§7109 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Under its authority in section 994 of title 28, the U.S. Sentencing Commission must review and, if needed, change the sentencing rules for people convicted of human trafficking and related crimes. That includes peonage, involuntary servitude, slave-trading, using false immigration papers to help trafficking, and violations of the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. The Commission must make sure punishments are tough enough to deter these crimes and to reflect how serious they are. It should consider making trafficking penalties like those for peonage and slave-trading. It should also consider tougher penalties when cases involve many victims, repeated or blatant violations, use or threat of a weapon, or death or serious injury. The Commission may create these guideline changes using the procedures in section 21(a) of the Sentencing Act of 1987 as if that law still applied.

Title 22, §7109

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)

(b)(1)Pursuant to its authority under section 994 of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act [29 U.S.C. 201 et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [29 U.S.C. 1801 et seq.].

(2)In carrying out this subsection, the Sentencing Commission shall—

(A)take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses;

(B)consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and

(C)consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that—

(i)involve a large number of victims;

(ii)involve a pattern of continued and flagrant violations;

(iii)involve the use or threatened use of a dangerous weapon; or

(iv)result in the death or bodily injury of any person.

(3)The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

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The Fair Labor Standards Act, referred to in subsec. (b)(1), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The Migrant and Seasonal Agricultural Worker Protection Act, referred to in subsec. (b)(1), is Pub. L. 97–470, Jan. 14, 1983, 96 Stat. 2584, which is classified generally to chapter 20 (§ 1801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see

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note set out under section 1801 of Title 29 and Tables. The Sentencing Act of 1987, referred to in subsec. (b)(3), is Pub. L. 100–182, Dec. 7, 1987, 101 Stat. 1266. section 21(a) of the Act is set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of this Act to the Code, see

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of 1987 Amendment note set out under section 3551 of Title 18, Crimes and Criminal Procedure, and Tables. Codification Section is comprised of section 112 of Pub. L. 106–386. Subsec. (a) of section 112 of Pub. L. 106–386 enacted sections 1589 to 1594 of Title 18, Crimes and Criminal Procedure, and amended section 1581, 1583, and 1584 of Title 18.

§7109 Strengthening prosecution and punishment of traffickers

Summary

Title 22, §7109

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