§1589 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime to make someone work or provide services by using force, threats of force or restraint, threats or serious harm, by abusing laws or court processes, or by using a scheme that makes the person believe they or someone else will be hurt or restrained if they do not comply. Anyone who knowingly profits from or benefits from a business that used those methods, and who knew or recklessly ignored that fact, can be punished the same way. "Abuse of law or legal process" means using laws or courts in a way they were not meant to pressure someone. "Serious harm" means physical or nonphysical harm (including psychological, financial, or harm to reputation) that would cause a reasonable person in the same situation to keep working to avoid it. The penalty is a federal fine, up to 20 years in prison, or both. If the crime causes death or includes kidnapping, attempted kidnapping, aggravated sexual abuse, or an attempt to kill, the sentence can be any number of years or life in prison, and a fine.

Title 18, §1589

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means—

(1)by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;

(2)by means of serious harm or threats of serious harm to that person or another person;

(3)by means of the abuse or threatened abuse of law or legal process; or

(4)by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint,

(b)Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means, shall be punished as provided in subsection (d).

(c)In this section:

(1)The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.

(2)The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.

(d)Whoever violates this section shall be fined under this title, imprisoned not more than 20 years, or both. If death results from a violation of this section, or if the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title, imprisoned for any term of years or life, or both.

Editorial Notes

Amendments

2008—Pub. L. 110–457 amended section generally. Prior to amendment, section provided penalties for knowingly providing or obtaining forced labor.

§1589 Forced Labor

Summary

Title 18, §1589

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata