PRIA, Government Policy, Made Personal

Summary

It is a crime to knowingly force someone to work by using violence, threats, holding them down, threatening serious harm, abusing laws or court actions to scare them, or by using a plan that makes them believe they or someone else will be hurt if they do not work. It is also a crime to get money or anything of value from a business that used these methods if you knew or were reckless about it. "Abuse or threatened abuse of law or legal process": using laws or legal steps in the wrong way to pressure someone. "Serious harm": harm (physical or not) that is bad enough that a reasonable person would feel forced to work to avoid it. Penalty: a fine under federal law, up to 20 years in prison, or both. If the crime causes death or includes kidnapping, attempted kidnapping, aggravated sexual abuse, or attempted killing, the prison term can be any number of years or life, and fines may also apply.

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,

shall be punished as provided under subsection (d).

(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