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Online Attorney
01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1586. Service on vessels in slave trade
-STATUTE-
Whoever, being a citizen or resident of the United States,
voluntarily serves on board of any vessel employed or made use of
in the transportation of slaves from any foreign country or place
to another, shall be fined under this title or imprisoned not more
than two years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 427 (Mar. 4, 1909, ch.
321, Sec. 252, 35 Stat. 1139).
Mandatory-punishment provisions were rephrased in the
alternative.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $2,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1961 of this title.
-End-
-CITE-
18 USC Sec. 1587 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1587. Possession of slaves aboard vessel
-STATUTE-
Whoever, being the captain, master, or commander of any vessel
found in any river, port, bay, harbor, or on the high seas within
the jurisdiction of the United States, or hovering off the coast
thereof, and having on board any person for the purpose of selling
such person as a slave, or with intent to land such person for such
purpose, shall be fined under this title or imprisoned not more
than four years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 426 (Mar. 4, 1909, ch.
321, Sec. 251, 35 Stat. 1139).
Mandatory-punishment provisions were rephrased in the
alternative.
Minor change was made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1961 of this title.
-End-
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18 USC Sec. 1588 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1588. Transportation of slaves from United States
-STATUTE-
Whoever, being the master or owner or person having charge of any
vessel, receives on board any other person with the knowledge or
intent that such person is to be carried from any place within the
United States to any other place to be held or sold as a slave, or
carries away from any place within the United States any such
person with the intent that he may be so held or sold as a slave,
shall be fined under this title or imprisoned not more than 10
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
104-208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat.
3009-573.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 428 (Mar. 4, 1909, ch.
321, Sec. 253, 35 Stat. 1139).
Words "subject to the jurisdiction of" which appeared twice in
this section were omitted and "within" substituted, in view of
section 5 of this title defining "United States".
AMENDMENTS
1996 - Pub. L. 104-208 substituted "10 years" for "five years".
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-208 applicable with respect to offenses
occurring on or after Sept. 30, 1996, see section 218(d) of Pub. L.
104-208, set out as a note under section 1581 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1961 of this title; title
8 section 1101.
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18 USC Sec. 1589 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1589. Forced labor
-STATUTE-
Whoever knowingly provides or obtains the labor or services of a
person -
(1) by threats of serious harm to, or physical restraint
against, that person or another person;
(2) by means of any scheme, plan, or pattern intended to cause
the person to believe that, if the person did not perform such
labor or services, that person or another person would suffer
serious harm or physical restraint; or
(3) by means of the abuse or threatened abuse of law or the
legal process,
shall be fined under this title or imprisoned not more than 20
years, or both. If death results from the violation of this
section, or if the violation includes kidnapping or an attempt to
kidnap, aggravated sexual abuse or the attempt to commit aggravated
sexual abuse, or an attempt to kill, the defendant shall be fined
under this title or imprisoned for any term of years or life, or
both.
-SOURCE-
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1486.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1592, 1594, 1595, 1961 of
this title; title 8 section 1101; title 22 section 7103.
-End-
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18 USC Sec. 1590 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1590. Trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor
-STATUTE-
Whoever knowingly recruits, harbors, transports, provides, or
obtains by any means, any person for labor or services in violation
of this chapter shall be fined under this title or imprisoned not
more than 20 years, or both. If death results from the violation of
this section, or if the violation includes kidnapping or an attempt
to kidnap, aggravated sexual abuse, or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant shall
be fined under this title or imprisoned for any term of years or
life, or both.
-SOURCE-
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1487.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1592, 1594, 1595, 1961 of
this title; title 8 section 1101; title 22 section 7103.
-End-
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18 USC Sec. 1591 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1591. Sex trafficking of children or by force, fraud, or
coercion
-STATUTE-
(a) Whoever knowingly -
(1) in or affecting interstate or foreign commerce, or within
the special maritime and territorial jurisdiction of the United
States, recruits, entices, harbors, transports, provides, or
obtains by any means a person; or
(2) benefits, financially or by receiving anything of value,
from participation in a venture which has engaged in an act
described in violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection
(c)(2) will be used to cause the person to engage in a commercial
sex act, or that the person has not attained the age of 18 years
and will be caused to engage in a commercial sex act, shall be
punished as provided in subsection (b).
(b) The punishment for an offense under subsection (a) is -
(1) if the offense was effected by force, fraud, or coercion or
if the person recruited, enticed, harbored, transported,
provided, or obtained had not attained the age of 14 years at the
time of such offense, by a fine under this title or imprisonment
for any term of years or for life, or both; or
(2) if the offense was not so effected, and the person
recruited, enticed, harbored, transported, provided, or obtained
had attained the age of 14 years but had not attained the age of
18 years at the time of such offense, by a fine under this title
or imprisonment for not more than 40 years, or both.
(c) In this section:
(1) The term "commercial sex act" means any sex act, on account
of which anything of value is given to or received by any person.
(2) The term "coercion" means -
(A) threats of serious harm to or physical restraint against
any person;
(B) any scheme, plan, or pattern intended to cause a person
to believe that failure to perform an act would result in
serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of law or the legal
process.
(3) The term "venture" means any group of two or more
individuals associated in fact, whether or not a legal entity.
-SOURCE-
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1487; amended Pub. L. 108-21, title I, Sec. 103(a)(3), Apr.
30, 2003, 117 Stat. 653; Pub. L. 108-193, Sec. 5(a), Dec. 19, 2003,
117 Stat. 2879.)
-MISC1-
AMENDMENTS
2003 - Pub. L. 108-193, Sec. 5(a)(1), inserted comma after
"fraud" in section catchline.
Subsec. (a)(1). Pub. L. 108-193, Sec. 5(a)(2), substituted "in or
affecting interstate or foreign commerce, or within the special
maritime and territorial jurisdiction of the United States" for "in
or affecting interstate commerce".
Subsec. (b). Pub. L. 108-193, Sec. 5(a)(3), substituted "the
person recruited, enticed, harbored, transported, provided, or
obtained" for "the person transported" in pars. (1) and (2).
Subsec. (b)(2). Pub. L. 108-21 substituted "40" for "20".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1592, 1594, 1595, 1961,
2423, 2516, 3142, 3553, 3583 of this title; title 8 section 1101;
title 22 section 7103.
-End-
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18 USC Sec. 1592 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1592. Unlawful conduct with respect to documents in
furtherance of trafficking, peonage, slavery, involuntary
servitude, or forced labor
-STATUTE-
(a) Whoever knowingly destroys, conceals, removes, confiscates,
or possesses any actual or purported passport or other immigration
document, or any other actual or purported government
identification document, of another person -
(1) in the course of a violation of section 1581, 1583, 1584,
1589, 1590, 1591, or 1594(a);
(2) with intent to violate section 1581, 1583, 1584, 1589,
1590, or 1591; or
(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, the person's liberty to move
or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a severe form
of trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 5
years, or both.
(b) Subsection (a) does not apply to the conduct of a person who
is or has been a victim of a severe form of trafficking in persons,
as defined in section 103 of the Trafficking Victims Protection Act
of 2000, if that conduct is caused by, or incident to, that
trafficking.
-SOURCE-
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1488.)
-REFTEXT-
REFERENCES IN TEXT
Section 103 of the Trafficking Victims Protection Act of 2000,
referred to in subsecs. (a)(3) and (b), is classified to section
7102 of Title 22, Foreign Relations and Intercourse.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 7103.
-End-
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18 USC Sec. 1593 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1593. Mandatory restitution
-STATUTE-
(a) Notwithstanding section 3663 or 3663A, and in addition to any
other civil or criminal penalties authorized by law, the court
shall order restitution for any offense under this chapter.
(b)(1) The order of restitution under this section shall direct
the defendant to pay the victim (through the appropriate court
mechanism) the full amount of the victim's losses, as determined by
the court under paragraph (3) of this subsection.
(2) An order of restitution under this section shall be issued
and enforced in accordance with section 3664 in the same manner as
an order under section 3663A.
(3) As used in this subsection, the term "full amount of the
victim's losses" has the same meaning as provided in section
2259(b)(3) and shall in addition include the greater of the gross
income or value to the defendant of the victim's services or labor
or the value of the victim's labor as guaranteed under the minimum
wage and overtime guarantees of the Fair Labor Standards Act (29
U.S.C. 201 et seq.).
(c) As used in this section, the term "victim" means the
individual harmed as a result of a crime under this chapter,
including, in the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or a representative of the victim's estate, or another
family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named such
representative or guardian.
-SOURCE-
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1488.)
-REFTEXT-
REFERENCES IN TEXT
The Fair Labor Standards Act, referred to in subsec. (b)(3),
probably means the Fair Labor Standards Act of 1938, act June 25,
1938, ch. 676, 52 Stat. 1060, as amended, which is classified
generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For
complete classification of this Act to the Code, see section 201 of
Title 29 and Tables.
-End-
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18 USC Sec. 1594 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1594. General provisions
-STATUTE-
(a) Whoever attempts to violate section 1581, 1583, 1584, 1589,
1590, or 1591 shall be punishable in the same manner as a completed
violation of that section.
(b) The court, in imposing sentence on any person convicted of a
violation of this chapter, shall order, in addition to any other
sentence imposed and irrespective of any provision of State law,
that such person shall forfeit to the United States -
(1) such person's interest in any property, real or personal,
that was used or intended to be used to commit or to facilitate
the commission of such violation; and
(2) any property, real or personal, constituting or derived
from, any proceeds that such person obtained, directly or
indirectly, as a result of such violation.
(c)(1) The following shall be subject to forfeiture to the United
States and no property right shall exist in them:
(A) Any property, real or personal, used or intended to be used
to commit or to facilitate the commission of any violation of
this chapter.
(B) Any property, real or personal, which constitutes or is
derived from proceeds traceable to any violation of this chapter.
(2) The provisions of chapter 46 of this title relating to civil
forfeitures shall extend to any seizure or civil forfeiture under
this subsection.
(d) Witness Protection. - Any violation of this chapter shall be
considered an organized criminal activity or other serious offense
for the purposes of application of chapter 224 (relating to witness
protection).
-SOURCE-
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1489.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1592 of this title; title
22 section 7103.
-End-
-CITE-
18 USC Sec. 1595 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
-HEAD-
Sec. 1595. Civil remedy
-STATUTE-
(a) An individual who is a victim of a violation of section 1589,
1590, or 1591 of this chapter may bring a civil action against the
perpetrator in an appropriate district court of the United States
and may recover damages and reasonable attorneys fees.
(b)(1) Any civil action filed under this section shall be stayed
during the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim.
(2) In this subsection, a "criminal action" includes
investigation and prosecution and is pending until final
adjudication in the trial court.
-SOURCE-
(Added Pub. L. 108-193, Sec. 4(a)(4)(A), Dec. 19, 2003, 117 Stat.
2878.)
-End-
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18 USC CHAPTER 79 - PERJURY 01/19/04
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 79 - PERJURY
-HEAD-
CHAPTER 79 - PERJURY
-MISC1-
Sec.
1621. Perjury generally.
1622. Subornation of perjury.
1623. False declarations before grand jury or court.
AMENDMENTS
1970 - Pub. L. 91-452, title IV, Sec. 401(b), Oct. 15, 1970, 84
Stat. 933, added item 1623.
-End-
-CITE-
18 USC Sec. 1621
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