18 U.S.C. § 1593 — Mandatory restitution

Page 414 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1592 prior to the date of enactment of this Act [May 29, 2015], to encompass those who purchase illicit sexual acts from trafficking victims, some confusion per- sists; ‘‘(3) in United States vs. Jungers, 702 F.3d 1066 (8th Cir. 2013), the United States Court of Appeals for the Eighth Circuit ruled that section 1591 of title 18, United States Code, applied to persons who purchase illicit sexual acts with trafficking victims after the United States District Court for the District of South Dakota erroneously granted motions to acquit these buyers in two separate cases; and ‘‘(4) section 108 of this title [title I of Pub. L. 114–22] amends section 1591 of title 18, United States Code, to add the words ‘solicits or patronizes’ to the sex traf- ficking statute making absolutely clear for judges, juries, prosecutors, and law enforcement officials that criminals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders when this is merited by the facts of a particular case.’’ § 1592. Unlawful conduct with respect to docu- ments in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor (a) Whoever knowingly destroys, conceals, re- moves, confiscates, or possesses any actual or purported passport or other immigration docu- ment, or any other actual or purported govern- ment identification document, of another per- son— (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 per- son, when the person is or has been a victim of a severe form of trafficking in persons, as de- fined 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 con- duct of a person who is or has been a victim of a severe form of trafficking in persons, as de- fined in section 103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to, that trafficking. (c) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the en- forcement of this section, shall be subject to the penalties described in subsection (a). (Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1488; amended Pub. L. 110–457, title II, § 222(b)(6), Dec. 23, 2008, 122 Stat. 5070.) Editorial Notes 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 Inter- course. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–457 added subsec. (c). § 1593. Mandatory restitution (a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal pen- alties authorized by law, the court shall order restitution for any offense under this chapter. (b)(1) The order of restitution under this sec- tion 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 sub- section. (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(c)(2) 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.). (4) The forfeiture of property under this sub- section shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853). (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, incom- petent, 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. (Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1488; amended Pub. L. 110–457, title II, § 221(1), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 115–299, § 3(c), Dec. 7, 2018, 132 Stat. 4385.) Editorial Notes 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, 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. AMENDMENTS 2018—Subsec. (b)(3). Pub. L. 115–299 substituted ‘‘sec- tion 2259(c)(2)’’ for ‘‘section 2259(b)(3)’’. 2008—Subsec. (b)(4). Pub. L. 110–457 added par. (4). § 1593A. Benefitting financially from peonage, slavery, and trafficking in persons Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in any act in violation of this chapter, knowing or in reckless disregard of the fact that the venture has en- gaged in such violation, shall be fined under this title or imprisoned in the same manner as a completed violation of such section. (Added Pub. L. 110–457, title II, § 222(d)(1), Dec. 23, 2008, 122 Stat. 5070; amended Pub. L. 115–393, title III, § 303(c), Dec. 21, 2018, 132 Stat. 5273.)