18 U.S.C. § 1585 — Seizure, detention, transportation or sale

Page 410 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1584 (b) Whoever violates this section shall be fined under this title, imprisoned for any term of years or for life, or both if— (1) the violation results in the death of the victim; or (2) the violation includes kidnaping, an at- tempt to kidnap, aggravated sexual abuse, an attempt to commit aggravated sexual abuse, or an attempt to kill. (June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 218(a), Sept. 30, 1996, 110 Stat. 3009–573; Pub. L. 106–386, div. A, § 112(a)(1), Oct. 28, 2000, 114 Stat. 1486; Pub. L. 110–457, title II, § 222(b)(1), Dec. 23, 2008, 122 Stat. 5067; Pub. L. 115–392, § 11(1)(A), Dec. 21, 2018, 132 Stat. 5255.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 443 (Mar. 4, 1909, ch. 321, § 268, 35 Stat. 1141). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Minor changes were made in paragraphing of section. Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–392 substituted ‘‘not more than 30 years’’ for ‘‘not more than 20 years’’ in concluding provisions. 2008—Pub. L. 110–457 amended section generally. Prior to amendment, section provided penalties for kidnap- ping or enticement of a person with intent to sell or hold such person as a slave. 2000—Pub. L. 106–386, in last par., substituted ‘‘20 years’’ for ‘‘10 years’’ and inserted at end ‘‘If death re- sults from the violation of this section, or if the viola- tion includes kidnapping or an attempt to kidnap, ag- gravated sexual abuse or the attempt to commit aggra- vated 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.’’ 1996—Pub. L. 104–208 substituted ‘‘10 years’’ for ‘‘five years’’ in last par. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ in last par. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 applicable with re- spect 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. § 1584. Sale into involuntary servitude (a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, 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 sex- ual 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. (b) 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). (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 218(a), Sept. 30, 1996, 110 Stat. 3009–573; Pub. L. 106–386, div. A, § 112(a)(1), Oct. 28, 2000, 114 Stat. 1486; Pub. L. 110–457, title II, § 222(b)(2), Dec. 23, 2008, 122 Stat. 5068.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 423, 446 (Mar. 4, 1909, ch. 321, §§ 248, 271, 35 Stat. 1139, 1142). Sections consolidated with changes of phraseology necessary to effect consolidation. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Provisions as to holding of kidnapped persons were omitted as superseded by section 1201 of this title and original text relating to sale or holding to involuntary servitude retained. Words ‘‘within the United States’’ were substituted for ‘‘within the jurisdiction of the United States’’. (See section 5 of this title defining ‘‘United States’’.) The punishment provisions were derived from section 446 of title 18, U.S.C., 1940 ed., as more consistent with other sections of this chapter. The requirement of section 423 of title 18, U.S.C., 1940 ed., for payment of one-half the fine ‘‘for the use of the person prosecuting the indictment to effect’’ was omit- ted as meaningless. (See also reviser’s note under sec- tion 1585 of this title.) Mandatory-punishment provisions were rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2008—Pub. L. 110–457 designated existing provisions as subsec. (a) and added subsec. (b). 2000—Pub. L. 106–386 substituted ‘‘20 years’’ for ‘‘10 years’’ and inserted at end ‘‘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.’’ 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 applicable with re- spect 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. § 1585. Seizure, detention, transportation or sale of slaves Whoever, being a citizen or resident of the United States and a member of the crew or ship’s company of any foreign vessel engaged in the slave trade, or whoever, being of the crew or ship’s company of any vessel owned in whole or in part, or navigated for, or in behalf of, any cit- izen of the United States, lands from such ves- sel, and on any foreign shore seizes any person with intent to make that person a slave, or de- coys, or forcibly brings, carries, receives, con- Page 411 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1589 fines, detains or transports any person as a slave on board such vessel, or, on board such vessel, offers or attempts to sell any such person as a slave, or on the high seas or anywhere on tide water, transfers or delivers to any other vessel any such person with intent to make such per- son a slave, or lands or delivers on shore from such vessel any person with intent to sell, or having previously sold, such person as a slave, shall be fined under this title or imprisoned not more than seven years, or both. (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 421, 422, 425 (Mar. 4, 1909, ch. 321, §§ 246, 247, 250, 35 Stat. 1138, 1139). Section consolidates and restores three basic sections (act May 25, 1820, ch. 113, §§ 4, 5, 3 Stat. 600, 601; act Apr. 20, 1818, ch. 91, § 4, 3 Stat. 451). As reenacted in the Re- vised Statutes, such sections were extended and broad- ened beyond such basic acts. The language at the begin- ning, ‘‘being a citizen or resident of the United States’’, was inserted from said section 425 of title 18, U.S.C., 1940 ed., as enacted originally. While the basic provi- sions of said sections 421 and 422 are thus broadened, their application as enacted in the 1909 Criminal Code is narrowed. Designation in said section 421 of title 18, U.S.C., 1940 ed., of offender as a ‘‘pirate’’ was omitted as unneces- sary. The punishment provision of section 1582 of this title (incorporated by reference in said section 425) has been adopted as consistent with other slave-trade stat- utes rather than the life-imprisonment penalty con- tained in said sections 421 and 422 of title 18, U.S.C., 1940 ed. However, the requirement in section 1582 of this title that one-half the fine be for the ‘‘use of the person prosecuting the indictment to effect’’ was omitted as meaningless. Mandatory-punishment provisions were rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 1586. Service on vessels in slave trade Whoever, being a citizen or resident of the United States, voluntarily serves on board of any vessel employed or made use of in the trans- portation 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. (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 427 (Mar. 4, 1909, ch. 321, § 252, 35 Stat. 1139). Mandatory-punishment provisions were rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’. § 1587. Possession of slaves aboard vessel Whoever, being the captain, master, or com- mander of any vessel found in any river, port, bay, harbor, or on the high seas within the juris- diction 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 pur- pose, shall be fined under this title or impris- oned not more than 10 years, or both. (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 115–392, § 11(1)(B), Dec. 21, 2018, 132 Stat. 5255.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 426 (Mar. 4, 1909, ch. 321, § 251, 35 Stat. 1139). Mandatory-punishment provisions were rephrased in the alternative. Minor change was made in phraseology. Editorial Notes AMENDMENTS 2018—Pub. L. 115–392 substituted ‘‘10 years’’ for ‘‘four years’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 1588. Transportation of slaves from United States 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. (June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 218(a), Sept. 30, 1996, 110 Stat. 3009–573.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 428 (Mar. 4, 1909, ch. 321, § 253, 35 Stat. 1139). Words ‘‘subject to the jurisdiction of’’ which appeared twice in this section were omitted and ‘‘within’’ sub- stituted, in view of section 5 of this title defining ‘‘United States’’. Editorial Notes 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 applicable with re- spect 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. § 1589. Forced labor (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—