18 U.S.C. § 1583 — Enticement into slavery

Page 409 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1583 Sec. 1593. Mandatory restitution. 1593A. Benefitting financially from peonage, slavery, and trafficking in persons. 1594. General provisions. 1595. Civil remedy. 1595A. Civil injunctions. 1596. Additional jurisdiction in certain trafficking offenses. 1597. Unlawful conduct with respect to immigra- tion documents. HISTORICAL AND REVISION NOTES It was felt that further revision of this chapter should be considered at an opportune time for the same reasons stated with respect to chapter 81, ‘‘Piracy and Privateering’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–393, title II, § 201(b), Dec. 21, 2018, 132 Stat. 5267, added item 1595A. 2013—Pub. L. 113–4, title XII, § 1211(c)(2), Mar. 7, 2013, 127 Stat. 143, added item 1597. 2008—Pub. L. 110–457, title II, §§ 222(d)(2), 223(b), Dec. 23, 2008, 122 Stat. 5070, 5072, added items 1593A and 1596. 2003—Pub. L. 108–193, §§ 4(a)(4)(B), 5(c)(1), Dec. 19, 2003, 117 Stat. 2878, 2879, substituted ‘‘PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS’’ for ‘‘PEONAGE AND SLAVERY’’ as chapter heading and added item 1595. 2000—Pub. L. 106–386, div. A, § 112(a)(3), Oct. 28, 2000, 114 Stat. 1489, added items 1589 to 1594. 1949—Act May 24, 1949, ch. 139, § 36, 63 Stat. 95, sub- stituted a semicolon for comma after ‘‘Peonage’’ in item 1581. § 1581. Peonage; obstructing enforcement (a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, 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, or attempts to ob- struct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a). (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.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 444, 445 (Mar. 4, 1909, ch. 321, §§ 269, 270, 35 Stat. 1142). Section consolidates sections 444 and 445 of said title 18, U.S.C., 1940 ed., with changes in phraseology to am- plify and clarify their provisions. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–386 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—Subsec. (a). Pub. L. 104–208 substituted ‘‘10 years’’ for ‘‘five years’’. 1994—Subsec. (a). 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 Pub. L. 104–208, div. C, title II, § 218(d), Sept. 30, 1996, 110 Stat. 3009–574, provided that: ‘‘This section [amend- ing this section and sections 1583, 1584, and 1588 of this title and enacting provisions set out as notes under sec- tion 994 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].’’ § 1582. Vessels for slave trade Whoever, whether as master, factor, or owner, builds, fits out, equips, loads, or otherwise pre- pares or sends away any vessel, in any port or place within the United States, or causes such vessel to sail from any such port or place, for the purpose of procuring any person from any foreign kingdom or country to be transported and held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be fined under this title or imprisoned not more than seven years, or both. (June 25, 1948, ch. 645, 62 Stat. 772; 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., § 424 (Mar. 4, 1909, ch. 321, § 249, 35 Stat. 1139). Words ‘‘within the United States’’ were substituted for ‘‘within the jurisdiction of the United States’’. See section 5 of this title defining ‘‘United States’’. Provision for division of the fine and its recovery by private person was omitted. (See reviser’s note under section 1585 of this title.) Mandatory-punishment provisions were rephrased in the alternative. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 1583. Enticement into slavery (a) Whoever— (1) kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; (2) entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he or she may be made or held as a slave, or sent out of the country to be so made or held; or (3) obstructs, or attempts to obstruct, or in any way interferes with or prevents the en- forcement of this section, shall be fined under this title, imprisoned not more than 30 years, or both. 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-