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1 1 (October 7, 2021)

handle is hein.crs/goveepw0001 and id is 1 raw text is: Congressional Research Service 0 October 7, 2021 Human Trafficking: Key Federal Criminal Statutes Federal law criminalizes human trafficking, which typically involves the threat or use of force, fraud, or coercion to obtain commercial sex acts, labor, or other services. See 22 U.S.C. § 7102(11) (defining severe forms of trafficking in persons). Trafficking-related offenses tend to carry lengthy prison terms, potentially including life imprisonment for conduct involving actual or attempted killing, kidnapping, or aggravated sexual abuse. Attempts or conspiracies to commit trafficking offenses are subject to similar penalties, and convictions may result in forfeiture of property and proceeds related to the offense. See 18 U.S.C. §§ 1594, 2433(e), 2428. Some federal prohibitions on human trafficking have their roots in the Thirteenth Amendment's guarantees against slavery and involuntary servitude, while prohibitions focusing on commercial sex acts often seem premised on Congress's power over interstate and foreign commerce. While federal law has barred slavery and involuntary servitude since the Reconstruction era, and the transportation of persons across state lines for purposes of prostitution, Congress has passed several comprehensive bills in recent decades to deter human trafficking. In particular, the Trafficking Victims Protection Act of 2000 (TVPA), as amended, added new criminal provisions and strengthened penalties for already-existing laws. See Pub. L. No. 106-386, § 112. This In Focus outlines key federal criminal laws addressing human trafficking within the United States, found mainly in Chapters 77 and 117 of the U.S. Criminal Code. It also highlights federal immigration-related crimes that may sometimes be relevant to trafficking activity, such as those addressing the smuggling of non-U.S. nationals (aliens) into the United States. Besides crimes discussed in this In Focus, other laws may also be relevant, including those targeting the sexual exploitation of children (regardless of whether done for commercial purposes). See, e.g., 18 U.S.C. ch. 110. Still other criminal laws may be primarily relevant to trafficking abroad. See, e.g.,18 U.S.C. § 2442 (conscription of child soldiers into hostilities). These and other laws may be discussed in other CRS products. Trafficking in Children and Others for Sex Acts Added by the TVPA, Section 1591 of the U.S. Criminal Code criminalizes the trafficking in persons for commercial sex acts. 18 U.S.C. § 1591. Both purchasers and providers of commercial sex acts may be criminally liable. See United States v. Cook, 782 F.3d 983, 987 (8th Cir. 2015). Section 1591 covers sex trafficking for both children and adults. This provision, however, applies to trafficking in adults aged 18 or older for commercial sex acts only if done by actual or threatened force, fraud, or coercion. The use of force, fraud, or coercion is not necessary for criminal liability to attach when the victim is under 18 years of age. Instead, Section 1591 makes it an offense to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor, while knowing or in reckless disregard of the fact that the victim is a minor. A conviction for sex trafficking of a child under the TVPA does not require that the child actually engage in a sex act. See United States v. Basa, 817 F.3d 645, 649 (9th Cir. 2016). Actual or attempted obstruction of enforcement of Section 1591 is also subject to penalty. 18 U.S.C. § 1591(d). A violation carries a fine and/or prison sentence of a minimum of 10 years with the possibility of enhanced penalties, including life imprisonment. These heightened penalties exist when, for example force, fraud, or coercion is used against a victim under 18 years of age, or when an offense involves a minor under 14 years of age (regardless of whether force or coercion is used). Trafficking with Respect to Peonage, Involuntary Servitude, or Forced Labor A person violates 18 U.S.C. § 1590 if he or she knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of' the statutory provisions prohibiting peonage, slavery, forced labor, and involuntary servitude. See also, e.g., Adia v. Grandeur Management, Inc., 933 F.3d 89, 94 (2d Cir. 2019) (person recruited to work by employer who promised to transfer and sponsor his visa and forced him to work for less than he was owed by threatening to revoke that sponsorship). A violation carries a penalty of a fine and/or imprisonment for up to 20 years. In aggravating circumstances, an offender may be fined and imprisoned for any term of years, including life imprisonment. Peonage Under 18 U.S.C. § 1581, it is a crime to hold or place a person into the condition of peonage-involuntary servitude based on real or alleged indebtedness. A violation carries a term of imprisonment of up to 20 years and/or a fine, with the possibility of any number of years or life imprisonment in aggravating circumstances. Sale into Involuntary Servitude Federal law proscribes holding or selling a person for involuntary servitude or bringing a person into the United States held in servitude. 18 U.S.C. § 1584(a). An offense carries a term of imprisonment of up to 20 years and/or a fine, with the possibility of any number of years or life imprisonment in aggravating circumstances. Actual or attempted obstruction of enforcement of this prohibition is likewise punishable. Id. § 1584(b). The Supreme Court has construed the phrase involuntary servitude in Section 1584 to have the same contours as in the Thirteenth ittps://Crsreports.congress.gt

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