Human Trafficking: Key Federal Criminal Statutes

Human Trafficking: Key Federal Criminal Statutes

October 7, 2021
Human Trafficking: Key Federal Criminal Statutes
Federal law criminalizes human trafficking, which typically
liability to attach when the victim is under 18 years of age.
involves the threat or use of force, fraud, or coercion to
Instead, Section 1591 makes it an offense to knowingly
obtain commercial sex acts, labor, or other services. See 22
recruit, entice, harbor, transport, provide, obtain, or
U.S.C. § 7102(11) (defining “severe forms of trafficking in
maintain a minor, while knowing or in reckless disregard of
persons”). Trafficking-related offenses tend to carry lengthy
the fact that the victim is a minor. A conviction for sex
prison terms, potentially including life imprisonment for
trafficking of a child under the TVPA does not require that
conduct involving actual or attempted killing, kidnapping,
the child actually engage in a sex act. See United States v.
or aggravated sexual abuse. Attempts or conspiracies to
Basa, 817 F.3d 645, 649 (9th Cir. 2016). Actual or
commit trafficking offenses are subject to similar penalties,
attempted obstruction of enforcement of Section 1591 is
and convictions may result in forfeiture of property and
also subject to penalty. 18 U.S.C. § 1591(d).
proceeds related to the offense. See 18 U.S.C. §§ 1594,
2433(e), 2428.
A violation carries a fine and/or prison sentence of a
minimum of 10 years with the possibility of enhanced
Some federal prohibitions on human trafficking have their
penalties, including life imprisonment. These heightened
roots in the Thirteenth Amendment’s guarantees against
penalties exist when, for example force, fraud, or coercion
slavery and involuntary servitude, while prohibitions
is used against a victim under 18 years of age, or when an
focusing on commercial sex acts often seem premised on
offense involves a minor under 14 years of age (regardless
Congress’s power over interstate and foreign commerce.
of whether force or coercion is used).
While federal law has barred slavery and involuntary
servitude since the Reconstruction era, and the
Trafficking with Respect to Peonage, Involuntary
transportation of persons across state lines for purposes of
Servitude, or Forced Labor
prostitution, Congress has passed several comprehensive
A person violates 18 U.S.C. § 1590 if he or she “knowingly
bills in recent decades to deter human trafficking. In
recruits, harbors, transports, provides, or obtains by any
particular, the Trafficking Victims Protection Act of 2000
means, any person for labor or services in violation of” the
(TVPA), as amended, added new criminal provisions and
statutory provisions prohibiting peonage, slavery, forced
strengthened penalties for already-existing laws. See Pub.
labor, and involuntary servitude. See also, e.g., Adia v.
L. No. 106-386, § 112.
Grandeur Management, Inc., 933 F.3d 89, 94 (2d Cir.
2019) (person recruited to work by employer who promised
This In Focus outlines key federal criminal laws addressing
to transfer and sponsor his visa and forced him to work for
human trafficking within the United States, found mainly in
less than he was owed by threatening to revoke that
Chapters 77 and 117 of the U.S. Criminal Code. It also
sponsorship). A violation carries a penalty of a fine and/or
highlights federal immigration-related crimes that may
imprisonment for up to 20 years. In aggravating
sometimes be relevant to trafficking activity, such as those
circumstances, an offender may be fined and imprisoned for
addressing the smuggling of non-U.S. nationals (aliens) into
any term of years, including life imprisonment.
the United States. Besides crimes discussed in this In
Focus, other laws may also be relevant, including those
Peonage
targeting the sexual exploitation of children (regardless of
Under 18 U.S.C. § 1581, it is a crime to hold or place a
whether done for commercial purposes). See, e.g., 18
person into the condition of peonage—involuntary
U.S.C. ch. 110. Still other criminal laws may be primarily
servitude based on real or alleged indebtedness. A violation
relevant to trafficking abroad. See, e.g.,18 U.S.C. § 2442
carries a term of imprisonment of up to 20 years and/or a
(conscription of child soldiers into hostilities). These and
fine, with the possibility of any number of years or life
other laws may be discussed in other CRS products.
imprisonment in aggravating circumstances.
Trafficking in Children and Others for Sex Acts
Sale into Involuntary Servitude
Added by the TVPA, Section 1591 of the U.S. Criminal
Federal law proscribes holding or selling a person for
Code criminalizes the trafficking in persons for commercial
involuntary servitude or bringing a person into the United
sex acts. 18 U.S.C. § 1591. Both purchasers and providers
States held in servitude. 18 U.S.C. § 1584(a). An offense
of commercial sex acts may be criminally liable. See United
carries a term of imprisonment of up to 20 years and/or a
States v. Cook, 782 F.3d 983, 987 (8th Cir. 2015). Section
fine, with the possibility of any number of years or life
1591 covers sex trafficking for both children and adults.
imprisonment in aggravating circumstances. Actual or
This provision, however, applies to trafficking in adults
attempted obstruction of enforcement of this prohibition is
aged 18 or older for commercial sex acts only if done by
likewise punishable. Id. § 1584(b). The Supreme Court has
actual or threatened force, fraud, or coercion. The use of
construed the phrase “involuntary servitude” in Section
force, fraud, or coercion is not necessary for criminal
1584 to have the same contours as in the Thirteenth
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Human Trafficking: Key Federal Criminal Statutes
Amendment. See United States v. Kozminski, 487 U.S. 931,
18 U.S.C. § 2422 makes it an offense to knowingly
944–45 (1988).
persuade, induce, entice, or coerce an individual to travel in
interstate or foreign commerce, or in any Territory or
Enticement into Slavery
Possession of the United States, to engage in prostitution, or
Under 18 U.S.C. § 1583, it is a crime to kidnap another
in any other criminal sex act. Violators are generally subject
person to sell that person into involuntary servitude or hold
to fine and/imprisonment for up to 20 years. Use of the mail
that person as a slave. Section 1583 also bars the
or other facility or means (e.g., electronic communication)
enticement, persuasion, or inducement of another to go on a
to knowingly persuade, induce, or coerce a person under 18
vessel or other place for the purpose of holding that person
years of age to engage in prostitution or other criminal sex
as a slave or sending that other person abroad for the
acts may face fine and imprisonment for not less than 10
purpose of being held as a slave. A Section 1583 violation
years or for life.
may result in a fine and/or imprisonment up to 30 years,
with the possibility of imprisonment for any number of
It is a crime under 18 U.S.C. § 2423 to transport persons
years or life in certain circumstances.
under the age of 18 in interstate or foreign commerce to
engage in prostitution or other criminal sexual activity.
Forced Labor
Violations carry a penalty of a fine and/or a minimum
The federal forced labor statute, 18 U.S.C. § 1589, makes it
prison sentence of 10 years. Further, this provision
a crime to knowingly obtain the labor or services of another
criminalizes engaging in “illicit sexual conduct” while
person by (1) actual or threatened force or physical
traveling in interstate commerce or into the United States.
restraint; (2) actual or threatened serious harm, including to
Id. § 2423(b). U.S. citizens and permanent residents
a third party; (3) actual or threatened abuse of law or legal
traveling abroad who engage in “illicit sexual conduct” may
process; or (4) a scheme, plan, or pattern intended to cause
also be criminally liable. Id. § 2423(c). “Illicit sexual
the person to believe that he or she would suffer serious
conduct” means (1) a sexual act with a person under 18
harm or physical restraint if the victim did not perform such
years of age; (2) any commercial sex act with a person
services. See, e.g., United States v. Callahan, 801 F.3d 606,
under 18 years of age; or (3) the production of child
620–21 (6th Cir. 2015) (upholding forced labor conviction
pornography. Id. § 2423(f). This statutory provision also
for compelling a disabled woman to perform domestic labor
penalizes those who facilitate the travel of a person for the
through extreme circumstances—squalid living conditions,
purpose of commercial advantage or private gain, while
extreme isolation, threat of legal process, and violence).
knowing that person is engaging in illicit sexual conduct,
Section 1589 also penalizes those who knowingly benefit
Id. § 2423(d). A violation of these provisions may result in
financially or receive anything of value from participating
a fine and/or imprisonment of up to 30 years. A defendant
in a forced labor scheme. Those who violate this provision
may evade criminal liability by establishing that he or she
may be fined and/or imprisoned for up to 20 years, with the
believed the person with whom the commercial sex act was
possibility of any number of years, including life
committed was 18 years of age or older. Id. § 2423(g).
imprisonment in aggravating circumstances.
Relevant Immigration-Related Criminal Statutes
Documents in Furtherance of Peonage, Involuntary
Conduct punishable under human trafficking laws is
Servitude, or Forced Labor
sometimes punishable under other federal laws, including
It is a crime under 18 U.S.C. § 1592 to knowingly destroy,
immigration statutes when the victim is a noncitizen. The
conceal, remove, confiscate, or possess an actual or
Immigration and Nationality Act (INA) governs the
purported passport or government-issued identification
admission, removal, and presence of aliens, and Congress
document, including an immigration document, of another
has established therein criminal penalties for those who
either in conjunction with intended violations of the above-
undermine immigration rules. In particular, 8 U.S.C. § 1324
mentioned human trafficking offenses, or for the purpose of
criminalizes conduct that involves smuggling aliens into the
attempting to or actually restricting a person’s freedom of
United States, transporting aliens within the country, or
movement or travel in order to maintain that person’s labor
otherwise facilitating unlawfully present aliens to remain in
or services. See, e.g., United States v. Farrell, 563 F.3d
the United States. Smuggled aliens may not necessarily be
364, 376–77 (8th Cir. 2009) (workers’ passports, visas, and
trafficking victims, but immigration crimes may be relevant
entry cards were confiscated and held by the perpetrators).
to human trafficking activities that involve facilitating an
Violations are subject to fine and/or imprisonment for up to
alien’s unlawful entry and presence. Criminal liability
five years. A victim of trafficking is not guilty of this crime
attaches regardless of whether the smuggling,
if his or her conduct was caused by, or incident to, that
transportation, or harboring of the alien is for sex acts or
trafficking. 18 U.S.C. § 1592(b).
forced labor. Violations carry lengthy prison sentences,
including enhanced penalties if the conduct was performed
Interstate Sex Trafficking Crimes
for private gain or resulted in injury or death.
Chapter 117 of the Criminal Code, in addition to including
offenses related to prostitution generally, addresses sex
Other immigration criminal statutes can also apply to
trafficking of children and coercion of persons into
trafficking-related activities, such as fraud and misuse of
prostitution. Unlike offenses discussed above, crimes in this
visas, permits, and other immigration documents (18 U.S.C.
Chapter generally involve transporting persons across state
§ 1546), importation, holding, or keeping of an alien for
lines or international boundaries.
prostitution or “any other immoral purpose” (8 U.S.C. §
1328), failing to file a factual statement about an alien
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Human Trafficking: Key Federal Criminal Statutes
harbored for purposes of prostitution (18 U.S.C. § 2424),
Kelsey Y. Santamaria, Legislative Attorney
and marriage fraud (8 U.S.C. § 1325(c)).
IF11942

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