When the FBI Comes Calling…®
HUMAN TRAFFICKING AND SMUGGLING
Peonage
Peonage is defined as "illegal and involuntary servitude in satisfaction of a debt." Black's Law Dictionary 1171 (8th ed. 2005). It is distinguishable from involuntary servitude, which is defined as "The condition of one forced to labor—for pay or not—for another by coercion or imprisonment," Id. at 1402, and slavery, which is defined as "A situation in which one person has absolute power of the life, fortune, and liberty of another." Id. at 1422. This page looks at the provisions in the United States Code that deal specifically with peonage, with involuntary servitude being discussed here.
18 U.S.C. § 1581
The predecessor statute to 18 U.S.C. §1581 was passed to further implement the Thirteenth Amendment, and is directed at individuals regardless of whether the individual was acting under color of law. United States v. Gaskin, 320 U.S. 527, 528 (1944). Therefore, it is reasonable to assume that that would still be the case. However, as will be shown in the discussion of 42 U.S.C. §1944, below, there is apparently some controversy whether there is a requirement of some sort of state action.
The Crime
It is a violation of section 1581 to do the following things:
- to hold or return a person to a condition of peonage; or
- to arrest a person with the intent of placing him in or returning him to a condition of peonage. 18 U.S.C. §1581(a).
- attempt to obstruct or in any way interfere with the enforcement of section 1581(a). 18 U.S.C. §1581(b).
The Punishment
- The punishment for violating, or attempting to violate, section 1581(a) is a fine, imprisonment for not more than 20 years, or both.
- If death results from the violation of section 1581(a), or if the violation includes kidnapping or aggravated sexual abuse, or the attempt to do any of the three, punishment will be a fine, imprisonment for any term of years or life, or both.
Jurisdiction
There is no jurisdictional statement in section 1581, but Clyatt v. United States, 197 U.S. 207, 218 (1905) (interpreting 42 U.S.C. §1994) stated that in enacting the Thirteenth Amendment, Congress was able to make the law apply not just to Territories and other holdings of the United States, but also within the individual States and wherever the sovereignty of the United States extends. Since section 1581 is the result of 42 U.S.C. §1994, which was enacted to implement the Thirteenth Amendment, the same jurisdictional basis would reasonably apply.