The U.S. has enacted laws against slavery. Chapter 77 of Title 18 of the U.S. code has a number of provisions dealing with involuntary servitude, slavery, or forced labor. However, these provisions are archaic and in need of an overhaul.
All statutes in Title 18 can be seen from this House.gov website:
18 USC Ch. 77: PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
Changes have been made in Title 18 as a result of the Trafficking Victims Protection Act (TVPA) of 2000. More information on the changes can be found at this Department of Justice website:
INVOLUNTARY SERVITUDE, FORCED LABOR, AND SEX TRAFFICKING STATUTES ENFORCED
Proposed Changes to U.S. Law
Definition of Slavery
What exactly is slavery? That is a good question. What is the legal definition of slavery? That is another good question. The problem is that a reasonably current legal definition of slavery is yet to be accepted. The statutes in Title 18 use the word “slave’, but without any definition. It is just assumed everyone knows what a slave is.
There have been many proposed definitions of the crime of slavery. However, the definitions contain antiquated concepts of slavery. It is time to develop a definition that fits the modern world.
This web site will be the first to offer a comprehensive definition of the crime of slavery. The proposed definition is included in the proposed “§1581. Definition of the crime of slavery”, listed below.
Slavery is a Crime
Republicans need to work to educate the public that slavery is a crime, and it is occurring throughout the world today, including in the United States. Slavery is currently not listed as a crime in much criminal justice literature. For example, the usual list of categories of crime includes crimes against persons, crimes against property, statutory crimes, and financial crimes. [Types of Criminal Offenses]
However, slavery can be a violent crime, a crime against property (a slave is robbed of the opportunity to earn and receive income), and a statutory crime (prohibited by statute). Yet slavery is not mentioned in the usual list of crimes in each category. Forced marriage is a form of slavery that is not necessarily a violent crime, and it doesn’t fit easy in the other categories. In some cases, organized crime, or crimes committed by groups, is considered a category of crime, and slavery can be orchestrated in networks or groups.
Thus, slavery can be included in all types of crimes, yet it is rarely, if at all, mentioned in any. This needs to change. The crime of slavery is not a relic of the past. Slavery can be considered a stand-alone category, which would help lawmakers and the public to recognize the need for specific laws and law enforcement of the crime of slavery.
Remove Trafficking from Law Language
Slavery has been recognized in some public laws, or at least “human trafficking” has been recognized. However, laws referring to “human trafficking”—whatever that is—are minimizing the severity of the real crime of slavery. Slavery is a crime, and it should be recognized as such. Assault isn’t called “aggressive human interaction”. Thus, it is important to remove the terms “trafficking” or “human trafficking” from the language in laws previously enacted, and use the correct term “slavery” for any new laws.
Make Laws Current—Forced Marriage
The laws need to be made current. Forced marriage is slavery, and it is not mentioned at all in Chapter 77. It should be included.
Include Death Sentence
Slavery is a heinous crime for which justice would include capital punishment. The death penalty has been generally reserved for the crime of murder. Yet one who has suffered being a victim of slavery has lost at least part of their life. Post-traumatic stress disorder (PTSD)--a mental health condition that's triggered by a terrifying event--can be paralyzing and even result in suicide.
From Congressional Research Service--The Federal Death Penalty:
“Given the recent resumption of federal executions, Congress may seek to reexamine or reaffirm the death penalty as a punishment for certain crimes. Congress could choose to conduct oversight of how DOJ carries out executions. Congress could review, add, or remove crimes that are punishable by death, subject to constitutional limitations, among other legislative options.”
It is time to recognize that slavery destroys lives, and the death penalty is an appropriate penalty.
Abraham Lincoln Abolish Slavery Act
The 13th Amendment abolished what was recognized as slavery, which was the legal ownership of humans. However, the 13th Amendment did not abolish the crime of slavery, which occurs currently in America.
President Lincoln signed the Emancipation Proclamation on September 22, 1862, in which he proclaimed that all slaves at that time shall be free. It is time to finish the job President Lincoln started, and work to abolish the crime of slavery in America.
This would involve enacting laws that address the crime of slavery directly. Some federal laws have been enacted, but the problem is that the statutes in 18 U.S. Code, Chapter 77, are hopelessly antiquated. (The statutes mention “peonage” and “vessels for slave trade”.)
A rewrite is needed. We have a constitutional amendment to abolish slavery. Now we need federal laws that will provide law enforcement with the tools to abolish slavery in the 21st century. Thus, it is proposed that the “Abraham Lincoln Abolish Slavery Act” be passed by Congress.
The “Abraham Lincoln Abolish Slavery Act” proposes to replace 18 U.S. Code statutes §1581-§1595A (Chapter 77) as follows:
§1581. Definition of the crime of slavery.
Slavery has historically been associated with ownership of a person. However, ownership of a person has been prohibited by law and international human rights declarations. Nevertheless, the crime of slavery, or of treating someone as a slave, can still be committed.
The short definition of the crime of slavery is that slavery is the opposite of freedom, meaning slavery occurs when one is deprived of freedom.
Specifically, the crime of slavery occurs when a person, or group, with intent to cause harm, uses force, threat of force, or coercion by any means, to obtain control of another person, against their will, for a duration, and as a result the victim’s freedom of movement, thought, or basic human rights is severely restricted.
(a) It is important to define what slavery is not. Slavery is not necessarily forced labor or sexual abuse. The emphasis is on controlling a person where the person’s freedom of movement, thought, or conscience is restricted.
(b) Slavery is not just forcing someone against their will. Some feel that stopping at a red light or paying taxes is against their will.
The key term is “intent to harm”. There can be many instances where individuals or groups may be forced into something against their will, but without intent to harm. Cruise ships may need to dock at a delayed time because of inclement weather, or airlines may need to hold an airplane on the tarmac because other flights were delayed. In these situations, cruise ship owners and airlines are not committing slavery, though they be liable for violating some regulations or contract laws.
(c) Children may be coerced or forced to do something by parents for the good of the child—such as going to school or accepting responsibility for work or even employment. When a child is forced to accept employment, the work must be commensurate with the child’s age and abilities, and the child must be compensated fairly for the work. The crime of parental or domestic abuse can still be committed, but forcing a child to take actions against their will is not automatic slavery.
(d) Slavery can often be inherent in the commission of other crimes. Armed robbery, where the victim is forced to hand over his wallet, is slavery. However, the concept of duration means the crime of slavery is not immediate, and occurs over time. The act of handing over one’s wallet is an immediate action that when completed, would end the crime. It is still a heinous crime, but it is not slavery. However, it would be slavery if a victim is forced to drive to find an ATM and withdraw money. Driving would take time,
(e) Slavery can often be inherent in the commission of other crimes. Armed robbery, where the victim is forced to hand over his wallet, can also be considered slavery. However, the concept of duration means the crime of slavery is not immediate, and occurs over time. The act of handing over one’s wallet is an immediate action that when completed, would end the crime. It is still a heinous crime, but it is not slavery. However, it would be committing the crime of slavery if a victim is forced to drive to find an ATM and withdraw money. Driving would take time, and there is no guarantee the crime would end after the withdrawal.
(f) Forced marriage is an act of slavery. Forced marriage can be identified when evidence of force or coercion before the marriage can be demonstrated.
(g) Conspiring through fraud or otherwise to entice someone into a situation where they become a slave is committing the crime of slavery.
(h) Knowingly transporting a current victim of slavery is committing the crime of slavery.
(i) Whoever violates this section shall be imprisoned for any term, or be sentenced to death if, after consideration of the factors set forth in 18 U.S. Code § 3592, and in the course of a hearing held pursuant to 18 U.S. Code § 3593, it is determined that imposition of a sentence of death is justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense.
These statutes can remain:
§1596. Additional jurisdiction in certain trafficking offenses
(a) In General.—In addition to any domestic or extra-territorial jurisdiction otherwise provided by law, the courts of the United States have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section 1581, if—
(1) an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)); or
(2) an alleged offender is present in the United States, irrespective of the nationality of the alleged offender.
(b) Limitation on Prosecutions of Offenses Prosecuted in Other Countries.—No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated.
(Added Pub. L. 110–457, title II, §223(a), Dec. 23, 2008, 122 Stat. 5071.)
§1597. Unlawful conduct with respect to immigration documents
(a) Destruction, Concealment, Removal, Confiscation, or Possession of Immigration Documents.—It shall be unlawful for any person to knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual—
(1) in the course of violating section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324);
(2) with intent to violate section 1351 of this title or section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); or
(3) in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.
(b) Penalty.—Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.
(c) Obstruction.—Any person who knowingly obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be subject to the penalties described in subsection (b).
(Added Pub. L. 113–4, title XII, §1211(c)(1), Mar. 7, 2013, 127 Stat. 142.)
