By FindLaw Staff | Legally reviewed by Evan Fisher, Esq. | Last reviewed December 13, 2021
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Slavery and human trafficking are activities many people would prefer to believe took place a long time ago. However, despite the Constitution's Thirteenth Amendment, which, amongst other things, made slavery illegal, people are still held against their will and forced into labor.
Modern human trafficking takes many forms and often involves sex work and other forms of physical labor. Vulnerable populations, such as minors, Native Americans, Native Alaskans, and undocumented immigrants are disproportionally impacted by human trafficking.
Federal statute defines forced labor, as known as human trafficking, as labor obtained from a person by means of coercion, harm, threats of harm, or harm/threat of harm to someone else. Importantly, a person who previously agreed to a job can still fall victim to human trafficking if the trafficker begins to obtain the worker's labor by any of the previously mentioned strategies. Some common forms of human trafficking include:
The prohibitions on slavery and human trafficking found in Chapter 77 of the U.S. Code are not the only federal laws relating to slavery and human trafficking, but they address slavery, involuntary servitude, forced labor, labor trafficking, and sex trafficking.
In addition to the criminal prohibitions found there, Congress also established the first-ever comprehensive legislation relating to trafficking victims and their protection in the Trafficking Victims Protection Act (TVPA) of 2000, which has led to human trafficking prosecutions in various labor environments like the tourism, hospitality, and domestic labor industries.
While the U.S. code section cited above makes human trafficking and related activities crimes, Chapter 78 provides for government agencies, funding, and procedures intended to prevent trafficking. It is important to note that this area of law continues to expand and develop. For example, the Congress added civil damages for victims to the TVPA in 2003, and then expanded extraterritorial jurisdiction in 2008. The TVPA was amended and reauthorized as recently as 2019.
Additional legislation includes the Preventing Sex Trafficking and Strengthening Families Act of 2014, which was aimed at reducing sex trafficking among youth in the foster care system, and the Justice for Victims of Trafficking Act of 2015, which strengthens services available for victims of human trafficking and establishes both criminal liability for buyers of commercial sex from victims of trafficking and a survivor-led U.S. Advisory Council on Human Trafficking.
In addition to outlawing human trafficking and slavery, the federal law also prohibits and punishes a number of acts associated with human trafficking. These include:
The details of the offense determine the punishment those convicted of these offenses may face.
The penalties for human trafficking are understandably severe. A conviction for holding a person in peonage carries potential fines and a maximum prison term of 20 years in a federal prison. If a death results from a violation or the violation included kidnapping, sexual abuse, or other aggravating factors, the maximum punishment increases to life imprisonment.
Sex trafficking of children, by fraud, force, or coercion carry enhanced penalties. Prison sentences for these offenses carry a potential life sentence and a minimum of 10 years in prison (or more, depending on the details of the offense).
The law also prohibits and punishes attempts and conspiracies relating to human trafficking. It also orders the forfeiture of any property used in violation of the law as well as any proceeds from the act. The law includes clauses for the mandatory payment of restitution to the victim for the full amount of their losses, as determined by the court. Additionally, victims of human trafficking can legally sue for damages, as per the TVPA.
Human trafficking charges are punished very severely and can include prison terms, fines, and restitution. A sophisticated legal defense can help you defend against these or other criminal charges. Contact an experienced, local criminal defense attorney today to learn how they can help plan your defense.
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