18 U.S.C. § 1581

Peonage; obstructing enforcement

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(a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.(b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a).(June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–208, div. C, title II, § 218(a), Sept. 30, 1996, 110 Stat. 3009–573; Pub. L. 106–386, div. A, § 112(a)(1), Oct. 28, 2000, 114 Stat. 1486.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 444, 445 (Mar. 4, 1909, ch. 321, §§ 269, 270, 35 Stat. 1142).

Section consolidates sections 444 and 445 of said title 18, U.S.C., 1940 ed., with changes in phraseology to amplify and clarify their provisions.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

Editorial NotesAmendments

2000—Subsec. (a). Pub. L. 106–386 substituted “20 years” for “10 years” and inserted at end “If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.”

1996—Subsec. (a). Pub. L. 104–208 substituted “10 years” for “five years”.

1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Pub. L. 104–208, div. C, title II, § 218(d), Sept. 30, 1996, 110 Stat. 3009–574, provided that: “This section [amending this section and sections 1583, 1584, and 1588 of this title and enacting provisions set out as notes under section 994 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this section shall apply with respect to offenses occurring on or after the date of the enactment of this Act [Sept. 30, 1996].”

Notes of Decisions

Cited in 153 cases (79 in the last 5 years), 1949–2026 · leading case: Hunt v. Moore Bros., Inc., 861 F.3d 655 (7th Cir. 2017).

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Hunt v. Moore Bros., Inc., 861 F.3d 655 (7th Cir. 2017). · cites it 2× “The complaint was notable only for its breadth: it accused Moore of holding Hunt in peonage in violation of 18 U.S.C. § 1581 (a criminal statute), and of violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.”

City of Memphis v. Greene, 451 U.S. 100 (1981). · cites it 2× “4, 8 ; and 18 U. S. C. § 1581 , which provides for criminal punishment of those who impose conditions of peonage on any person, see Clyatt v.”

Turner v. Unification Church, 473 F. Supp. 367 (D.R.I. 1978). · cites it 4× “Third, the plaintiff wishes this Court to imply civil causes of action from federal criminal statutes forbidding peonage ( 18 U.S.C. § 1581 ), involuntary servitude ( 18 U.”

Samirah v. Sabhnani, 772 F. Supp. 2d 437 (E.D.N.Y 2011). · cites it 5× “§ 1324 (a)(l)(A)(iii), holding a person in a condition of peonage in violation of 18 U.S.C. § 1581 (a), and document servitude in violation of 18 U.”

United States v. Mussry, 726 F.2d 1448 (9th Cir. 1984). · cites it 9× “It concluded that those counts failed to sufficiently charge the defendants with a “holding” in involuntary servitude under 18 U.S.C. §§ 1581 ,1583, and 1584 (1982) because they failed to allege that the defendants used or threatened to use law or force.”

United States v. Tony Booker, United States of Am. v. J. D. Rollins, 655 F.2d 562 (4th Cir. 1981). · cites it 3× “2 The few reported cases that discuss this statute and the related provisions of 18 U.S.C. §§ 1581 and 1584 have confirmed this view.”

Keo Ratha v. Phatthana Seafood Co., Ltd., 35 F.4th 1159 (9th Cir. 2022). “B In their complaint, Plaintiffs alleged that they were the victims of peonage, forced labor, involuntary servitude, and human trafficking, in violation of 18 U.S.C. §§ 1581 , 1584, 1589, 1590, 1592, and 1593A, and they sought damages under § 1595, the civil remedy provision of…”

Flood v. Kuhn, 407 U.S. 258 (1972). · cites it 2× “§ 1994 , 18 U. S. C. § 1581 , and 29 U. S. C. §§ 102 and 103.”

United States v. Servando Alvarado-Casas, 715 F.3d 945 (5th Cir. 2013). “§ 1389 (a); 18 U.S.C. § 1581 (a); 18 U.S.C. § 1584 (a); 18 U.”

Lipenga v. Kambalame, 219 F. Supp. 3d 517 (D. Maryland 2016). “Victims of human trafficking have a civil cause of action against the perpetrator in district courts of the United States, and may recover damages and reasonable attorney’s fees.”

Sarah Roe v. Linda Howard, 917 F.3d 229 (4th Cir. 2019). “AFFIRMED The TVPA is generally codified at 18 U.S.C. § 1581 et seq . To avoid confusion, we generally refer to Linda Howard and Russell Howard by their first names, that is, simply as Linda and Russell.”

United States v. Alstatt, 858 F. Supp. 2d 1032 (D. Neb. 2012). · cites it 6× “Noy Vilay in violation of 18 U.S.C. §§ 1581 , 1590, and 1592(a); in Count II with trafficking with respect to peonage against Ae Xaypayna and aiding and abetting each other in violation of 18 U.”

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