18 U.S.C. § 1589

Forced labor

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(a) Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means—(1) by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;(2) by means of serious harm or threats of serious harm to that person or another person;(3) by means of the abuse or threatened abuse of law or legal process; or(4) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint,shall be punished as provided under subsection (d).(b) Whoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services by any of the means described in subsection (a), knowing or in reckless disregard of the fact that the venture has engaged in the providing or obtaining of labor or services by any of such means, shall be punished as provided in subsection (d).(c) In this section:(1) The term “abuse or threatened abuse of law or legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.(2) The term “serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.(d) Whoever violates this section shall be fined under this title, imprisoned not more than 20 years, or both. If death results from a violation of this section, or if the violation includes kidnaping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title, imprisoned for any term of years or life, or both.(Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1486; amended Pub. L. 110–457, title II, § 222(b)(3), Dec. 23, 2008, 122 Stat. 5068.)Editorial NotesAmendments

2008—Pub. L. 110–457 amended section generally. Prior to amendment, section provided penalties for knowingly providing or obtaining forced labor.

Notes of Decisions
Cited in 470 cases (303 in the last 5 years), 2004–2026 · leading case: Paguirigan v. Prompt Nursing Emp't Agency LLC
Paguirigan v. Prompt Nursing Emp't Agency LLC (2017) nyed · cites it 17× “GERSHON, United States District Judge: *434 Plaintiff Rose Ann Paguirigan brings claims, on behalf of herself and others similarly situated, for violations of the Trafficking Victims Protection Act ("TVPA"), 18 U.S.C. §§ 1589 et seq. , 1 and declaratory judgment against…”
Elat v. Ngoubene (2014) mdd · cites it 17× “On October 13, 2011, Plaintiff filed an eighteen-count Complaint against her uncle, Frangois Ngoubene, her aunt, Marie Thérése Ngoubene, and her cousins, Caroline Ngoubene, Roxane Ngoubene, and Dany Ngoubene, as well as their brother, Collins Rene Ngoussomo, alleging, inter…”
Winfred Muchira v. Halah Al-Rawaf (2017) ca4 · cites it 11× “See 18 U.S.C. § 1589 . We affirm. I. A. Muchira is from a small village in Kenya.”
William Burrell, Jr. v. Tom Staff (2023) ca3 · cites it 13× “The SAC contends that conditioning plaintiffs’ access to work release—which would have enabled them to earn the money they needed to secure their freedom from incarceration—on completing a period of sub-minimum-wage, dangerous, and disgusting work at a private business amounted…”
Cesar Martinez-Rodriguez v. Curtis Giles (2022) ca9 · cites it 16× “See 18 U.S.C. §§ 1589 (a)(3), 1590(a). Plaintiffs therefore asserted triable causes of action under the civil suit provision of Chapter 77.”
United States v. Zhong (2022) ca2 · cites it 10× “§ 1594 (b); (2) forced labor, in violation of 18 U.S.C. § 1589 (a) and (b); (3) concealing passports and immigration documents in connection * The Clerk of Court is directed to amend the caption as set forth above.”
Bistline v. Parker (2019) ca10 · cites it 7× “Consequently, the district court concluded that “[t]his theory [wa]s not sufficient to state a claim under 18 U.S.C. § 1589 (a).” Id. at 839. The district court also rejected plaintiffs’ allegations “that Defendants engaged in a scheme, plan, or pattern intended to cause the…”
United States v. Jordie Callahan (2015) ca6 · cites it 9× “§ 371 ; forced labor, in violation of 18 U.S.C. §§ 1589 (a) and 2; and acquisition of a controlled substance by deception, in violation of 21 U.”
United States v. Marcus (2010) ca2 · cites it 8× “WESLEY, Circuit Judge: Defendant-Appellant was convicted following a jury trial on charges of violating the forced labor and sex trafficking provisions of the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. §§ 1589 , 1591. In an opinion dated August 14, 2008, this Court…”
Ross v. Jenkins (2018) ksd · cites it 7× “The federal claims include violations of the Trafficking Victims Protection Reauthorization Act ("TVPRA"), 18 U.S.C. §§ 1589 , 1590, and 1595, for human trafficking and forced labor; the Fair Labor Standards Act ("FLSA"), 29 U.”
Ditullio v. Boehm (2011) ca9 · cites it 8× “Appellant Miranda Ditullio alleges that she is one of the victims identified in Boehm's plea agreement and seeks compensatory and punitive damages under the Trafficking Victims Protection Act, 18 U.S.C. § 1589 et seq. (hereinafter "TVPA").”
Menocal v. GEO Grp., Inc. (2018) ca10 · cites it 4× “*910 This appeal addresses whether immigration detainees housed in a private contract detention facility in Aurora, Colorado (the "Aurora Facility") may bring claims as a class under (1) 18 U.S.C. § 1589 , a provision of the Trafficking Victims Protection Act (the "TVPA") that…”
— 18 U.S.C. § 1589(3) — 1 case
— 18 U.S.C. § 1589(a) — 5 cases
William Burrell, Jr. v. Tom Staff (2023) ca3 “The SAC contends that conditioning plaintiffs’ access to work release—which would have enabled them to earn the money they needed to secure their freedom from incarceration—on completing a period of sub-minimum-wage, dangerous, and disgusting work at a private business amounted…”
Doe v. Nestle, S.A. (2010) cacd
Sahebdin v. Khelawan (2022) nyed
— 18 U.S.C. § 1589(a)(2) — 1 case
— 18 U.S.C. § 1589(c)(2) — 1 case
Elat v. Ngoubene (2014) mdd “On October 13, 2011, Plaintiff filed an eighteen-count Complaint against her uncle, Frangois Ngoubene, her aunt, Marie Thérése Ngoubene, and her cousins, Caroline Ngoubene, Roxane Ngoubene, and Dany Ngoubene, as well as their brother, Collins Rene Ngoussomo, alleging, inter…”
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