18 U.S.C. § 1594

General provisions

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(a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section.(b) Whoever conspires with another to violate section 1581, 1583, 1589, 1590, or 1592 shall be punished in the same manner as a completed violation of such section.(c) Whoever conspires with another to violate section 1591 shall be fined under this title, imprisoned for any term of years or for life, or both.(d) The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person’s interest in any property, real or personal, that was involved in, used, or intended to be used to commit or to facilitate the commission of such violation, and any property traceable to such property; and(2) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation, or any property traceable to such property.(e)(1) The following shall be subject to forfeiture to the United States and no property right shall exist in them:(A) Any property, real or personal, involved in, used, or intended to be used to commit or to facilitate the commission of any violation of this chapter, and any property traceable to such property.(B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.(2) The provisions of chapter 46 of this title relating to civil forfeitures shall extend to any seizure or civil forfeiture under this subsection.(f)Transfer of Forfeited Assets.—(1)In general.—Notwithstanding any other provision of law, the Attorney General shall transfer assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, to satisfy victim restitution orders arising from violations of this chapter.(2)Priority.—Transfers pursuant to paragraph (1) shall have priority over any other claims to the assets or their proceeds.(3)Use of nonforfeited assets.—Transfers pursuant to paragraph (1) shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of a restitution order through the use of non-forfeited assets or to reimburse the Attorney General for the value of assets or proceeds transferred under this subsection through the use of nonforfeited assets.(g)Witness Protection.—Any violation of this chapter shall be considered an organized criminal activity or other serious offense for the purposes of application of chapter 224 (relating to witness protection).(Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1489; amended Pub. L. 110–457, title II, § 222(c), Dec. 23, 2008, 122 Stat. 5070; Pub. L. 114–22, title I, § 105(a), May 29, 2015, 129 Stat. 236.)Editorial NotesAmendments

2015—Subsec. (d)(1). Pub. L. 114–22, § 105(a)(1)(A), substituted “that was involved in, used, or” for “that was used or” and inserted “, and any property traceable to such property” after “such violation”.

Subsec. (d)(2). Pub. L. 114–22, § 105(a)(1)(B), inserted “, or any property traceable to such property” after “such violation”.

Subsec. (e)(1)(A). Pub. L. 114–22, § 105(a)(2), substituted “involved in, used, or” for “used or” and inserted “, and any property traceable to such property” after “any violation of this chapter”.

Subsecs. (f), (g). Pub. L. 114–22, § 105(a)(3), (4), added subsec. (f) and redesignated former subsec. (f) as (g).

2008—Subsecs. (b) to (f). Pub. L. 110–457 added subsecs. (b) and (c) and redesignated former subsecs. (b) to (d) as (d) to (f), respectively.

Notes of Decisions
Cited in 237 cases (125 in the last 5 years), 2006–2026 · leading case: Paguirigan v. Prompt Nursing Emp't Agency LLC, 286 F. Supp. 3d 430 (E.D.N.Y 2017).
Paguirigan v. Prompt Nursing Emp't Agency LLC, 286 F. Supp. 3d 430 (E.D.N.Y 2017). · cites it 7× “§ 1589 (forced labor) 4 ; (2) violation of the TVPA § 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor); (3) conspiracy to violate the TVPA, 18 U.S.C. § 1594 (b) ; (4) attempt to violate the TVPA, 18 U.”
United States v. Jamiell Sims, 957 F.3d 362 (3rd Cir. 2020). · cites it 5× “This appeal presents a legal question arising under the United States Sentencing Guidelines: What is the base offense level for conspiracy to commit sex trafficking by force, fraud, or coercion in violation of 18 U.S.C. § 1594 (c)? We hold that level 34 applies.”
United States v. James Mozie, 752 F.3d 1271 (11th Cir. 2014). · cites it 3× “Procedural History In September 2011 a grand jury returned a third superseding indictment against Mozie, which charged him with one count of conspiring to commit child sex trafficking in violation of 18 U.S.C. § 1594 (c), eight counts of child sex trafficking in violation of 18…”
United States v. Zhong, 26 F.4th 536 (2d Cir. 2022). · cites it 2× “Dan Zhong appeals his conviction, after a jury trial, on five counts: (1) forced-labor conspiracy in violation of 18 U.S.C. § 1594 (b); (2) forced labor, in violation of 18 U.”
United States v. Wei Lin, 841 F.3d 823 (9th Cir. 2016). · cites it 4× “OPINION FARRIS, Senior Circuit Judge: Defendant Wei Lin was charged with conspiracy to commit sex trafficking, in violation of 18 U.S.C. § 1594 (c), and several counts of sex trafficking, in violation of 18 U.”
United States v. Brinson, 772 F.3d 1314 (10th Cir. 2014). · cites it 2× “Brinson guilty of Attempted Sex Trafficking of Children under 18 U.S.C. § 1594 (a). This finding was also supported by the evi: dence.”
United States v. Overton, 24 F.4th 870 (2d Cir. 2022). · cites it 2× “On appeal, Overton argues that the district court erred in denying his motion to withdraw his guilty plea, which was entered pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C). Specifically, Overton asserts that because the court had only “provisionally” accepted his…”
United States v. Johnelle Bell, 761 F.3d 900 (8th Cir. 2014). · cites it 2× “Bell was charged with one count of conspiracy to commit sex trafficking, in violation of 18 U.S.C. §§ 1594 (c) and 1591(a). Bell was also charged with two counts of sex trafficking, in violation of 18 U.”
United States v. Mark Carter, II, 960 F.3d 1007 (8th Cir. 2020). · cites it 2× “§ 2421 , and conspiracy to engage in sex trafficking by force, fraud, or coercion, 18 U.S.C. § 1594 (c). The indictment described the conspiracy as one “to cause ‘Victim 4’ to engage in a commercial sex act, in violation of 18 U.”
Stein v. World-Wide Plumbing Supply Inc., 71 F. Supp. 3d 320 (E.D.N.Y 2014). · cites it 4× “§ 1593A, attempted violation of prohibitions on peonage, enticement into slavery and forced labor under 18 U.S.C. § 1594 (a), and conspiracy to violate prohibitions on peonage, enticement into slavery and forced labor under 18 U.”
United States v. Terrell Banker, 876 F.3d 530 (4th Cir. 2017). · cites it 2× “AGEE, Circuit Judge: Terrell Banker appeals his convictions for conspiracy to engage in sex trafficking of a minor, in violation of 18 U.S.C. § 1594 ; sex trafficking of a minor,-in violation of 18 U.”
United States v. David Pennington, 78 F.4th 955 (6th Cir. 2023). · cites it 4× “While facing charges for violating 18 U.S.C. § 1594 (c), Defendant David Pennington improperly communicated with witnesses in No.”
— 18 U.S.C. § 1594(c) — 1 case
Williams v. United States (E.D. Wis. 2022).
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