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Andrew J. KlineSpecial Litigation CounselHuman Trafficking Prosecution UnitCivil Rights DivisionU.S. Dept. of Justice: 

Andrew J. Kline Special Litigation Counsel Human Trafficking Prosecution Unit Civil Rights Division U.S. Dept. of Justice International Peace Operations Association U.S. Human Trafficking Offenses July 17, 2007

Overview: 

Overview Extraterritorial Jurisdiction Chapter 77 offenses (pre-TVPA) Chapter 77 offenses (TVPA)

Broad Extraterritorial Jurisdiction: 

Broad Extraterritorial Jurisdiction 18 U.S.C. 3271 (TVPRA 2005) provides for extraterritorial application of Chapter 77 offenses. (a) Whoever, while employed by or accompanying the Federal Government outside the United States, engages in conduct outside the United States that would constitute an offense under chapter 77 ... if the conduct had been engaged in within the United States ... shall be punished as provided for that offense. 18 U.S.C. § 3272(1)(A) defines the term 'employed by the Federal Government outside the United States' to mean: Civilian employee of the federal government Federal contractor (including a subcontractor at any tier) Employees of federal contractors 18 U.S.C. 3261 (MEJA) Military Extraterritorial Jurisdiction Act

Title 18, Chapter 77 Offenses: 

Title 18, Chapter 77 Offenses

Coercion Under §§ 1581-84: 

Coercion Under §§ 1581-84 '… use or threat of physical restraint or physical injury, or … use or threat of coercion through law or the legal process…' U.S. v. Kozminski, 487 U.S. 931, 952 (1988)

Coercion Under §§ 1581-84: 

Coercion Under §§ 1581-84 Summary: Force or restraint Threat of force or restraint or Threat of legal coercion § 1581: Peonage; Servitude Tied to Debt § 1583: Enticement Into Servitude § 1584: Involuntary Servitude

Legislative History of TVPA: 

Legislative History of TVPA 'provide … tools to combat severe forms of worker exploitation that do not rise to the level of involuntary servitude as defined in Kozminski …' Intended to address the increasingly subtle methods of traffickers harm to third persons restraint without violence threats by means other than overt violence physical and non-physical harms Banishment, starvation, bankruptcy -- H.R. Conf. Rep. No. 106-939 at 100-01 (2000), 2000 WL 1479163 (Oct. 5, 2000)

The Trafficking Victims Protection Act of 2000: 

The Trafficking Victims Protection Act of 2000 Criminalizes Broader Forms of Coercion Increases Criminal Penalties Requires Restitution Provides for Forfeiture Provides Victims Legal Status and Benefits

Forced Labor: Section 1589: 

Forced Labor: Section 1589 Providing or obtaining labor or services through: Threats of serious harm to or physical restraint against, that person or another person; OR Scheme, plan or pattern intended to instill fear of serious harm or physical restraint; or OR Abuse or threatened abuse of legal process 20 year offense

“Serious Harm”: 

'Serious Harm' Encompasses 'a broad array of harms … both physical and nonphysical' Consider 'individual circumstances of victims' to determine whether the 'type or … degree of coercion is sufficient' Legislative examples indicate broad reach

“Abuse of Legal Process”: 

'Abuse of Legal Process' Using process for improper purpose to compel someone Classic example: threat of deportation, perceived as risk of arrest, detention, and being returned home as a criminal

Sex Trafficking: § 1591: 

Sex Trafficking: § 1591 'Whoever knowingly… in or affecting interstate commerce … recruits, entices, harbors, transports, provides, or obtains by any means a person…' … for commercial sex acts through force, fraud, or coercion …

Sex Trafficking: § 1591 : 

Sex Trafficking: § 1591 Providing or obtaining persons for commercial sex acts through force, fraud, or coercion OR Providing or obtaining minors for commercial sex acts With minors, no separate proof of force, fraud, or coercion is needed If FFC or minor under 14 = 15-life 14-18 w/ no FFC = 10-life

Sex Trafficking: Broad Liability: 

Sex Trafficking: Broad Liability Engages in sex trafficking act: recruits, entices, harbors, transports, provides, or obtains a person for commercial sex act OR Benefits financially or by receiving thing of value from knowingly participating in a venture which has engaged in such acts

“Coercion” Under § 1591: 

'Coercion' Under § 1591 Defined in § 1591(c)(2) Includes all of § 1589’s prohibited means Force and fraud have ordinary meanings

“Sex Act”: 

'Sex Act' Probably Requires Physical Contact Cf. 18 U.S.C. § 2246 'sexual act' For 'exotic dancing' without sexual contact, use § 1584 or § 1589

“Commercial Sex Act” : 

'Commercial Sex Act' '…anything of value is given to or received by any person' Need not be the victim

Document Servitude: § 1592: 

Document Servitude: § 1592 Holding actual or purported identity documents in the course of committing, or with intent to commit, ANY trafficking crime 5-year maximum

Attempt: § 1594: 

Attempt: § 1594 Punishable as completed offense

Statutes of Limitations: 

Statutes of Limitations Effective January 5, 2006… Ch. 77 Offenses: 10 years (18 U.S.C. § 3298) Involving child physical or sexual abuse: andgt; of Life of Child or 10 years (18 U.S.C. § 3283)