It is a crime under federal law for you to knowingly provide or obtain the labor or services of a person using force, threats of force, physical restraint, or fraud. The offense is commonly referred to as “forced labor.” Forced labor is a serious crime in the U.S. and it can carry a penalty of up to 20 years in federal prison. Please contact a skilled criminal defense attorney now if you are facing charges of any type of federal crimes.
How Does Federal Law Define the Crime of “Forced Labor”?
18 USC 1589 is the federal statute that sets forth the crime of forced labor. According to this law, you are guilty of a crime if you knowingly provide or obtain the labor or services of a person by means of:
- Force, threats of force, physical restraint, or threats of physical restraint,
- Serious harm or threats of serious harm,
- The abuse or threatened abuse of law or legal process, or
- 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.
The most obvious example of a forced labor situation is when a worker is threatened with some type of physical harm to themselves or their loved ones if they do not work.
What are the Penalties?
The crime of forced labor is punishable by:
- Up to 20 years in federal prison, and/or
- Fines totaling up to $250,000.
Please note that certain aggravating circumstances may cause the maximum sentence to be significantly increased. Examples of aggravating circumstances are if a person committed forced labor and either kidnapped the “victim,” or sexually abused the “victim.”
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an unlawful possession charge with a legal defense. A common defense is for you to show that the alleged “victim” consented to a legal working situation or relationship. You can also assert that you were arrested only after being entrapped.
Entrapment is a defense often raised when an accused is charged following an undercover police sting. The defense says that you only committed a crime because a police officer lured you into doing so. It is an acceptable defense provided that you show that you only made a false statement because of the entrapment.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge an unlawful possession charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various criminal charges under federal law. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
* Main image at top by freepik