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Emphasis on certain components mine, but no modification to the definition has been made.
A condition of compulsory service or labor performed by one person, against his will, for the benefit of another person due to force, threats, intimidation or other similar means of coercion and compulsion directed against him.
In considering whether service or labor was performed by someone against his will or involuntarily, it makes no difference that the person may have initially agreed, voluntarily, to render the service or perform the work. If a person willingly begins work but later desires to withdraw and is then forced to remain and perform work against his will, his service becomes involuntary. Also, whether a person is paid a salary or a wage is not determinative of the question as to whether that person has been held in involuntary servitude. In other words, if a person is forced to labor against his will, his service is involuntary even though he is paid for his work.
However, it is necessary to prove that the person knowingly and willfully took action, by way of force, threats, intimidation or other form of coercion, causing the victim to reasonably believe that he had no way to avoid continued service, that he was confronted by the existence of a superior and overpowering authority, constantly threatening to the extent that his will was completely subjugated.
Title 18, U.S.C., Sec. 1584, makes it a Federal crime or offense for anyone to willfully hold another person in involuntary servitude.
A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:
First: That the person held the victim in a condition of 'involuntary servitude';
Second: That such holding was for a 'term,'; and
Third: That the person acted knowingly and willfully.
It must be shown that a person held to involuntary servitude was so held for a 'term.' It is not necessary, however, that any specific period of time be proved so long as the 'term' of the involuntary service was not wholly insubstantial or insignificant.
Title 18, U.S.C., Sec. 1581(a) is the peonage law cited in the indictment.
The specific facts which must be proved beyond a reasonable doubt in order to establish the offense of peonage include each and all of the three specific factual elements constituting involuntary servitude as previously stated and explained in these instructions, plus a fourth specific fact; namely, that the involuntary servitude was compelled by the person in order to satisfy a real or imagined debt regardless of amount.
Originally posted by saltheart foamfollower
Also, since indentured servitude is still legal in the US of A, slavery is STILL NOT abolished.
Originally posted by saltheart foamfollower
What, you do not like FLAMBOYANT rhetoric?
I keep the flamboyance because it gives FLAIR. Wink wink, say no more, say no more. LOL
Why are your posts like pun?
A pun is a shift of wit and your posts are a wift of........-------.
Originally posted by kinda kurious
Originally posted by saltheart foamfollower
What, you do not like FLAMBOYANT rhetoric?
Me? Everyone knows I love flamboyance.
[atsimg]http://files.abovetopsecret.com/images/member/5f7396b5c490.jpg[/atsimg]
Oh my god, I made a pee pee all over mi heels
#1
Originally posted by kinda kurious
reply to post by saltheart foamfollower
Noooooooooo!
I'm not worthy.
-CITE-
18 USC CHAPTER 77 - PEONAGE AND SLAVERY 01/06/03
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE AND SLAVERY
.
-HEAD-
CHAPTER 77 - PEONAGE AND SLAVERY
-MISC1-
Sec.
1581. Peonage; obstructing enforcement.
1582. Vessels for slave trade.
1583. Enticement into slavery.
1584. Sale into involuntary servitude.
1585. Seizure, detention, transportation or sale of slaves.
1586. Service on vessels in slave trade.
1587. Possession of slaves aboard vessel.
1588. Transportation of slaves from United States.
1589. Forced labor.
1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor.
1591. Sex trafficking of children or by force, fraud, or coercion.
1592. Unlawful conduct with respect to documents in furtherance of
trafficking, peonage, slavery, involuntary servitude, or forced
labor.
1593. Mandatory restitution.
1594. General provisions.
Originally posted by SLAYER69
ETA: Keep editing your above replies, It's no sweat off of my pair.
edit on 1-2-2011 by SLAYER69 because: (no reason given)
Originally posted by clay2 baraka
reply to post by saltheart foamfollower
OK, I'll bite.
Indentured servitude not slavery, is only legal in the States when applied by the Government, to criminals. Whee. Criminals lose many rights after conviction, such as the right to vote.
I am pretty sure this thread was dealing specifically with the subject of slavery. You are throwing the straw man of "indentured servitude" in to prove a tangential point.
Originally posted by SLAYER69
ETA: Keep editing your above replies, It's no sweat off of my pair.
edit on 1-2-2011 by SLAYER69 because: (no reason given)