Amaros
Posts: 1363
Joined: 7/25/2005 Status: offline
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Here ya go, the Thirteenth ammendment: Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have the power to enforce this article by appropriate legislation. Says "slavery" right there. Now, here is model legislation concerning human trafficking - "model" meaning guidelines drawn up for states to model state legislation on, in compliance with federal statutes. SEC. XXX.01. DEFINITIONS. In this Article: (1) “Blackmail” is to be given its ordinary meaning as defined by [state blackmail statute, if any] and includes but is not limited to a threat to expose any secret tending to subject any person to hatred, contempt, or ridicule. (2) “Commercial sexual activity” means any sex act on account of which anything of value is given, promised to, or received by any person. (3) “Financial harm” includes credit extortion as defined by [state extortion statute, if any] , criminal violation of the usury laws as defined by [state statutes defining usury], or employment contracts that violate the Statute of Frauds as defined by [state statute of frauds]. (4) "Forced labor or services" means labor, as defined in paragraph (5), infra, or services, as defined in paragraph (8), infra, that are performed or provided by another person and are obtained or maintained through an actor's: (A) causing or threatening to cause serious harm to any person; (B) physically restraining or threatening to physically restrain another person; (C) abusing or threatening to abuse the law or legal process; (D) knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; (E) blackmail; or (F) causing or threatening to cause financial harm to [using financial control over] 1 any person. (5) “Labor” means work of economic or financial value. (6) “Maintain” means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service. (7) “Obtain” means, in relation to labor or services, to secure performance thereof. (8) "Services" means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of “services” under this Section. Nothing in this provision should be construed to legitimize or legalize prostitution. (9) “Sexually-explicit performance” means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. (10) “Trafficking victim” means a person subjected to the practices set forth in Sections XXX.02(1) (involuntary servitude) or XXX.02(2) (sexual servitude of a minor), or transported in violation of Section XXX.02(3) (trafficking of persons for forced labor or services). The word "slavery" is not mentioned at all, much like the fact that the word "privacy" does not occur in the Fourth ammendment, instead it is explicitly defined in terms of actions, freedom from illegal search and seizure, due process, etc. Interestingly, the term "peonage" occurs in the US code, and I think you're on safe ground there, I've never heard anybody in the BDSM community call themselves a "peon" - doesn't have quite the same cachet, "peed on", maybe - anyway, again, the word slavery doesn't occur, there is a definition instead: Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
18 U.S.C. § 1581 So, "a condition of involutary servitude" is pretty much the legal defintion, I'm merely pointing out that use of the term "slave" amongst the uninitiated may well result in significant confusion, otherwise, knock youself out.
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