22 U.S.C. § 7109 | Strengthening prosecution and punishment of traffickers

(a)

Omitted

(b)

Amendment to the Sentencing Guidelines

(1)

section 994 of title 28 29 U.S.C. 201 29 U.S.C. 1801 Pursuant to its authority under and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act [ et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [ et seq.].

(2)

In carrying out this subsection, the Sentencing Commission shall—

(A)

take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses;

(B)

consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and

(C)

consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that—

(i)

involve a large number of victims;

(ii)

involve a pattern of continued and flagrant violations;

(iii)

involve the use or threatened use of a dangerous weapon; or

(iv)

result in the death or bodily injury of any person.

(3)

The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

Pub. L. 106–386, div. A, § 112Oct. 28, 2000114 Stat. 1486(, , .)

Editorial Notes

References in Text

act June 25, 1938, ch. 676 52 Stat. 1060 section 201 of Title 29The Fair Labor Standards Act, referred to in subsec. (b)(1), probably means the Fair Labor Standards Act of 1938, , , which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see and Tables.

Pub. L. 97–470Jan. 14, 198396 Stat. 2584 section 1801 of Title 29The Migrant and Seasonal Agricultural Worker Protection Act, referred to in subsec. (b)(1), is , , , which is classified generally to chapter 20 (§ 1801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–182Dec. 7, 1987101 Stat. 1266 section 994 of Title 28 section 3551 of Title 18The Sentencing Act of 1987, referred to in subsec. (b)(3), is , , . Section 21(a) of the Act is set out as a note under , Judiciary and Judicial Procedure. For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under , Crimes and Criminal Procedure, and Tables.

Codification

section 112 of Pub. L. 106–386 section 112 of Pub. L. 106–386Section is comprised of . Subsec. (a) of enacted sections 1589 to 1594 of Title 18, Crimes and Criminal Procedure, and amended sections 1581, 1583, and 1584 of Title 18.