Peonage, Involuntary Servitude, and Slave Trade - Offenses Involving Individual Rights
|November 1, 2005||GUIDELINES MANUAL||§2H4.1|
* * * * * 4. PEONAGE, INVOLUNTARY SERVITUDE, AND SLAVE TRADE
§2H4.1. Peonage, Involuntary Servitude, and Slave Trade
(a) Base Offense Level (Apply the greater):
(1) 22; or
(2) 18, if the defendant was convicted of an offense under 18 U.S.C. § 1592.
(b) Specific Offense Characteristics
(1) (A) If any victim sustained permanent or life-threatening bodily injury, increase by 4 levels; or (B) if any victim sustained serious bodily injury, increase by 2 levels.
(2) If (A) a dangerous weapon was used, increase by 4 levels; or (B) a dangerous weapon was brandished, or the use of a dangerous weapon was threatened, increase by 2 levels.
(3) If any victim was held in a condition of peonage or involuntary servitude for (A) more than one year, increase by 3 levels; (B) between 180 days and one year, increase by 2 levels; or (C) more than 30 days but less than 180 days, increase by 1 level.
(4) If any other felony offense was committed during the commission of, or in connection with, the peonage or involuntary servitude offense, increase to the greater of:
(A) 2 plus the offense level as determined above, or
(B) 2 plus the offense level from the offense guideline applicable to that other offense, but in no event greater than level 43.
Statutory Provisions: 18 U.S.C. §§ 241, 1581-1590, 1592.
1. For purposes of this guideline—
"A dangerous weapon was used" means that a firearm was discharged, or that a firearm or other dangerous weapon was otherwise used. "The use of a dangerous weapon was threatened" means that the use of a dangerous weapon was threatened regardless of whether a dangerous weapon was present.
– 213 –