"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.
A bill to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.
This is a companion, with some revisions, to H.R. 3887, which the House passed in December. In addition to reauthorizing the federal government’s anti-human trafficking programs, it would create several new criminal offenses.
First, it would create an offense of “enticement into slavery” that includes kidnapping, enticement, persuasion, or inducement of a person “with the intent that he may be made or held as a slave, or sent out of the country to be so made or held.” Violations would be punishable by criminal fines and imprisonment of up to 20 years (life, in the case of the death of the victim or aggravated sexual abuse). Second, it would amend the offense of “sex trafficking of children” to remove the requirement that the perpetrator use “force, fraud, or coercion” for trafficking.
Third, it would create a criminal offense of “forced labor” that would cover obtaining the services of a person through threats of force, physical restraint, threatened abuse of legal processes, 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.” Violators, as well as those who knowingly benefit from violations or recklessly disregard that the service may have been coerced, would face criminal fines and imprisonment of up to 20 years (life, in the case of death, actual or attempted kidnapping, or aggravated sexual assault of the victim).
Fourth, the bill would create an offense of “benefitting (sic) from financial gain in peonage, slavery, and trafficking in persons” that would cover knowing benefit from the destruction of documents (such as passports) to further forced labor, and other trafficking-related activities. Violations would be punishable by criminal fines.
Fifth, the bill would create an offense of “sex tourism” that would prohibit the arrangement of travel in foreign commerce “for the purpose of engaging in any commercial sex act for which any person can be charged with an offense in the jurisdiction in which the commercial sex act occurs.” Violations would be punishable by criminal fines and imprisonment of up to 10 years.
Sixth and finally, the bill would modify several trafficking-related provisions to prohibit obstruction of their enforcement. Violations would be punishable by criminal fines and imprisonment of up to 20 years.
Biden (D - DE)
07/31/2008: Reported to Senate06/05/2008: Text Available05/22/2008: Introduced
"The Constitution," pledged George Washington, "is the guide which I will never abandon." Can we say the same today?The Heritage Guide to the Constitution, — Read more
On July 12, 1862, Abraham Lincoln spoke for the first time of his intention to free the slaves. On January 1, 1863, Lincoln signed — Read more
Money had long been an issue in American politics, going back at least to the time of President Andrew Jackson when Congress considered a bill — Read more
Last term, the Supreme Court addressed such hot button issues as the Obamacare contraception mandate, campaign finance reform, protests outside abortion clinics, unions, and legislative — Read more
The Constitution requires that the President “faithfully” execute the laws. What happens when the President fails in this duty? Time and again, President — Read more
John Locke believed that every person has an inalienable right to “life, liberty, and property.” The United States adopted the world’s first written constitution — Read more
In his new book, Fred Siegel rewrites the history of modern American liberalism. He posits that what we think of liberalism today began not — Read more
The United States has a long history of voter fraud that has been documented by historians and journalists. Such fraud can make the difference — Read more
Today, the question of the legal and moral status of corporations is more important than ever. Recent Supreme Court decisions in cases like Hobby — Read more
The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies is honored to host Judge Janice Rogers Brown as the seventh speaker of — Read more
The Heritage Foundation is the nation’s most broadly supported public policy research institute, with hundreds of thousands of individual, foundation and corporate donors. Heritage, founded in February 1973, has a staff of 275 and an annual expense budget of $82.4 million.
Our mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Read More
Receive updates from Heritage about current events and initiatives in your email inbox
Already Signed up?
© 2014, The Heritage Foundation Conservative policy research since 1973