Slavery and Human Trafficking Act
Sponsor: Angelina Acosta (CU)
Co-Sponsors: Leopoldo Agramonte (CU), David Lyons (IND), North Dajao (CU)
An act of the Senate of Fernão to make illegal the crimes of slavery, peonage, coercion into forced servitude, sale into forced servitude, transportation of slaves, forced labour, human trafficking, sex trafficking, the aiding, abetting or benefiting of/from such crimes and the obstruction of such crimes, and other purposes.
Section 1: Findings of the Senate
The Senate of Fernão finds that:
- it is absolutely necessary for any nation to have laws against slavery, peonage, human trafficking, and similar crimes.
- no law passed by the Senate of Fernão has, in any manner, prohibited or attempted the quell such crimes.
- no effort by any government institution has been made to aid those victims of crimes specifically related to slavery, peonage, human trafficking, and others.
- the Criminal Code of Fernão makes no provision regarding the matters of slavery, peonage, human trafficking, and similar crimes.
Section 2: Slavery
Whosoever
1) claims to own another human being without the consent of that human being for any reason and exercises supreme authority or control over that person by restricting their rights and freedoms without just cause;
2) aids or abets in the practice of owning another human being for any reason and exercises supreme authority or control over that person by restricting their rights and freedoms without just cause;
is guilty of slavery, a delict, and will receive life imprisonment or imprisonment for no more than thirty-five years.
Section 3: Peonage
Whosoever
1) captures another person or persons in order to render them in a state of peonage for unpaid debts of any kind or confines someone under the same conditions;
2) forcibly compels another person to work to pay of debts of any kind;
3) Attempts to render a person into a state of peonage for unpaid debts or aids and abets from such an enterprise;
is guilty of peonage, a delict, and will receive imprisonment for no more than fifteen years.
Section 4: Coercion into forced servitude
Whosoever
1) by any means kidnaps another person for the intent of selling them into involuntary servitude, transporting them to another person who will use that person to sell into involuntary servitude, or to keep as their own slave;
2) Coerces another human being into a location or agreement with the intent of selling them into involuntary servitude, transporting them to another person who will use that person to sell into involuntary servitude, or to keep as their own slave;
3) Offering the use of intoxicants or forcing the use of intoxicants with the intent of selling them into involuntary servitude, transporting them to another person who will use that person to sell into involuntary servitude, or to keep as their own slave;
is guilty of coercion into forced servitude, a delict, and will receive imprisonment for no more than fifteen years.
Section 5: Sale into forced servitude
Whosoever
1) by transaction of any kind transfers one slave from the bondage of himself unto another
2) attempts to, by transaction of any kind, transfer one slave from the bondage of himself unto another
is guilty of sale into forced servitude, a delict, and will receive imprisonment for no more than fifteen years.
Section 6: Transportation of slaves
Whosoever
1) knowingly transports or aids in the transporting of slaves from Fernão under any circumstance;
2) is found in possession of slaves on a vessel of any kind;
is guilty of transportation of slaves, a delict, and will receive imprisonment for no more than ten years.
Section 7: Forced labour
Whosoever using the services of a labourer:
1) uses force or threat of force against a person of labour;
2) in any way seriously causes bodily harm or attempts to cause bodily harm upon a person of labour;
3) is responsible for any method or plan to cause serious bodily harm or attempt to cause serious bodily harm to a person of labour;
4) is knowingly part of any scheme to cause serious bodily harm or attempt to cause serious bodily harm to a person of labour;
5) benefits knowingly from any scheme to cause cause serious bodily harm or attempt to cause serious bodily harm to a person of labour;
is guilty of forced labour, a delict, and will receive imprisonment for no more than fifteen years.
Section 8: Human Trafficking
Whosoever
1) forcibly transports a human being from one location to another;
2) receives any person of any kind knowingly obtained by methods of coercion into forced servitude, sale into forced servitude or transportation of slaves as defined by this act;
3) indulges in the recruitment, transportation, transfer, harbouring or receipt of persons for the explicit purpose of exploitation of persons for any purpose by use of force or threat of force;
is guilty of human trafficking, a delict, and will receive imprisonment for no more than twenty years.
Section 9: Sex Trafficking
Whosoever
1) commits human trafficking for the purpose of obtaining or soliciting sexual intercourse;
2) knowingly benefiting from the obtaining or soliciting sexual intercourse from human trafficking;
is guilty of sex trafficking, a delict, and will receive imprisonment for no more than twenty years if the person trafficked is under eighteen and life imprisonment if the person is under eighteen.
Section 10: Tampering and obstructing with an investigation into human trafficking and slavery-related crimes
Whosoever
1) destroys, confiscates, commits, expunges in any way, or possesses documents or evidence of human trafficking and related crimes under this act for the expressed purpose of tampering with an investigation into such crimes;
2) obstructs, or in any way, attempts to obstruct with an investigation into human trafficking and slavery-related crimes;
is guilty of tampering and obstructing with an investigation into human trafficking and slavery-related crimes and will receive imprisonment for no more than fifteen years.
Section 11: Property used for human trafficking or slavery-related crimes
Any property or asset
1) used for the purpose of slavery, peonage, coercion into forced servitude, sale into forced servitude, transportation of slaves, forced labour, human trafficking, sex trafficking, the aiding, abetting or benefiting of/from such crimes and the obstruction of such crimes;
2) that exists from any benefit, financial or otherwise, of slavery, peonage, coercion into forced servitude, sale into forced servitude, transportation of slaves, forced labour, human trafficking, sex trafficking, the aiding, abetting or benefiting of/from such crimes and the obstruction of such crimes;
may be seized and, when no longer required as evidence of a criminal act, disposed of by the Public Prosecutor's Office and the Department of Justice.
Section 12: Regarding jurisdiction
The Department of Justice's jurisdiction over the enforcement of this act or any criminal or civil suits regarding the matters of slavery, peonage, human trafficking, or sex trafficking are considered universal jurisdiction and shall extend to all persons of all nationalities within or without the territory of Fernão regardless of the origin of the victim(s).
Slavery and Human Trafficking Act
Sponsor: Angelina Acosta (CU)
Co-Sponsors: Leopoldo Agramonte (CU), David Lyons (IND), North Dajao (CU)
An act of the Senate of Fernão to make illegal the crimes of slavery, peonage, coercion into forced servitude, sale into forced servitude, transportation of slaves, forced labour, human trafficking, sex trafficking, the aiding, abetting or benefiting of/from such crimes and the obstruction of such crimes, and other purposes.
Section 1: Findings of the Senate
The Senate of Fernão finds that:
- it is absolutely necessary for any nation to have laws against slavery, peonage, human trafficking, and similar crimes.
- no law passed by the Senate of Fernão has, in any manner, prohibited or attempted the quell such crimes.
- no effort by any government institution has been made to aid those victims of crimes specifically related to slavery, peonage, human trafficking, and others.
- the Criminal Code of Fernão makes no provision regarding the matters of slavery, peonage, human trafficking, and similar crimes.
Section 2: Slavery
Whosoever
1) claims to own another human being without the consent of that human being for any reason and exercises supreme authority or control over that person by restricting their rights and freedoms without just cause;
2) aids or abets in the practice of owning another human being for any reason and exercises supreme authority or control over that person by restricting their rights and freedoms without just cause;
is guilty of slavery, a delict, and will receive life imprisonment or imprisonment for no more than thirty-five years.
Section 3: Peonage
Whosoever
1) captures another person or persons in order to render them in a state of peonage for unpaid debts of any kind or confines someone under the same conditions;
2) forcibly compels another person to work to pay of debts of any kind;
3) Attempts to render a person into a state of peonage for unpaid debts or aids and abets from such an enterprise;
is guilty of peonage, a delict, and will receive imprisonment for no more than fifteen years.
Section 4: Coercion into forced servitude
Whosoever
1) by any means kidnaps another person for the intent of selling them into involuntary servitude, transporting them to another person who will use that person to sell into involuntary servitude, or to keep as their own slave;
2) Coerces another human being into a location or agreement with the intent of selling them into involuntary servitude, transporting them to another person who will use that person to sell into involuntary servitude, or to keep as their own slave;
3) Offering the use of intoxicants or forcing the use of intoxicants with the intent of selling them into involuntary servitude, transporting them to another person who will use that person to sell into involuntary servitude, or to keep as their own slave;
is guilty of coercion into forced servitude, a delict, and will receive imprisonment for no more than fifteen years.
Section 5: Sale into forced servitude
Whosoever
1) by transaction of any kind transfers one slave from the bondage of himself unto another
2) attempts to, by transaction of any kind, transfer one slave from the bondage of himself unto another
is guilty of sale into forced servitude, a delict, and will receive imprisonment for no more than fifteen years.
Section 6: Transportation of slaves
Whosoever
1) knowingly transports or aids in the transporting of slaves from Fernão under any circumstance;
2) is found in possession of slaves on a vessel of any kind;
is guilty of transportation of slaves, a delict, and will receive imprisonment for no more than ten years.
Section 7: Forced labour
Whosoever using the services of a labourer:
1) uses force or threat of force against a person of labour;
2) in any way seriously causes bodily harm or attempts to cause bodily harm upon a person of labour;
3) is responsible for any method or plan to cause serious bodily harm or attempt to cause serious bodily harm to a person of labour;
4) is knowingly part of any scheme to cause serious bodily harm or attempt to cause serious bodily harm to a person of labour;
5) benefits knowingly from any scheme to cause cause serious bodily harm or attempt to cause serious bodily harm to a person of labour;
is guilty of forced labour, a delict, and will receive imprisonment for no more than fifteen years.
Section 8: Human Trafficking
Whosoever
1) forcibly transports a human being from one location to another;
2) receives any person of any kind knowingly obtained by methods of coercion into forced servitude, sale into forced servitude or transportation of slaves as defined by this act;
3) indulges in the recruitment, transportation, transfer, harbouring or receipt of persons for the explicit purpose of exploitation of persons for any purpose by use of force or threat of force;
is guilty of human trafficking, a delict, and will receive imprisonment for no more than twenty years.
Section 9: Sex Trafficking
Whosoever
1) commits human trafficking for the purpose of obtaining or soliciting sexual intercourse;
2) knowingly benefiting from the obtaining or soliciting sexual intercourse from human trafficking;
is guilty of sex trafficking, a delict, and will receive imprisonment for no more than twenty years if the person trafficked is under eighteen and life imprisonment if the person is under eighteen.
Section 10: Tampering and obstructing with an investigation into human trafficking and slavery-related crimes
Whosoever
1) destroys, confiscates, commits, expunges in any way, or possesses documents or evidence of human trafficking and related crimes under this act for the expressed purpose of tampering with an investigation into such crimes;
2) obstructs, or in any way, attempts to obstruct with an investigation into human trafficking and slavery-related crimes;
is guilty of tampering and obstructing with an investigation into human trafficking and slavery-related crimes and will receive imprisonment for no more than fifteen years.
Section 11: Property used for human trafficking or slavery-related crimes
Any property or asset
1) used for the purpose of slavery, peonage, coercion into forced servitude, sale into forced servitude, transportation of slaves, forced labour, human trafficking, sex trafficking, the aiding, abetting or benefiting of/from such crimes and the obstruction of such crimes;
2) that exists from any benefit, financial or otherwise, of slavery, peonage, coercion into forced servitude, sale into forced servitude, transportation of slaves, forced labour, human trafficking, sex trafficking, the aiding, abetting or benefiting of/from such crimes and the obstruction of such crimes;
may be seized and, when no longer required as evidence of a criminal act, disposed of by the Public Prosecutor's Office and the Department of Justice.
Section 12: Regarding jurisdiction
The Department of Justice's jurisdiction over the enforcement of this act or any criminal or civil suits regarding the matters of slavery, peonage, human trafficking, or sex trafficking are considered universal jurisdiction and shall extend to all persons of all nationalities within or without the territory of Fernão regardless of the origin of the victim(s).