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Federal statute against jailing for child support?



 
 
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  #1  
Old January 8th 05, 11:19 PM
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Default Federal statute against jailing for child support?

Several of us have seen cases where arguments of peonage/involuntary
servitude have been used as a "defense" in contempt matters relating to
child support, but as I was looking up some technical information on
the Department of Justice's website relating to Section 508 access to
websites, I came across the page outlined below.

Doesn't this read as if it would be applicable to child support (if not
current support, perhaps arrearages???

Comments?

http://www.usdoj.gov/crt/crim/1581fin.htm

INVOLUNTARY SERVITUDE AND PEONAGE
Involuntary Servitude

Summary:

Section 1584 of Title 18 makes it unlawful to hold a person in a
condition of slavery, that is, a condition of compulsory service or
labor against his/her will. A Section 1584 conviction requires that the
victim be held against his/her will by actual force, threats of force,
or threats of legal coercion. Section 1584 also prohibits compelling a
person to work against his/her will by creating a "climate of fear"
through the use of force, the threat of force, or the threat of legal
coercion [i.e., If you don't work, I'll call the immigration
officials.] which is sufficient to compel service against a person's
will.

The offense is punishable by a range of imprisonment up to a term of
ten years, depending upon the circumstances of the crime.

TITLE 18, U.S.C., SECTION 1584

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 10 years, or both.


Peonage
Summary:

Section 1581 of Title 18 makes it unlawful to hold a person in "debt
servitude," or peonage, which is closely related to involuntary
servitude. Section 1581 prohibits using force, the threat of force, or
the threat of legal coercion to compel a person to work against his/her
will. In addition, the victim's involuntary servitude must be tied to
the payment of a debt.
The offense is punishable by a range of imprisonment up to a term of
ten years, depending upon the circumstances of the crime.


TITLE 18, U.S.C., SECTION 1581

(a) Whoever holds or returns any person to a condition of peonage, or
arrests any person with the intent of placing him in or returning him
to a condition of peonage, shall be fined under this title or
imprisoned not more than 10 years, or both.


(b) Whoever obstructs, or attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
liable to the penalties prescribed in subsection (a).

  #2  
Old January 9th 05, 12:22 AM
Gini
external usenet poster
 
Posts: n/a
Default

In article . com,
says...

Several of us have seen cases where arguments of peonage/involuntary
servitude have been used as a "defense" in contempt matters relating to
child support, but as I was looking up some technical information on
the Department of Justice's website relating to Section 508 access to
websites, I came across the page outlined below.

Doesn't this read as if it would be applicable to child support (if not
current support, perhaps arrearages???

Comments?

=====
It should but doesn't. The state believes it has a compelling interest in the
"best interest of the child" which supercedes "individual" rights--which,
historically, have been relative anyway.
=====
=====

http://www.usdoj.gov/crt/crim/1581fin.htm

INVOLUNTARY SERVITUDE AND PEONAGE
Involuntary Servitude

Summary:

Section 1584 of Title 18 makes it unlawful to hold a person in a
condition of slavery, that is, a condition of compulsory service or
labor against his/her will. A Section 1584 conviction requires that the
victim be held against his/her will by actual force, threats of force,
or threats of legal coercion. Section 1584 also prohibits compelling a
person to work against his/her will by creating a "climate of fear"
through the use of force, the threat of force, or the threat of legal
coercion [i.e., If you don't work, I'll call the immigration
officials.] which is sufficient to compel service against a person's
will.

The offense is punishable by a range of imprisonment up to a term of
ten years, depending upon the circumstances of the crime.

TITLE 18, U.S.C., SECTION 1584

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 10 years, or both.


Peonage
Summary:

Section 1581 of Title 18 makes it unlawful to hold a person in "debt
servitude," or peonage, which is closely related to involuntary
servitude. Section 1581 prohibits using force, the threat of force, or
the threat of legal coercion to compel a person to work against his/her
will. In addition, the victim's involuntary servitude must be tied to
the payment of a debt.
The offense is punishable by a range of imprisonment up to a term of
ten years, depending upon the circumstances of the crime.


TITLE 18, U.S.C., SECTION 1581

(a) Whoever holds or returns any person to a condition of peonage, or
arrests any person with the intent of placing him in or returning him
to a condition of peonage, shall be fined under this title or
imprisoned not more than 10 years, or both.


(b) Whoever obstructs, or attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall be
liable to the penalties prescribed in subsection (a).


 




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