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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). |
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