| INVOLUNTARY
SERVITUDE & PEONAGE - a condition of compulsory service
or labor performed by one person, against his will, for the benefit of
another person due to force, threats, intimidation or other similar means
of coercion and compulsion directed against him.
In considering whether service or labor
was performed by someone against his will or involuntarily, it makes no
difference that the person may have initially agreed, voluntarily, to render
the service or perform the work. If a person willingly begins work but
later desires to withdraw and is then forced to remain and perform work
against his will, his service becomes involuntary. Also, whether a person
is paid a salary or a wage is not determinative of the question as to whether
that person has been held in involuntary servitude. In other words, if
a person is forced to labor against his will, his service is involuntary
even though he is paid for his work.
However, it is necessary to prove that
the person knowingly and willfully took action, by way of force, threats,
intimidation or other form of coercion, causing the victim to reasonably
believe that he had no way to avoid continued service, that he was confronted
by the existence of a superior and overpowering authority, constantly threatening
to the extent that his will was completely subjugated.
Title 18, U.S.C., Sec. 1584, makes it a
Federal crime or offense for anyone to willfully hold another person in
involuntary servitude.
A person can be found guilty of that offense
only if all of the following facts are proved beyond a reasonable doubt:
First: That the person held the victim
in a condition of 'involuntary servitude';
Second: That such holding was for a 'term,';
and
Third: That the person acted knowingly
and willfully.
It must be shown that a person held to
involuntary servitude was so held for a 'term.' It is not necessary, however,
that any specific period of time be proved so long as the 'term' of the
involuntary service was not wholly insubstantial or insignificant.
Title 18, U.S.C., Sec. 1581(a) is the peonage
law cited in the indictment.
The specific facts which must be proved
beyond a reasonable doubt in order to establish the offense of peonage
include each and all of the three specific factual elements constituting
involuntary servitude as previously stated and explained in these instructions,
plus a fourth specific fact; namely, that the involuntary servitude was
compelled by the person in order to satisfy a real or imagined debt regardless
of amount.
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