§ 7109. Strengthening prosecution and punishment of traffickers

526 words·~2 min read·/usc/title-22/section-7109

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(a)Omitted

(b)Amendment to the Sentencing Guidelines

(1)Pursuant to its authority under section 994 of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act [29 U.S.C. 201 et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [29 U.S.C. 1801 et seq.].

(2)In carrying out this subsection, the Sentencing Commission shall—

(A)take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph

(1)of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses;

(B)consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and

(C)consider providing sentencing enhancements for those convicted of the offenses described in paragraph

(1)of this subsection that—

(i)involve a large number of victims;

(ii)involve a pattern of continued and flagrant violations;

(iii)involve the use or threatened use of a dangerous weapon; or

(iv)result in the death or bodily injury of any person.

(3)The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

(Pub. L. 106–386, div. A, § 112, Oct. 28, 2000, 114 Stat. 1486.)

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