Changes in federal sentencing for forced labor trafficking and for sex trafficking: a ten year assessment

Abstract

This research examines changes in the legalities of federal sentencing for forced labor trafficking offenses and for sex trafficking from 2001 to 2010. During this period Congress sought to increase substantially penalties imposed for these offenses. The research tracks Congressional directives and the United States Sentencing response via amendment changes. Increases in mandatory minimum penalties and extension of federal statues covered under the Federal Sentencing Guidelines § 2H4.1 Peonage, Involuntary, and Slave Trade, and under § 2G1.3 Promoting a Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Transportation of Minors to Engage in a Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct; Travel to Engage in Commercial Sex Act or Prohibited Sexual Conduct with a Minor; Sex Trafficking of Children; Use of Interstate Facilities to Transport Information about a Minor reflected Congressional directives that amounted to a “get tough” policy. Having traced changes in federal sentencing for these two offenses, the research conducts a descriptive analysis of length of imprisonment imposed, the final offense level, the defendant’s criminal history, guidelines departures, pretrial detention, route of case disposition, and defendant characteristics for the purpose of assessing potential links between the changes in federal sentencing and the process and outcome of actually sentencing practices.