This Article is the first comprehensive study that examines the cases decided in accordance with the TVPA. An initial reading of court decisions suggests a significant expansion of criminal liability and a broad interpretation of the offenses that were recognized for the first time to punish those who commit the act of trafficking in persons. After discussing the categorization of the crime of trafficking in persons as a contemporary form of slavery that subjects a victim of trafficking to exploitation, the Article explores how courts define the various elements of the crime of trafficking in persons, including a commercial sex act of prostitution or pornography as a purpose of trafficking, the meaning of forced labor or services as the other purpose of trafficking, serious harm and how it was recently broadened to include nonphysical types of harm, threats of deportation as a form of abuse of the legal process, and when threats of deportation amount to involuntary servitude as well as indebtedness as the basis for the offense of peonage.
This Article is the first comprehensive study that examines the cases decided in accordance with the TVPA. An initial reading of court decisions suggests a significant expansion of criminal liability and a broad interpretation of the offenses that were recognized for the first time to punish those who commit the act of trafficking in persons. After discussing the categorization of the crime of trafficking in persons as a contemporary form of slavery that subjects a victim of trafficking to exploitation, the Article explores how courts define the various elements of the crime of trafficking in persons, including a commercial sex act of prostitution or pornography as a purpose of trafficking, the meaning of forced labor or services as the other purpose of trafficking, serious harm and how it was recently broadened to include nonphysical types of harm, threats of deportation as a form of abuse of the legal process, and when threats of deportation amount to involuntary servitude as well as indebtedness as the basis for the offense of peonage.