39-13-307 - Involuntary labor servitude Restitution. - Tennessee Statutes

39-13-307. Involuntary labor servitude Restitution.

(a)  A person commits the offense of involuntary labor servitude who knowingly subjects, or attempts to subject, another person to forced labor or services by:

     (1)  Causing or threatening to cause physical harm to the person;

     (2)  Physically restraining or threatening to physically restrain the person;

     (3)  Abusing or threatening to abuse the law or legal process;

     (4)  Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person; or

     (5)  Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person.

(b)  In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of:

     (1)  The gross income or value to the defendant of the victim's labor or services; or

     (2)  The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), compiled in 29 U.S.C. § 201 et seq., or the minimum wage required in this state, whichever is higher.

(c)  Nothing in this section shall be construed as prohibiting the defendant from also being prosecuted for the theft of the victim's labor or services by involuntary servitude or for any other appropriate criminal statute violated by the defendant's conduct.

(d)  (1)  Involuntary servitude is a Class C felony.

     (2)  Involuntary servitude is a Class B felony if:

          (A)  The violation resulted in the serious bodily injury or death of a victim;

          (B)  The period of time during which the victim was held in servitude exceeded one (1) year; or

          (C)  The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode.

[Acts 2008, ch. 1140, § 3.]