18 USC § 1589 (Forced Labor) - Criminal Prosecution Statute of Limitations

Question

What is the statute of limitations for the government to prosecute 18 U.S.C. § 1589 on a criminal front.

Is it 5 years like all other felonies, or 10 years like the civil statute of limitations?

Answer 1

This is a federal criminal felony which is governed by 18 U.S.C. § 3282, which is a five year statute of limitations. None of the various exceptions to the five year rule applies.

"Forced labor" pursuant to 18 U.S.C. § 1589 would ordinarily be a continuing violation, so the statute of limitations would begin to run when the conduct ceases and not when it begins.

A different statute of limitations could apply when sexual assault against children, rather than only forced labor, is involved. Criminal prosecutions of sexual offenses against children have no statute of limitations. 18 U.S.C. § 3283 (the statute of limitations in that situation is any time while the victim is living, or for ten years after the offense is committed, whichever is longer).

Civil statutes of limitations apply to lawsuits seeking money damages, not to the prosecution of criminal charges. Prior to 2022, the civil statute of limitations for sexual abuse of a child was ten years (which starts to run when the victim turns age 18). But in 2022, the statute of limitations was eliminated for victims of child sexual abuse who had not turned age 28 by the effective date of the act. 18 U.S.C. § 2255.