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PC 181 Slavery involuntary servitude / sale of person and sale of slaves

PC 181 Slavery involuntary servitude / sale of person and sale of slaves

Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership over any person, or who sells, or attempts to sell and person to another, or receives money or anything of value, in consideration of placing any person in the custody, or under the power or control of another, or who buys, or attempts to buy, any person, or pays money, or delivers anything of value, to another, in consideration of having any person placed in his or her custody, or under his or her power or control, or who knowingly aids or assists in any manner any one thus offending, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

What are the elements of PC 181?

1. Defendant held or attempted to hold Victim in involuntary servitude.

OR

2. Defendant assumed or attempted to assume, rights of ownership over Victim.

OR

3. Defendant sold or attempted to sell Victim to another, or received money or anything of value, in consideration of placing Victim in the custody or under the control of another.

OR

4. Defendant bought or attempted to buy Victim or paid money or delivered anything of value, to another in consideration of having Victim placed in his custody or under his power or control.

OR

5. Defendant knowingly aided or assisted in any manner any one of the above mentioned acts.

Will I go to Prison if I'm convicted of PC 181?

It is possible, as the sentencing triad is 2, 3, 4 years in prison, which may be served local under the provisions of 1170(h).  However, there is a possibility of probation, which may or may not include up to one year of local county jail being served.

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