12 2 STA T .5069PUBLIC LA W 110 –4 5 7—DE C.2 3, 200 8inorde r t oe x ert p re s s u re on a not h er person to c ause that person to ta k eso m e action or re f rain from takin g some action .‘ ‘ (2)T he term ‘serious harm ’ means an y harm ,w hether physica l or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasona b le person of the same background and in the same circumstances to perform or to continue performing labor or ser v ices in order to avoid incurring that harm. ‘‘(d) W hoever violates this section shall be fined under this title, imprisoned not more than 2 0 years, or both. I f death results from a violation of this section, or if the violation includes kid - naping, an attempt to kidnap, aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title, impris- oned for any term of years or life, or both.’’. ( 4 )T RAF F ICK I NG . —S ection 159 0 of such title is amended— ( A ) by striking ‘‘Whoever’’ and inserting the following
‘‘(a) Whoever’’
and ( B ) by adding at the end the following: ‘‘(b) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be sub j ect to the penalties under subsection (a).’’. (5) S EXT RAFFICKING O FC H I LD REN.—Section 1591 of such title is amended— (A) in subsection (a)— (i) in paragraph (1), by striking ‘‘or obtains’’ and inserting ‘‘obtains, or maintains’’; and (ii) in the matter following paragraph (2), by striking ‘‘that force, fraud, or coercion described in subsection (c)(2)’’ and inserting ‘‘, or in reckless dis- regard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means’’; (B) by redesignating subsection (c) as subsection (e); ( C ) in subsection (b)(1), by striking ‘‘force, fraud, or coercion’’ and inserting ‘‘means of force, threats of force, fraud, or coercion described in subsection (e)(2), or by any combination of such means,’’; ( D ) by inserting after subsection (b) the following: ‘‘(c) In a prosecution under subsection (a)(1) in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained, the G overnment need not prove that the defendant knew that the person had not attained the age of 1 8 years. ‘‘(d) Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be fined under this title, imprisoned for a term not to exceed 20 years, or both.’’; ( E ) in subsection (e), as redesignated— (i) by redesignating paragraph ( 3 ) as paragraph (5); (ii) by redesignating paragraph (1) as paragraph (3); (iii) by inserting before paragraph (2) the following: ‘‘(1) The term ‘abuse or threatened abuse of law or legal process’ means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any
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