FACT BRIEF

Is slavery still legal in Nevada for limited purposes?

Friday, March 3, 2023

By Todd Butterworth

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YES

Article 1, Section 17 of the Nevada Constitution reads, “Neither Slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this State.” Therefore, slavery is technically still legal as a criminal punishment.

In 2021 and 2023, the Nevada Legislature unanimously passed AJR10, a resolution to remove this language from the constitution. The resolution will be on the November 2024 election ballot for a final vote of the people.

Involuntary servitude is forced labor without compensation. The resolution's sponsor said this is different from the temporary deprivation of liberties or the voluntary work programs that are part of the modern corrections system. For example, approximately one-third of California's firefighters are prisoners.

A principal motivation for Nevada’s becoming a state during the Civil War was that its new congressional delegation would vote for the 13th amendment to the U.S. Constitution banning slavery.

The 13th amendment also permits slavery and involuntary servitude "as a punishment for crime."

See a full discussion of this at The Nevada Independent

This fact brief is responsive to conversations such as this one.

Sources

Nevada Legislature AJR10* of the 81st (2021) Session Text

Ballotpedia Nevada to remove slavery as a punishment for crime

Nevada Legislature Committee minutes, March 23, 2021

History Admission of Nevada as the 36th state

History Does an Exception Clause in the 13th Amendment Still Permit Slavery?

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