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FACT BRIEF

Is slavery still legal in Nevada for limited purposes?

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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The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.