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Penal exception clause

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In the United States, the 13th Amendment to the United States Constitution prohibits slavery and involuntary servitude except as a punishment for a crime of which one has been convicted. In addition, . In the latter 2010s, a movement has evolved to repeal the exception clause from both the federal and state constitutions. Colorado became the first state to repeal the exception clause from their state's constitution in 2018. Current bills to repeal similar clauses have been filed in Utah and Nebraska.

List of amendments

Federal

State

  • Alabama: That no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Alabama Constitution, Section 32
  • Arkansas: There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime. No standing army shall be kept in time of peace; the military shall, at all times, be in strict subordination to the civil power; and no soldier shall be quartered in any house, or on any

premises, without the consent of the owner, in time of peace; nor in time of war, except in a manner prescribed by law. Arkansas Constitution, Article 2, Section 25.

  • Colorado: There shall never be in this state either slavery or involuntary servitude. Colorado Constitution Article 2, Section 26 (Amended 2018)
  • Georgia: There shall be no involuntary servitude within the State of Georgia except as a punishment for crime after legal conviction thereof or for contempt of court. Article I, Section 1 Paragraph XXII.
  • Indiana: There shall be neither slavery, nor involuntary servitude, within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. Article 1, Section 37
  • Kentucky: Slavery and involuntary servitude in this state are forbidden, except as a punishment of crimes, whereof the party shall have been duly convicted. Article I, Section 25
  • Minnesota: No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgement of his peers. There shall be neither slavery nor involuntary servitude in the state, otherwise than as punishment for a crime of which the party has been convicted. Article I, Section 2
  • Mississippi: There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. Article 3, Section 15
  • Nebraska: There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. Article I, Section 2
  • Nevada: Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. Article 1, Section 17.
  • North Dakota: Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. Article 1, Section 17
  • Oregon: There shall be neither slavery nor involuntary servitude in the State, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Article 1, Section 34
  • Tennessee: That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state. Article 1, Section 33
    • The General Assembly shall make no law recognizing the right of property in man. Article 1, Section 34
  • Utah: Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State. Article I, Section 21
  • Wisconsin: There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, of which the party shall have been duly convicted.