🔗 Penal exception clause – prohibits slavery, except as a punishment for a crime

In the United States, the 13th Amendment to the Constitution states the following:

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

This prohibits slavery and involuntary servitude, but leaves an exception for punishment for a crime of which one has been convicted. Various commentators have accused states of abusing this provision to re-establish systems similar to slavery, or of otherwise exploiting such labor in a manner unfair to local labor.

Starting in the late 2010s and extending into the mid-2020s, a movement emerged to repeal the exception clause from both the federal and state constitutions. As of February 2026, eight states had joined Rhode Island in repealing the exception clause from their state constitutions, while 26 states' constitutions make no mention of either slavery or involuntary servitude and 15 states retain an exception clause.