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The 13th Amendment explicitly legalises slavery as the punishment for a crime, and its used all the time.

And when we talk about slavery it's usually in the sense of racialized, bondage-from-birth slavery rather than penal labor.

The two are very different, and using the word 'slavery' to refer to both conflates meaning and disguises the important differences between the two.

I think the term you may be looking for is "Noncentral Fallacy"

Exactly. Thank you

Penal labor is coerced, unpaid labor which is by definition slavery.

What you're referring to is chattel slavery.