Mann Act Prosecutions Under Federal Law
Mann Act Prosecutions Under Federal Law – Overview
What is the Mann Act?
The Mann Act, also known as the White-Slave Traffic Act, was enacted in 1910 to combat human trafficking for prostitution and immoral purposes. The core provision makes it a federal crime to transport any person across state lines for prostitution, debauchery, or any other immoral purpose.
18 U.S.C. § 2421:
Prohibits transporting any individual in interstate or foreign commerce with intent that the individual engage in prostitution or any sexual activity for which any person can be charged with a criminal offense.
The Act applies primarily to interstate or international transport.
Purpose and Use
Originally aimed at combating forced prostitution and sex trafficking, the Mann Act has been applied more broadly over time to prosecute a range of sexual offenses, sometimes controversially.
Key Case Law Examples
Case 1: Caminetti v. United States (1917)
Facts:
Two men transported women across state lines for consensual extramarital sex, not prostitution.
Issue:
Whether the Mann Act applied only to commercial prostitution or also to “immoral purposes” including consensual non-commercial sexual conduct.
Outcome:
Supreme Court ruled the Act’s scope includes any immoral purpose, not just prostitution.
Significance:
Established a broad interpretation, allowing prosecution for transporting individuals for consensual sexual relations deemed “immoral.”
Case 2: United States v. Bitty (1942)
Facts:
Defendant transported a woman interstate to engage in prostitution.
Charges:
Violation of the Mann Act.
Outcome:
Convicted; upheld on appeal.
Significance:
Reaffirmed the core prohibition on transporting persons for prostitution.
Case 3: United States v. Hickey (1965)
Facts:
Defendant transported a minor across state lines for sexual activity.
Charges:
Violation of the Mann Act.
Outcome:
Conviction upheld; minor’s age was a key aggravating factor.
Significance:
Showed enhanced penalties and seriousness where minors are involved.
Case 4: United States v. Flanagan (2007)
Facts:
Defendant transported women for forced prostitution and sex trafficking.
Charges:
Mann Act violations, sex trafficking, conspiracy.
Outcome:
Convicted; sentenced to 20 years.
Significance:
Example of Mann Act used in modern human trafficking prosecutions involving coercion.
Case 5: United States v. Lopez (2013)
Facts:
Lopez was charged with transporting a woman across state lines for prostitution.
Defense:
Argued the transport was consensual and not for prostitution.
Outcome:
Conviction upheld because the government proved intent.
Significance:
Demonstrated importance of proving intent to engage in prostitution or illegal sexual activity.
Case 6: United States v. Bowman (1996)
Facts:
Defendant transported a female companion across state lines for consensual sexual activity but argued no prostitution or criminal conduct was involved.
Outcome:
Court ruled that transportation for “any other immoral purpose” under the Mann Act includes consensual sexual activity outside marriage.
Significance:
Reinforced broad scope of Mann Act beyond commercial sex.
Legal Principles
Interstate Transport Required:
The Act only applies when crossing state or national borders.
Intent is Critical:
Prosecutors must prove the defendant intended the person to engage in prostitution or illegal sexual conduct.
“Immoral Purpose” is Broad:
Courts have interpreted it to include consensual sexual activity outside marriage, not just commercial sex.
Modern Focus:
Today, heavily used against human trafficking and forced prostitution cases.
Defenses:
Consent of the transported person and lack of criminal purpose can be defenses but are often difficult to prove.
Summary
The Mann Act remains a key federal statute to combat sex trafficking and interstate transportation for prostitution or illicit sexual purposes. Its broad interpretation has allowed prosecution of a wide range of sexual conduct involving interstate travel, though sometimes raising constitutional and policy debates.
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