2027
Mann Act
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Cases arising under the Mann Act, 18 U.S.C. § 2421 et seq., are
investigated by the Federal Bureau of Investigation and are referred
directly to
the appropriate United States Attorneys. The Child and Exploitation and
Obscenity Section of the Criminal Division is responsible for supervision of
the
Act.
Sections 2421 to 2423 of the Act set forth several offenses
including
the offense of knowingly transporting any individual, male or female, in
interstate or foreign commerce or in any territory or possession of the
United
States for the purpose of prostitution or sexual activity which is a
criminal
offense under the federal or state statute or local ordinance. Section 2423
is
concerned solely with the transportation of minors under the age of 18 years
and
provides for an enhanced penalty. This section should generally be used
when
minors are victims, although the other two sections also cover minors ("any
individual").
Section 2423 was amended on February 6, 1978 by Pub.L. No. 95-225,
on
November 7, 1986, by Pub.L. No. 99-628, and again on September 13, 1994 by
the
Violent Crime Control and Law Enforcement Act. The legislative history of
these
amendments demonstrates Congress' special concern with the sexual
exploitation
of minors. Thus, cases falling under these statutes which involve minors as
victims should be given special priority.
In United States v. Holte, 236 U.S. 140 (1915), the Supreme
Court held that under certain circumstances a woman could be indictable as a
conspirator in her own transportation. However, in Gebardi v. United
States, 287 U.S. 112 (1932), the Court, while not disavowing
Holte,
held that a woman who merely assents to her transportation, without taking a
more
active role in promoting it is not guilty of a substantive offense under
these
statutes. The Court also held that such a woman cannot be charged with
conspiracy, and that where the only coconspirator is the man who transported
her
or caused her transportation, a conspiracy charge against him must fall
also.
Gebardi has been cited and followed in more recent lower court
decisions.
This strongly suggests that it may be difficult to sustain a prosecution
against
a transportee "victim" for the substantive offense or for conspiracy, or a
conspiracy case against a sole coconspirator who was the transporter, unless
the
"victim" was active in promoting the transportation and not merely
acquiescent.
[cited in USAM 9-79.100] | |