Legal Definitions - Mann Act

The Mann Act, originally known as the White-Slave Traffic Act of 1910, is a federal law that makes it a crime to transport any person across state lines or national borders for illegal sexual activity.

Initially, this law was enacted to combat human trafficking, specifically targeting the transportation of women and girls for prostitution or other "immoral purposes." Over time, the interpretation of "immoral purposes" became very broad, leading to the prosecution of individuals involved in consensual relationships that were considered socially unacceptable at the time, such as premarital or interracial relationships, even if no force or coercion was involved.

Recognizing these issues, the Mann Act was amended in 1986. The broad phrase "any other immoral purpose" was replaced with "any sexual activity for which any person can be charged with a criminal offense." This change significantly narrowed the law's scope, ensuring it now primarily targets the transportation of individuals for illegal sexual activities, such as forced prostitution, child pornography, or other sexual offenses that are criminalized by law, rather than consensual adult relationships.

Here are some examples illustrating the application of the Mann Act:

• Example 1: Interstate Human Trafficking for Prostitution

  A criminal organization operates a prostitution ring and transports several young adults from a rural town in Ohio to a major city in New York, intending for them to engage in commercial sex acts. The individuals are coerced and threatened, making their participation non-consensual and illegal. The act of moving these individuals across state lines for forced prostitution would constitute a violation of the Mann Act.

  This example illustrates the Mann Act's application to modern human trafficking, where individuals are transported across state borders for illegal sexual exploitation, aligning with the law's current focus on criminal sexual activity.

• Example 2: International Child Sex Tourism

  An individual living in the United States arranges and pays for a trip to a foreign country, specifically with the intent to engage in sexual activity with a minor in that country. They transport the minor across international borders to facilitate this illegal act. This scenario, involving the transportation of a person for child sexual abuse, falls under the scope of the Mann Act, particularly given its 1978 amendment addressing child pornography and exploitation.

  This example demonstrates the Mann Act's reach into international commerce and its specific application to the severe crime of child sexual exploitation, which is a criminal offense.

• Example 3: Exploitation of a Vulnerable Adult Across State Lines

  A caregiver transports an adult with severe cognitive disabilities from their home in Pennsylvania to a secluded cabin in West Virginia, intending to engage in sexual acts with them. Due to the adult's cognitive impairment, they are legally unable to give consent to sexual activity, making any such act a criminal offense. The transportation across state lines for this purpose would violate the Mann Act.

  This example highlights how the Mann Act applies when a person is transported across state lines for "any sexual activity for which any person can be charged with a criminal offense," specifically focusing on the exploitation of vulnerable individuals who cannot legally consent.