Mann Act

AuthorJeffrey Lehman, Shirelle Phelps

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The Mann Act (18 U.S.C.A. § 2421 et seq.), also known as the White Slave Traffic Act, is a federal criminal statute that deals with prostitution and CHILD PORNOGRAPHY. Enacted in 1910 and named for its sponsor, Representative JAMES R. MANN, of Illinois, it also was used to prosecute men who took women across state lines for consensual sex.

Representative Mann introduced the act in December 1909 at the request of Chicago prosecutors who claimed that girls and women were being forced into prostitution by unscrupulous pimps and procurers. The term white slavery became popular to describe the predicament these females faced. It was alleged that men were tricking, coercing, and drugging females to get them involved in prostitution and then forcing them to stay in brothels.

The legislation was intended to stop the interstate trafficking of women. Though federal criminal statutes were rare in 1910, and seen as an attack on state POLICE POWERS, the legislation encountered little opposition. The act made it a felony to transport knowingly any woman or girl in interstate commerce or foreign commerce for prostitution, debauchery, or any other immoral purpose. It also made it a felony to coerce a woman or a girl into such immoral acts. President WILLIAM H. TAFT signed the bill in June 1910.

The U.S. Supreme Court upheld the constitutionality of the Mann Act in Hoke v. United States, 227 U.S. 308, 33 S. Ct. 281, 57 L. Ed. 523 (1913). The Court broadened the scope of the act in Caminetti v. United States, 242 U.S. 470, 37 S. Ct. 192, 61 L. Ed. 442 (1917), when it ruled that the act applied to noncommercial acts of immorality. In Caminetti the Court seized on

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the phrase "any other immoral purpose," concluding that Congress intended to prevent the use of interstate commerce to promote sexual immorality. This interpretation radically changed the scope of the act.

The Mann Act was used by the FEDERAL BUREAU OF INVESTIGATION to curtail commercialized vice. It was also often used to prosecute prominent persons who did not conform to conventional morality. Jack Johnson, a heavyweight boxing champion, was charged with and convicted of a Mann Act violation in 1912, for taking his mistress across state lines. Over the years, similar charges were leveled against the architect Frank Lloyd Wright, the actor Charlie Chaplin, and the rock and roll singer Chuck Berry. Of these three, only Berry was convicted of a Mann Act...

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