Mann Act

The Mann Act, previously called the White-Slave Traffic Act of 1910, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois.

In its original form, the act made it a felony to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose". Its primary stated intent was to address prostitution, immorality, and human trafficking, particularly where trafficking was for the purposes of prostitution. It was one of several acts of protective legislation aimed at moral reform during the Progressive Era. In practice, its ambiguous language about "immorality" resulted in it being used to criminalize even consensual sexual behavior between adults. It was amended by Congress in 1978 and again in 1986 to limit its application to transport for the purpose of prostitution or other illegal sexual acts.

Background and motivation

In the 19th century, many of America's cities had designated legally protected areas of prostitution. Increased urbanization, as well as greater numbers of young women entering the workforce, led to greater flexibility in courtship without supervision. In this changing social sphere in the mid-1800s, concern over " white slavery" began. This term referred to women kidnapped for the purposes of prostitution and derives from Charles Sumner's 1847 description of the Barbary slave trade.

Numerous communities appointed vice commissions to investigate the extent of local prostitution, whether prostitutes participated in it willingly or were forced into it, and the degree to which it was organized by any cartel-type organizations. The second significant action at the local level was to close the brothels and the red-light districts. From 1910 to 1913, city after city changed previously tolerant approaches and forced the closing of their brothels. Opposition to openly practiced prostitution had been growing steadily throughout the last decades of the 19th century. The federal government's response was the Mann Act. The purpose of the act was to make it a crime to "transport or cause to be transported, or aid to assist in obtaining transportation for" or to "persuade, induce, entice, or coerce" a woman to travel. Many of the changes that occurred after 1900 were a result of tensions between social ideals and practical realities. Family form and functions changed in response to a complex set of circumstances that were the effects of economic class and ethnicity.

Rescuing sex trafficked young women

Exploitation of young women to work as prostitutes was not merely a figment of social panic or racist hysteria. Suffrage activists, especially Harriet Burton Laidlaw and Rose Livingston, took up the concerns. They worked in New York City's Chinatown and in other cities to rescue young white and Chinese girls from forced prostitution, and helped pass the Mann Act to make interstate sex trafficking a federal crime. Other groups, such as the Woman's Christian Temperance Union and Hull House, focused on children of prostitutes and poverty in community life while trying to pass protective legislation. The American Purity Alliance also supported the Mann Act.Bell
pp. 44–45.

Conspiracy narrative

According to historian Mark Thomas Connelly, "a group of books and pamphlets appeared announcing a startling claim: a pervasive and depraved conspiracy was at large in the land, brutally trapping and seducing American girls into lives of enforced prostitution, or 'white slavery'. These white-slave tracts began to circulate around 1909.". Such narratives often misleadingly portrayed innocent girls "victimized by a huge, secret and powerful conspiracy controlled by foreigners" as they were drugged or imprisoned and forced into prostitution.

This excerpt from ''The War on the White Slave Trade'' was written by the United States District Attorney in Chicago:

While prostitution was widespread, studies by local vice commissions at the time indicate that it was "overwhelmingly locally organized without any large business structure, and willingly engaged in by the prostitutes."

Some contemporaries did question the idea of abduction and foreign control of prostitution through cartels. For example, noted radical and feminist Emma Goldman observed, "Whether our reformers admit it or not, the economic and social inferiority of woman is responsible for prostitution."

Legal application

Although the law was created to stop forced sexual slavery of women, the most common initial use of the Mann Act was to prosecute men for having sex with underage females. The phrase "immoral purpose" in the statute allowed a broad application of the law following its affirmation in

In addition to its stated purpose of preventing human trafficking, the law was used to prosecute unlawful premarital, extramarital, and interracial relationships. The penalties would be applied to men whether or not the woman involved consented, and if she had consented, the woman could be considered an accessory to the offense. Some attribute enactment of the law to the case of world-champion heavyweight boxer Jack Johnson. Johnson was known to be intimate with white women, some of whom he met at the fighting venue after his fights. In 1912, he was prosecuted, and later convicted, for "transporting women across state lines for immoral purposes" as a result of his relationship with a white prostitute named Belle Schreiber; the month prior to the prosecution, Johnson had been charged with violating the Mann Act due to traveling with his white girlfriend, Lucille Cameron, who refused to cooperate with the prosecution and whom he married soon thereafter.

The 1948 prosecution of Frank LaSalle for abducting Florence Sally Horner is believed to have been an inspiration for Vladimir Nabokov in writing his novel ''Lolita''. Humbert Humbert, the narrator, at one point explicitly refers to LaSalle.

The Mann Act has also been used by the U.S. federal government to prosecute polygamists such as Mormon fundamentalists. Bigamy is illegal in the U.S. and all states have antipolygamy laws. Colorado City, Arizona; Hildale, Utah; Bountiful, British Columbia, northern Mexico are historic locations of several Mormon sects that practiced polygamy, although The Church of Jesus Christ of Latter-day Saints has expressly forbidden polygamy since the start of the 20th century. Sect leaders and individuals have been charged under the Mann Act when "wives" are transported across the Utah–Arizona state line or the U.S.–Canadian and U.S.–Mexican borders.

Prosecutions under the Mann Act

Individuals considered for prosecution under the Act

* Anwar al-Awlaki, an American citizen, Islamist cleric, and al-Qaeda organizer, was investigated for violations of the Mann Act, authorities primarily wanting to arrest him for his ties to the 9/11 hijackers, but left the United States for Yemen before he could be detained.
* Dušan Popov, a World War II Allied double agent with a "James Bond" lifestyle, was threatened with arrest under the Mann Act.
* Individuals associated with the Emperors Club VIP prostitution ring, one of whose more prominent clients was Eliot Spitzer while he was governor of New York.
* Individuals associated with the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), such as Warren Jeffs and Merril Jessop have refused to answer questions during depositions and court hearings, citing the 5th Amendment, over concerns of self-incrimination related to "potential state investigation still ongoing, as well as criminal investigations under the Mann Act out of the U.S. Attorney's Office."

Mann Act case decisions by the United States Supreme Court

* '' Hoke v. United States'', . The Court held that Congress could not regulate prostitution ''per se,'' as that was strictly the province of the states. Congress could, however, regulate interstate travel for purposes of prostitution or "immoral purposes".
* '' Athanasaw v. United States'', . The Court decided that the law was not limited strictly to prostitution, but to "debauchery" as well.
* In a 1915 ruling, the Court determined that it is not impossible for a victim of the Act to be charged with conspiracy under specific circumstances. The requirements for conspiracy by a victim of the Act were limited in a 1932 ruling.
* '' Caminetti v. United States'', . In 1917, the Court decided that the Mann Act did not apply strictly to purposes of prostitution, but to other noncommercial consensual sexual liaisons; thus consensual extramarital sex fell within the category of "immoral sex".
* In 1932, the Court ruled that consent by the victim to their own transportation does not constitute conspiracy or culpability under the Act.
* '' Cleveland v. United States'', . The Court decided that a man can be prosecuted under the Mann Act even when married to the woman if the marriage is polygamous; therefore, in 1946, polygamous marriage was determined to be an "immoral purpose".
* '' Bell v. United States'', . The Court decided that simultaneous transportation of two women across state lines constituted only one violation of the Mann Act, not two violations.
* The Court affirmed that a victim can be compelled to testify against a spouse who violated the Act, in exception to the common law spousal privilege rule.

Congressional amendments to the law

In 1978, Congress updated the act's definition of "transportation" and added protections against commercial sexual exploitation for minors.

Congress added a 1986 amendment which further protected minors and added protection for adult males. In particular, as part of a larger 1986 bill focused on criminalizing various aspects of child pornography, which was passed unanimously by both houses of Congress," Reagan Signs Tough Bill In Crackdown on Child Porn". United Press International via the ''San Francisco Chronicle'' November 8, 1986. "President Reagan signed a bill yesterday strengthening provisions of existing child pornography laws. The new measure, passed unanimously by both houses of Congress, would make it a crime to advertise to buy or sell child pornography, to seek children for the production of pornography or to participate with children in the production of it. ../nowiki> On another subject, the bill rewrites the Mann Act, a relic of the early part of the century, which makes it a crime to transport a woman across state lines for 'immoral' purposes. The new provision makes the statute gender-neutral and eliminates archaic language." the Mann Act was revised by replacing the ambiguous "debauchery" and "any other immoral purpose" with the more specific "any sexual activity for which any person can be charged with a criminal offense" as well as making it gender-neutral.

Effects and alterations of the Mann Act

The Mann Act was one of the more salient legislation passed during the early 20th century Progressive Era. While the Mann Act was meant to combat forced prostitution, it had repercussions that extended into consensual sexual activity, including criminalizing many people who were not participating in prostitution. It was also abused for political persecution and as a tool for blackmail.

The scope of the Mann Act was expanded in September 1913, as a result of charges brought against Drew Caminetti and Maury Diggs, both of Sacramento, California. The two men were married, and took their mistresses (Lola Norris and Marsha Warrington, respectively) to Reno, Nevada. The men's wives contacted the police, and the men were arrested in Reno and found guilty under the Mann Act.

Such an interpretation of the law in effect criminalized all premarital or extramarital sexual relationships that involved interstate travel. With behavior that was so commonplace now illegal, federal prosecutors had a weapon that could very easily be abused in order to prosecute "undesirables" who were otherwise law-abiding citizens.

"Undesirables" included black men who had consensual premarital affairs or married women who weren't black, as well as men with perceived left-of-center political views. For example, the heavyweight champion of the world, Jack Johnson, as well as Charlie Chaplin, and later, Chuck Berry were all prosecuted and convicted under the Mann Act. The instigating circumstances resulting in prosecution were that Johnson married a white woman, Chaplin had a premarital relationship with a 24 year old actress then later paid her train fare home (crossing over state lines), and Berry paid for transportation of an underage Apache girl to her home, across state lines.

Following multiple blackmail accounts, ''The New York Times'' became an advocate against the Mann Act. In 1915, the paper published an editorial pointing out how the Act led to extortion. In 1916, it labeled the Mann Act "The Blackmail Act", arguing that its dangers had been clear from the start as the Act could make a harmless spree or simple elopement a crime. The paper also called the "blackmail that resulted from the Mann Act ..worse than the prostitution it sought to suppress".

One author wrote about an incident of blackmail in 1914. A woman met a U.S. Army colonel in Los Angeles and was his mistress for two years. He promised to divorce his wife and marry her. When the colonel decided to leave her and return to his wife in Providence, Rhode Island, his former mistress and her mother pursued him there. The two women consulted lawyers and then the former mistress unsuccessfully tried to bring charges against him under the Mann Act, attempting to bribe an official to assist in her favor.McLaren, Angus. "Entrapping the Jazz-Age American Male." ''Sexual Blackmail: A Modern History''. Cambridge, Mass.: Harvard University Press, 2002. page 87. Print.

While the Mann Act has never been repealed, it has been amended and altered. The 1978 amendments expanded coverage to issues around child pornography and exploitation. Most recently, in 1986, the Mann Act was significantly altered to make it gender neutral and to redress the ambiguous phrasing that had enabled decades of unjust applications of the Act. With the 1986 amendments, the Mann Act outlaws interstate or foreign transport of "any person" for purposes of "any sexual activity for which any person can be charged with a criminal offense." Prior to the Supreme Court ruling in ''Lawrence v. Texas'' (2003), old laws in many states made sodomy illegal, which left open the possibility of prosecution under the Mann Act of consenting adult couples, especially gay couples, though there is no record of such enforcement actions.

By 2024 the terms "White Slave Traffic Act" and the "Mann Act" had fallen out of use although the associated law continues to be enforced.

See also

* '' Caminetti v. United States''
* International Agreement for the suppression of the White Slave Traffic
* International Convention for the Suppression of the Traffic in Women and Children
* Sex trafficking in the United States
* ''Traffic in Souls'' (1913)
* " The Traffic in Women"
* Travel Act

References

Further reading

* Donovan, Brian (2010).
White Slave Crusades: Race, Gender, and Anti-vice Activism, 1887–1917
'. Urbana, Ill.: University of Illinois Press. .
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External links

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{{DEFAULTSORT:Mann Act

Progressive Era in the United States
1910 in American law
61st United States Congress
Prostitution law in the United States
United States federal criminal legislation
Sexual controversies
History of racism in the United States