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Mann Act

Article Discussion

Template:Short description Template:Use American English Template:Use mdy dates Template:Infobox U.S. legislation

File:60000girls.png
Newspaper clip: "Wanted 60,000 girls to take the place of 60,000 white slaves who will die this year"

The Mann Act, previously called the White-Slave Traffic Act of 1910, is a United States federal law, passed June 25, 1910 (ch. 395, Template:USStat; codified as amended at Template:Usc). 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Background and motivationEdit

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.<ref>Template:Cite book</ref>

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.<ref name= "Brian K 2004">Template:Cite book</ref> 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.<ref name="Elizabeth Faue 1923">Template:Cite book</ref>

Rescuing sex trafficked young womenEdit

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<ref>Template:Citation</ref> 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.<ref name= "Brian K 2004" /> 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.<ref name= "archive.org">Bell, pp. 44–45.</ref>

Conspiracy narrativeEdit

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."<ref name= Bell1910>Template:Citation.</ref> Such narratives often misleadingly portrayed innocent girls "victimized by a huge, secret and powerful conspiracy controlled by foreigners"<ref name="PBS Mann" /> as they were drugged or imprisoned and forced into prostitution.<ref name=Bell1910 />

File:The First Step From Fighting the Traffic in Young Girls or the war on the white slave trade.jpg
"Does her mother know the character of the place and the man she is with?"−The War on the White Slave Trade by Ernest Albert Bell, 1910

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

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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."<ref name= Langum1994>Template:Cite book</ref>

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."<ref name="Red Emma Speaks 1972" />

Legal applicationEdit

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.<ref name="Elizabeth Faue 1923"/> The phrase "immoral purpose" in the statute allowed a broad application of the law following its affirmation in Template:Cite court

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.<ref name="Reference A" /> 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;<ref name="Reference A" /> 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.<ref>Template:Cite news</ref>

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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref>Template:Cite book</ref><ref name="Red Emma Speaks 1972">Template:Cite book</ref> 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,<ref name="mcneill">Template:Cite journal</ref> 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.<ref name="archive.org"/>

Notable prosecutions under the Mann ActEdit

Person Year Decision Notes
Bella Moore 1910 Convicted In People v. Moore, an all-white jury convicted Bella Moore, a mixed race woman from New York, for the "compulsory prostitution" of two white women, Alice Milton and Belle Woods, using the Mann Act.<ref>Template:Cite journal</ref><ref>Template:Cite book</ref>
Jack Johnson 1913 Convicted (pardoned in 2018) In October and November 1912, boxer Jack Johnson was arrested twice under the Mann Act. It was generally acknowledged that the arrests were racially motivated. A posthumous presidential pardon was granted in 2018 by President Donald Trump.<ref>Template:Cite news</ref>
Farley Drew Caminetti 1913 Convicted Caminetti and Maury Diggs took their mistresses from Sacramento, California to Reno, Nevada. Their wives informed the police, and both men were arrested in Reno. Caminetti v. United States expanded Mann Act prosecutions from prostitution to non-commercial extramarital sex.<ref>Template:Cite news</ref>
William I. Thomas 1918 Acquitted Pioneering sociologist William I. Thomas's academic career at the University of Chicago was irreversibly damaged after he was arrested under the Mann Act when caught in the company of Mrs. Granger, whose husband was an army officer with the American forces in France. Thomas was acquitted at trial.<ref>Template:Cite news</ref>
Fred Toney 1918 Convicted Toney, a professional baseball player, pleaded guilty to traveling with a woman, whom he falsely claimed was his wife, from Louisville, Kentucky to Cincinnati, Ohio where they lived together while he played for the Cincinnati Reds. He was sentenced to four months in jail.<ref>Template:Cite news</ref>
Frank Lloyd Wright 1926 Charges dropped In October 1926, Wright and his future wife, Olga Lazovich Hinzenburg were accused of violating the Mann Act and he was arrested in Minnetonka, Minnesota.<ref name=EricNPR />
Finis Dake 1937 Convicted In 1937, he was convicted of violating the Mann Act by willfully transporting Emma Barelli, age 16, across the Wisconsin state line "for the purpose of debauchery and other immoral practices". The May 27, 1936, issue of the Chicago Daily Tribune reported that Dake registered at hotels in Waukegan, Bloomington, and East St. Louis with the girl under the name "Christian Anderson and wife". In order to avoid a jury trial and the possibility of being sentenced to a maximum of 10 years in prison and a fine of $10,000, Dake pleaded guilty. Subsequently, he served six months in the House of Corrections in Milwaukee, Wisconsin.<ref>{{#invoke:citation/CS1|citation CitationClass=web

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George Barker 1940 Charges dropped The British poet was arrested crossing a state border with his lover Canadian author Elizabeth Smart in 1940. She described the arrest in her book By Grand Central Station I Sat Down and Wept.
Charlie Chaplin 1944 Acquitted Chaplin met Joan Barry, age 24, in 1941. He signed her to a $75-a-week contract for a film he was putting together, and she became his mistress. By mid-1942, Chaplin let her contract expire. To send her home, Chaplin paid her train fare to New York which led to his arrest.<ref name=EricNPR/><ref>Template:Cite news</ref> Chaplin was acquitted of the charges.
Rex Ingram 1949 Convicted citation CitationClass=web

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Frank La Salle 1950 Convicted La Salle was tried, convicted, and sentenced to 30 to 35 years in prison under the Mann Act for abducting and raping Florence Sally Horner during a 21-month period while traveling from New Jersey to California.Template:Citation needed
Kid Cann 1959 Convicted/
Acquitted on appeal		 Cann, who was an organized crime figure from Minneapolis, Minnesota, was prosecuted and convicted for transporting a prostitute from Chicago to Minnesota. His conviction was later overturned on appeal. Cann was later prosecuted and convicted of offering a $25,000 bribe to a juror at his Mann Act trial.Template:Citation needed
Charles Manson 1960 Charges dropped Manson took two prostitutes from California to New Mexico to work.<ref>Bugliosi, Vincent with Gentry, Curt (1994). Helter Skelter – The True Story of the Manson Murders 25th Anniversary Edition. W.W. Norton & Company. Template:ISBN. pp. 137–146.</ref>
Chuck Berry 1962 Convicted citation CitationClass=web

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Tony Alamo 2008 Convicted The former American religious leader was arrested under the Mann Act in September 2008.<ref>Evangelist arrested, charged with child pornography crimes. CNN. September 26, 2008. Retrieved July 30, 2011.</ref> He was subsequently convicted on 10 counts of interstate transportation of minors for illegal sexual purposes, rape, sexual assault, and contributing to the delinquency of minors.<ref>Trial of Arkansas evangelist. July 24, 2009. CNN. Retrieved July 30, 2011.</ref><ref>{{#invoke:citation/CS1|citation CitationClass=web

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Brian David Mitchell 2010 Convicted Former street preacher and pedophile; convicted in 2010 of interstate kidnapping and unlawful transportation of a minor across state lines in connection with the 2002 abduction of Elizabeth Smart; currently serving a life sentence in federal prison.<ref>Enos, Robin (May 25, 2011), "Kidnapper Brian David Mitchell Sentenced to Life. findlaw.com</ref>
Jack Schaap 2012 Convicted Pastor at mega-church First Baptist Church and Chancellor of Hyles–Anderson College, pleaded guilty to transportation of a minor, age 16, across state lines to have sex with her.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> He was sentenced to 12 years in prison.<ref>Template:Cite news</ref>
R. Kelly 2021 Convicted citation CitationClass=web

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Ghislaine Maxwell 2021 Convicted Socialite/publishing heiress charged with sex trafficking of minors for Jeffrey Epstein.<ref>Template:Cite court</ref> On December 29, 2021, a jury found her guilty on five of six counts involving sex trafficking of minors<ref>{{#invoke:citation/CS1|citation CitationClass=web

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Sean Combs 2024 Pending case Sean Combs sexual misconduct allegations; alleged violation of the Mann Act is one of three charges.<ref>Template:Cite news</ref>

Notable individuals considered for prosecution under the ActEdit

Mann Act case decisions by the United States Supreme CourtEdit

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}}. 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".

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}}. The Court decided that the law was not limited strictly to prostitution, but to "debauchery" as well.<ref>wikisource:Louis Athanasaw v. United States</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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}}. 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".

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}}. 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".

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}}. The Court decided that simultaneous transportation of two women across state lines constituted only one violation of the Mann Act, not two violations.

  • Template:Cite court 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 lawEdit

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,<ref name=SFchron1986>"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. [...] 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."</ref> 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.<ref name=SFchron1986/>

Date of Enactment Public Law Number U.S. Statute Citation U.S. Legislative Bill U.S. Presidential Administration
June 25, 1948 P.L. 80-772 Template:Usstat Template:USBill Harry S. Truman
February 6, 1978 P.L. 95–225 Template:Usstat Template:USBill Jimmy Carter
November 7, 1986 P.L. 99–628 Template:Usstat Template:USBill Ronald Reagan
September 13, 1994 P.L. 103–322 Template:Usstat Template:USBill Bill Clinton
February 8, 1996 P.L. 104–104 Template:Usstat Template:USBill Bill Clinton
October 30, 1998 P.L. 105–314 Template:Usstat Template:USBill Bill Clinton
April 30, 2003 P.L. 108–21 Template:Usstat Template:USBill George W. Bush
July 27, 2006 P.L. 109–248 Template:Usstat Template:USBill George W. Bush

Effects and alterations of the Mann ActEdit

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.<ref name="PBS Mann" />

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.<ref name="PBS Mann">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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.<ref name="PBS Mann" />

File:Jack and Lucille Johnson.jpg
Jack Johnson marries Lucille Cameron, 1912

"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,<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref name="PBS Mann" /><ref name="Reference A">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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".<ref name=McLaren/>

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.<ref name=McLaren>McLaren, Angus. "Entrapping the Jazz-Age American Male." Sexual Blackmail: A Modern History. Cambridge, Mass.: Harvard University Press, 2002. page 87. Print.</ref>

While the Mann Act has never been repealed, it has been amended and altered since its initial passing. The Mann Act continued essentially unchanged until 1978 amendments that expanded coverage to issues around child pornography and exploitation. Most recently, in 1986, the Mann Act was significantly altered to make the whole Act gender neutral and to redress the specific 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."<ref>Langum, David J. "Mann Act (1910)." Major Acts of Congress. 2004. Encyclopedia.com. November 14, 2013 <http://www.encyclopedia.com></ref><ref name="Reference A" /> Prior to the Supreme Court ruling in Lawrence v. Texas (2003), old laws still in effect 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.<ref name=Langum1994/>

By 2024, both the terms "White Slave Traffic Act" and the "Mann Act" had fallen out of use although the associated law continues to be enforced.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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