Sex trafficking

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Sex trafficking (full name Sex trafficking of children or by force, fraud, or coercion ) is a federal offense under United States criminal law under 18 USC  Section 1591 . In addition, there is federal criminality according to s. 2421 Mann Act and criminal liability under state law. One of the most prominent cases involved the Jeffrey Epstein indictment .

Actus reus

Legal text

The actus reus of the act is described in 18 USC  § 1591 (abbreviated) as follows:

“Whoever knowingly in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion […], or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, [shall be imprisoned not less than 15 years (not less than 10 years, if the victim is 14 years of age or older and the offender is less than 18 years of age)]. "

"Whoever knowingly hires, attracts, houses, transports, offers, receives, advertises, entertains, promotes, or solicits a person in any interstate or foreign trade or within the particular maritime or territorial jurisdiction of the United States, in whatever means, in the knowledge or in reckless disregard for the fact that means of violence, threats of violence, fraud, coercion […] or a combination of these means are used to induce the person to engage in commercial sexual activity or to prevent the person from reaching the age of 18 and is induced to engage in a commercial sexual act, [will be punished with not less than 15 years of imprisonment (not less than 10 years if the victim is 14 years old or older and the perpetrator is less than 18 years old)]. "

Explanation

In principle, criminal law in the USA is not federal law, which is why the criminal offense can only be waived with the restriction that it concerns "interstate or foreign commerce". According to 1 USC  § 1 , not only natural persons, but also corporations , companies , associations , firms , partnerships , societies and joint stock companies can make themselves liable to prosecution.

literature

  • Charles Doyle: Sex Trafficking: An Overview of Federal Criminal Law . Congressional Research Service, 2015 ( fas.org [PDF]).
  • Marie K. Pesando: Involuntary Servitude, Peonage, and Human Trafficking . In: American Jurisprudence . 2nd Edition. tape 45 , 2019, Section 21. Sex Trafficking.