Mann Act

Mann Act

Other short titles	White-Slave Traffic Act of 1910
Long title	An Act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes.
Nicknames	White-Slave Traffic Act
Enacted by	the 61st United States Congress
Effective	June 25, 1910
Citations
Public law	Pub. L. 61–277
Statutes at Large	36 Stat. 825a
Codification
Titles amended	8 U.S.C.: Aliens and Nationality 18 U.S.C.: Crimes and Criminal Procedure
U.S.C. sections created	8 U.S.C. ch. 13, subch. I § 1557 18 U.S.C. ch. 117 §§ 2421–2424
Legislative history
Introduced in the House as H.R. 12315 by James Robert Mann (R–IL) on December 21, 1909 Signed into law by President William Howard Taft on June 25, 1910

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, 36 Stat. 825; codified as amended at 18 U.S.C. §§ 2421–2424). 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.

Promotion

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. It was in this changing social sphere that 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.

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 narratives, or white-slave tracts, began to circulate around 1909." Such narratives often portrayed innocent girls "victimized by a huge, secret and powerful conspiracy controlled by foreigners", as they were drugged or imprisoned and forced into prostitution.

"Ice cream parlors of the city and fruit stores combined, largely run by foreigners, are the places where scores of girls have taken their first step downward. Does her mother know the character of the place and the man she is with?"

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

One thing should be made very clear to the girl who comes up to the city, and that is that the ordinary ice cream parlor is very likely to be a spider's web for her entanglement. This is perhaps especially true of those ice cream saloons and fruit stores kept by foreigners. Scores of cases are on record where young girls have taken their first step towards "white slavery" in places of this character.

According to Connelly, such concerns represented an "hysterical" version of genuine and long-standing issues arising from the concentration of young women from rural backgrounds in the expanding cities of the era, many of whom were drawn into prostitution for "mundane" economic reasons. A number of Vice Commission reports had drawn attention to the issue. Some contemporaries questioned the idea of abduction and foreign control of prostitution through cartels. For example, noted radical and feminist Emma Goldman asked "What is really the cause of the trade in women? Not merely white women, but yellow and black women as well. Exploitation, of course; the merciless Moloch of capitalism that fattens on underpaid labor, thus driving thousands of women and girls into prostitution. With Mrs. Warren these girls feel, 'Why waste your life working for a few shillings a week in a scullery, eighteen hours a day?' ... Whether our reformers admit it or not, the economic and social inferiority of woman is responsible for prostitution." While prostitution was widespread, contemporary studies by local vice commissions indicate that it was "overwhelmingly locally organized without any large business structure, and willingly engaged in by the prostitutes."

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 like 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.

Legal application

Jack Johnson marries Lucille Cameron, 1912

Although the law was created to stop forced sexual slavery of women, the most common 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 Caminetti v. United States, 242 U.S. 470 (1917) ("The authority of Congress to keep the channels of interstate commerce free from immoral and injurious uses has been frequently sustained, and is no longer open to question.")

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) because the U.S. has no federal law against polygamy. All U.S. states have anti-polygamy laws, but only in recent years have state authorities used them to prosecute bigamy. Colorado City, Arizona; Hildale, Utah; Bountiful, British Columbia; and sites in 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.

Notable prosecutions under the Mann Act

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.
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.
Farley Drew Caminetti	1913	Convicted	He and Maury I. 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.
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 act when caught in the company of one Mrs. Granger, the wife of an army officer with the American forces in France. Thomas was acquitted at trial.
Fred Toney	1918	Convicted	Toney, a professional baseball player, pleaded guilty to traveling with a woman, who 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.
Frank Lloyd Wright	1926	Charges dropped	In October 1926, Wright and Olga Lazovich Hinzenburg were accused of violating the Mann Act and he was arrested in Minnetonka, Minnesota.
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.
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. Chaplin was acquitted of the charges.
Rex Ingram	1949	Convicted	Pleading guilty to the charge of transporting a teenage girl to New York for immoral purposes, the actor was sentenced to eighteen months in jail. He served just ten months of his sentence, but the incident had a serious impact on his career for the next six years.
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.
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.
Charles Manson	1960	Charges dropped	Manson took two prostitutes from California to New Mexico to work.
Chuck Berry	1962	Convicted	In January 1962, Berry was sentenced to three years in prison for offenses under the Mann Act when he had transported a girl, age 14, across state lines.
Tony Alamo	2008	Convicted	The former American religious leader was arrested under the Mann Act in September 2008. 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.
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.
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. He was sentenced to 12 years in prison.
R. Kelly	2021	Convicted	Singer/actor
Ghislaine Maxwell	2021	Convicted	Socialite/publishing heiress. Charged with sex trafficking of minors for Jeffrey Epstein. On December 29, 2021, a jury found her guilty on five of six counts involving sex trafficking of minors. Sentenced to 20 years.

Notable individuals prosecuted under the Act

• Anwar al-Awlaki, an American Islamist cleric, was investigated for violations of 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 that had Eliot Spitzer as a client 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, 227 U.S. 308 (1913). 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, 227 U.S. 326 (1913). The Court decided that the law was not limited strictly to prostitution, but to "debauchery" as well.
• Caminetti v. United States, 242 U.S. 470 (1917). The Court decided that the Mann Act applied not strictly to purposes of prostitution, but to other noncommercial consensual sexual liaisons. Thus consensual extramarital sex falls within the genre of "immoral sex".
• Gebardi v. United States, 287 U.S. 112 (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, 329 U.S. 14 (1946). The Court decided that a person can be prosecuted under the Mann Act even when married to the woman if the marriage is polygamous. Thus polygamous marriage was determined to be an "immoral purpose".
• Bell v. United States, 349 U.S. 81 (1955). The Court decided that simultaneous transportation of two women across state lines constituted only one violation of the Mann Act, not two violations.
• Wyatt v. United States, 362 U.S. 525 (1960) 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.
• Holte v. United States, 236 U.S. 14 (1915) The Court ruled 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 later ruling, Gebardi v. United States, 287 U.S. 112 (1932)

Congressional amendments to the law

In 1978, Congress updated the act's definition of "transportation" and added protections against commercial sexual exploitation for minors. It 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 that passed unanimously in both houses of Congress, the Mann Act was further amended to replace 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 to make it gender-neutral.

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	62 Stat. 683	H.R. 3190	Harry S. Truman
February 6, 1978	P.L. 95–225	92 Stat. 7	S. 1585	Jimmy Carter
November 7, 1986	P.L. 99–628	100 Stat. 3510	H.R. 5560	Ronald Reagan
September 13, 1994	P.L. 103–322	108 Stat. 1796	H.R. 3355	Bill Clinton
February 8, 1996	P.L. 104–104	110 Stat. 56	S. 652	Bill Clinton
October 30, 1998	P.L. 105–314	112 Stat. 2974	H.R. 3494	Bill Clinton
April 30, 2003	P.L. 108–21	117 Stat. 650	S. 151	George W. Bush
July 27, 2006	P.L. 109–248	120 Stat. 587	H.R. 4472	George W. Bush

Effects and alterations of the Mann Act

While the Mann Act was meant to combat forced prostitution, it had repercussions that extended into consensual sexual activity. Because it lacked specificity, it criminalized many who were not participating in prostitution. It became a way to persecute large numbers of unmarried couples participating in premarital or extramarital activities, especially when it involved black males such as Chuck Berry and Jack Johnson. The Mann Act also became a form of blackmail, by wives who were suspicious of cheating husbands or other women. This was the case for both Drew Caminetti and Maury Diggs. Both men from Sacramento, California, 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. One author wrote:

In 1914 a woman by the name of Jessie A. Cope was arrested in Chicago for attempting to bribe an official to assist her in the blackmail of Colonel Charles Alexander of Providence, Rhode Island, on a white slavery charge. The two had met two years previous in LA, Alexander had promised to divorce his wife, and marry her. When he attempted to leave her, Cope and her mother pursued him to Providence. Cope consulted lawyers in Providence and LA, then brought the charges in Chicago, where she was arrested.

Upon continuous 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".

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." Prior to the Supreme Court ruling in Lawrence v. Texas (2003), sodomy was illegal in many states 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.

Danny Cevallos of MSNBC stated that the "White Slave Traffic Act" name had, by 2024, fallen out of use.

See also

• Caminetti v. United States
• Chamberlain–Kahn Act
• 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

Further reading

• Donovan, Brian (2010). White Slave Crusades: Race, Gender, and Anti-vice Activism, 1887–1917. Urbana, Ill.: University of Illinois Press. ISBN 978-0-252-09100-1.
• Haines, Gerald K.; Langbart, David A. (1993). Unlocking the Files of the FBI: A Guide to Its Records and Classification System. Wilmington, Delaware: Rowman & Littlefield. p. 29. ISBN 978-0-8420-2338-2. OCLC 25873598.
• Langum, David J. (1994). Crossing Over the Line: Legislating Morality and the Mann Act. Chicago: University of Chicago Press. pp. 1–311. ISBN 978-0-226-46880-8. OCLC 30075897.

External links

• "International Agreement for the Suppression of the White Slave Traffic" (PDF). Paris, France: The United States Library of Congress. May 18, 1904. Archived from the original (PDF) on December 26, 2014.
• Gross, Alison (2016). "The Mann Act and Crossing State Lines: Maybe You Should Have Known" (PDF). Cardozo Law Review. pp. 2240–2278.
• Lee, Lorelei. "The Roots of "Modern Day Slavery": The Page Act and the Mann Act". Columbia Human Rights Law Review. pp. 1159–1239.