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1910 law of the United States Congress From Wikipedia, the free encyclopedia
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.
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| 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 | |
| U.S.C. sections created |
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| Legislative history | |
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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.[1] 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.[2]
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.[3]
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.[4] 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.[5]
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."[6] 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.[citation needed][6]
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.[6]
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.[6] 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."[7] 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."[8]
Suffrage activists, especially Harriet Burton Laidlaw[9] 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.[4] 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.[10]
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.[5] 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.[11] Johnson was known to be intimate with white women, some of whom he met at the fighting venue after his fights. In 1912[12] 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.[13]
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.[14] 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[15][16]) because the U.S. has no federal law against polygamy.[16][dubious – discuss] All U.S. states have anti-polygamy laws, but only in recent[when?] years have state authorities used them to prosecute bigamy. Colorado City, Arizona; Hildale, Utah; Bountiful, British Columbia; and sites in Mexico[17] are historic locations of several Mormon sects that practiced polygamy,[18] 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[16] 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.[10][16]
| 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.[19][20] |
| 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.[21][22] |
| 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.[23] |
| 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.[24] |
| 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.[25] |
| 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.[21] |
| 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.[26] |
| 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.[21][27] 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.[28] |
| 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.[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.[citation needed] |
| Charles Manson | 1960 | Charges dropped | Manson took two prostitutes from California to New Mexico to work.[29] |
| 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.[30][21][31] |
| Tony Alamo | 2008 | Convicted | The former American religious leader was arrested under the Mann Act in September 2008.[32] 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.[33][34] |
| 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.[35] |
| 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.[36][37][38] He was sentenced to 12 years in prison.[39] |
| R. Kelly | 2021 | Convicted | Singer/actor[40] |
| Ghislaine Maxwell | 2021 | Convicted | Socialite/publishing heiress.[41] Charged with sex trafficking of minors for Jeffrey Epstein.[42] On December 29, 2021, a jury found her guilty on five of six counts involving sex trafficking of minors.[43] Sentenced to 20 years.[44] |
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,[51] 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.[51]
| 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 |
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.[52] 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.[52] 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.[53]
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".[53]
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."[54][52] 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.[8]
Danny Cevallos of MSNBC stated that the "White Slave Traffic Act" name had, by 2024, fallen out of use.[55]
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