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Originally Posted by Eric5273
Saying the Mann Act prohibits prostitution is a pretty far reach. Prostitution is legal in Nevada, and I have yet to see the Mann Act used to prosecute anyone. What the Mann Act said was that a woman cannot be taken across state lines for the sole purpose of prostitution, which basically meant she could not be taken from a state where prostitution is illegal to a state where prostitution is legal against her will for the purpose of prostitution. It basically is a law against human trafficking, not against prostitution.
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You said that there was no federal law that prohibited prostitution, and I say the Mann Act is a federal prohibition on prostitution. Its a federal act and a federal crime that falls within the Commerce Clause of the U.S. Constitution (Article 1, Section 8, Clause 3) involving the trafficking of individuals through interstate commerce for the purposes of prostitution, regardless of any state's law on prostitution. Former Gov. Spitzer may be prosecuted under the Mann Act.
Notable individuals prosecuted under the Mann Act:
Chuck Berry
Heavyweight boxer Jack Johnson
Charlie Chaplin
Charles Manson
Whether prostitution is legal in one state is a police power reserved for that state.
06-26-2008, 11:56 PM
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