Commercial Sex Trafficking

18 U.S.C. Section 1591 is the federal commercial sex trafficking statute that makes it illegal for someone knowingly and using interstate travel to solicit/cause a person through force or coercion to engage in a commercial sex act. 
 
Under 1591(e)(3) “any sex act on account of which anything of value is given to or received by any person”; The term “thing of value” or “anything of value” often include tangible and intangible remuneration.
 
The penalty for such an act is imprisonment for not less than 15 years (not less than 10 years if the victim is 14 years of age or older and the offender is at least 18 years old).  (Subsection 1591(c), mitigates the government’s burden with respect to knowledge of the age of a child victim: “In a prosecution under subsection (a)(1) in which the defendant had a reasonable
opportunity to observe the person…the Government need not prove that the defendant knew that the person had not attained the age of 18 years.”
 
Attempt of 1591(a) is punished the same as the completed crime.  U.S.C. § 1594(c) is conspiracy to commit sex trafficking.
 
Corporations and other legal entities may be held criminally liable for the misconduct of their employees, officers, or agents within the scope of their authority and committed at least in part for the benefit of the entity.
 
“Knowingly” means was aware of the fact that he was engaging in the
conduct proscribed, i.e., knew he was recruiting, enticing, harboring, transporting, providing, obtaining, maintaining (etc) a person, voluntarily and intentionally, and not because of a mistake or accident.
 
The prosecution, however, need not prove that the defendant knew his conduct occurred in United States territory or that it occurred in, or affected, interstate or foreign commerce.
 
The Government has areas of wide discretion when it comes to initial screening (whether or not a case will be accepted and charged); Pre-trial release or bail procedure; Dismissal; Charge Reduction; Guilty Plea, and Sentencing.
 
The most important witness for the Government will be their law
enforcement/expert witness on “victimology,” i.e., vulnerability/coercion of sex trafficking victims and “pimpology,” i.e., pimp/prostitute relationship

Examples Of Defenses To Commercial Sex Trafficking

If adult prostitutes are involved, the defense could be the victim’s willingness to engage in commercial acts and concede Mann Act.  If minors are involved, were they over 18 at time of offense?  We can argue that our client did not ‘know’ commercial sex acts would occur, or that our client did not know the victim’s age or have a “reasonable opportunity” to “observe.”