Feel free to post other links.
These Federal statutes impose hefty felony penalties for prostitution activities which might be just misdemeanors under state law. In general the Feds can only criminalize activity which affects interstate commerce, for example by crossing state lines or using communications or financial transactions which cross state lines. Because Fed action against prostitution can intrude on state LE perogatives and cost a lot of money, fed prosecutorial guidelines attemp to impose limits on when the feds will prosecute. But the feds have occasionally prosecuted on relatively minor prostitution activities.
I've included cursory summaries, but you shouldn't rely too much on them.
Travel Act
18 USC Section 1952
http://www4.law.cornell.edu/uscode/18/1952.html
Traveling across state lines or using "any facility in interstate commerce" to "facilitate the...carrying on"..of.."any business enterprise involving" specified crimes including prostitution.
Penalty: up to 5 years imprisonment.
Money Laundering
18 USC Section 1956
http://www4.law.cornell.edu/uscode/18/1956.html
Very broadly written and draconian in effect. A probable violation if you carry on any sort of "financial transaction" (with a minimal affect on interstate commerce) using the proceeds from specified crimes including prostitution with the specific intent to promote the carrying on of the prostitution or to hide the source of the funds. Financial transactions could include depositing funds in a bank, writing checks, processing credit cards. For example, depositing escort fees into a checking account and then writing a check to pay for rent on your incall could be a violation.
Penalty: up to 20 years imprisonment
RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Act)
18 USC Section 1961 to 1968
http://www4.law.cornell.edu/uscode/18/1962.html
Very broadly written and draconian in effect. Operating and working in a prostitution "enterprise" or business where any of the activities affect interstate commerce could be a violation if more than two violations of prostitution or other criminal statutes can be shown.
Penalty: up to 20 years imprisonment and forfeiture of property involved in criminal enterprise.
Mann Act
18 USC Sections 2421 to 2423.
http://www4.law.cornell.edu/uscode/18/2421.html
Knowingly transporting or enticing or coercing anybody across state lines for the purpose of prostitution or any other criminal sexual activity.
Penalty: Up to 10 years imprisonment, 15 years if under age 18.
Reporting Alien Prostitute
http://www4.law.cornell.edu/uscode/18/2424.html
If you are involved in a prostitution business and have reason to believe one of your prostitutes is an alien you must report that person to the INS. The report cannot be used against you in a prostitution prosecution.
Penalty: up to 10 years imprisonment
Very useful and interesting compendium there.
I did not realize that extraterrestrial escorts were such a problem that Congress was moved to act. Probably Strom during a Viagra overdose.
Perhaps you could locate the mail fraud statute and see if it applies to bait&switch, and the use of photographs on a site that are of women who are not associated with the agency.
What kind of evidence of intent is required?
Does every misrepresentation on a website amount to wire fraud?
The FTC - Federal Trade Commission - Act also prohibits and punishes unfair and deceptive trade practices. What is its language, and how might it apply to common practices on agency sites, such as the digital removal of tattoos and the exagerration of boob size? Are airbrushed model photos a violation?
After you get the statutes all listed, I hope you will take them one by one and give us the major cases interpreting them in ways that should be of concern to escorts, agencies, and hobbyists. Thanks mr c.
-- Modified on 9/10/2002 8:59:52 PM
pretending to be a legal scholar and accusing others of being pompous when they use big words.
We do agree though that [resource] is an arrogant-uber-twerp.
Now I have to go out and chase some kittens.