	Introduction

Sex trafficking is a state crime. Nevertheless, it is also a federal crime when it involves conducting the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws the activities of sex trafficking enterprise that affects interstate or foreign commerce, including patronizing such an enterprise. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. Section 1591(a)(1) : Divided into elements, §1591(a)(1) declares that (1) Whoever (2) knowingly (3)(a) in or affecting interstate or foreign commerce, or (b) within the special maritime and territorial jurisdiction of the United States, (4)(a) recruits, (b) entices, (c) harbors, (d) transports, (e) provides, (f) obtains, (g) advertises, (h) maintains, (i) patronizes, or (j) solicits by any means (5) a person; (6)(a) knowing, or (b) in reckless disregard of the fact, (7)(a) that (A)(i) means of force, (ii) threats of force, (iii) fraud, (iv) coercion ... , or (v) any combination of such means (B) will be used to cause the person to (C) engage in a commercial sex act, or (b) that (A) the person has not attained the age of 18 years and (B) will be caused to engage in a commercial sex act, (8) shall be punished as provided in subsection (b). Subsection 1591(b) makes violations punishable by imprisonment for any term of years not less than 15 years or for life (not less than 10 years imprisonment, if the victim is 14 years of age or older and the offender is less than 18 years of age, provided neither force nor deception was used). In the case of sex trafficking, any property derived from or used to facilitate a trafficking offense is subject to civil forfeiture. Mann Act

Section 1591 and the various sections of the Mann Act overlap. Where §1595 outlaws commercial sexual enterprises operated in or affecting interstate or foreign commerce that use underage or coerced victims, the Mann Act outlaws prostitution and unlawful sexual activities that involve interstate or foreign travel. The Mann Act consists of three principal substantive sections. Section 2421 proscribes interstate or foreign transporting someone for purposes of prostitution or unlawful sexual activity. Section 2422 condemns coercing or enticing another person to travel in interstate or foreign commerce for purposes of prostitution or unlawful sexual activity, using a means of interstate communication to coerce or entice a child to engage in such conduct. Violation of §2421 is punishable by imprisonment for not more than 10 years, for not more than 20 years if the defendant is a repeat offender, and by a fine of not more than $250,000. The offender may be ordered to pay the victim restitution. Section 2423 (Transportation Involving Children) : Section 2423 outlaws four distinct offenses: (1) §2423(a)—transportation of a child in interstate or foreign commerce for purposes of prostitution or unlawful sexual purposes; (2) §2423(b)—interstate or foreign travel for purposes of unlawful sexual abuse of a child; (3) §2423(c)—foreign travel and subsequent unlawful sexual abuse of a child; and (4) §2423(d)—arranging, for profit, the travel outlawed in any of these offenses. Violation of §2423(b) is punishable by imprisonment for more than 30 years (not more than 60 years for repeat offenders); a mandatory term of supervised release of not less than 5 years; a fine of not more than $250,000 (not more than $500,000 for an organization); and unless indigent, to a special assessment of $5,000.
Sex trafficking is a state crime. Federal law, however, makes it a federal crime to conduct the activities of a sex trafficking enterprise in a way that affects interstate or foreign commerce or that involves travel in interstate or foreign commerce. Section 1591 of Title 18 of the United States Code outlaws sex trafficking activities that affect interstate or foreign commerce. The Mann Act outlaws sex trafficking activities that involve travel in interstate or foreign commerce. The Justice for Victims of Trafficking Act of 2015 (Victims Justice Act; P.L. 114-22/S. 178) amended both §1591 and the Mann Act.
Section 1591 now provides in part the following: "Whoever knowingly in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion ... , or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act," shall be imprisoned not less than 15 years (not less than 10 years, if the victim is 14 years of age or older and the offender is less than 18 years of age).
The Mann Act outlaws prostitution and unlawful sexual activities that involve interstate or foreign travel. It consists of three principal substantive sections. Section 2421 proscribes the interstate or foreign transportation of someone for purposes of prostitution or unlawful sexual activity; misconduct which is punishable by imprisonment for not more than 10 years. Section 2422 condemns coercing or enticing another person to travel in interstate or foreign commerce to engage in prostitution or unlawful sexual activity, or using interstate communications to coerce or entice a child to engage in such conduct. The communications offense is punishable by imprisonment for not less than 10 years; the travel offense by imprisonment for not more than 20 years. Section 2423 outlaws four distinct offenses: (1) §2423(a)—transportation of a child in interstate or foreign commerce for purposes of prostitution or unlawful sexual purposes; (2) §2423(b)—interstate or foreign travel for purposes of unlawful sexual abuse of a child; (3) §2423(c)—foreign travel and subsequent unlawful sexual abuse of a child; and (4) §2423(d)—arranging, for profit, the travel outlawed in any of these offenses. The first is punishable by imprisonment for not less than 10 years, each of the others by imprisonment for not more than 30 years.
An offender also faces the prospect of a fine of not more than $250,000 (not more than $500,000 for an organization); unless indigent, to a special assessment of $5,000; a term of supervised release of not less than five years; an order to pay the victim restitution; and the confiscation of any property derived from, or used to facilitate commission of, any of the offenses.
This report is available in an abridged version without the footnotes and most of the citations to authority found here under the title CRS Report R43598, Sex Trafficking: An Abbreviated Overview of Federal Criminal Law.