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A federal indictment in Illinois charged Sam Nichols and his rap star co-defendant for violations of the Mann Act or sex trafficking under 18 U.S.C. 1591(a) and (b). The crime of attempt is punishable as the same as the completed crime with prison time ranging from 15 years to life per count for each child under 14 years of age. The law enables the government to avoid having to prove that the defendant knew the minor was under 18 years of age if he/she had a reasonable opportunity to observe the minor.
The defendants placed ads on the Internet and gave the alleged victims cell phones to respond to callers. The girls were pictured in revealing lingerie. The charges alleging adult victims can reasonably be defended by claims that the adults willingly participated in the commercial sex acts. As for minors, if the defendants did not have a reasonable opportunity to observe their age, it may be argued that it cannot be presumed they knew they were minors and further that the defendants had no affirmative knowledge that commercial sex acts would occur.
Lack of scienter or mens rea element that the individual would be transported in interstate commerce would render any conviction under such circumstances unconstitutional.
