Quote (Handcuffs @ Jan 28 2022 05:59pm)
I think central to the case is any crossing of state lines. You can't have a minor cross state lines to take advantage of a lower age of consent without invoking federal law and a subsequent age of consent of 18.
Quote (Black XistenZ @ Jan 28 2022 06:03pm)
Isn't a crossing of state lines kinda inevitable in a lot of cases where an agglomeration crosses or touches upon state lines, say NYC vs NJ, Philly vs NJ/MD, Chicago vs IN, Charlotte vs SC?
Also to add more details, digging into the indictment;
https://www.justice.gov/usao-mn/press-release/file/1424071/downloadI don't see anything about them actually crossing state lines. It purports sex trafficking of a minor for soliciting sex and providing transportation, but as far as I can tell it all occurred intrastate, they didn't charge him under the Mann Act, so its not a real parallel to the Matt Gaetz case
I see they used;
https://www.law.cornell.edu/uscode/text/18/159118 U.S. Code § 1591 - Sex trafficking of children or by force, fraud, or coercion
uh hold up. It says right in the indictment, "sex trafficking of a minor", title 18, united state code, sections 1591(a)(1)
by when you look up the code, it literally says "by force, fraud or coercion" right in the title, and reads:
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(a)Whoever knowingly—
(1)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; or
(2)benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),
knowing, or, except where the act constituting the violation of paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), 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 punished as provided in subsection (b).
There hasn't been any evidence of force, fraud or coercion from what I can tell, not in the actual act of the hookup prior to the legal case and hush money / extortion after the fact.
Section (e)(2) provides:
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(2)The term “coercion” means—
(A)threats of serious harm to or physical restraint against any person;
(B)any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C)the abuse or threatened abuse of law or the legal process.
So when the defense says that the statute usually involves coercion and that wasn't present, they weren't kidding, its basically the main element of the statute not just a usual accompanying factor.