eastender said:A hobbyists from that jurisdiction phones or emails an agency in Montreal asking about the availability and/or costs of an SP for an upcoming trip to Montreal. The communication crosses state lines.
Under present law or the proposed legislation would such an act be illegal even though the rendez-vous would or did take place outside the USA.
No. Interstate commerce involves the buying and selling of products and services across state lines. If you are simply calling and asking about product or service availability or prices there is no commerce. It is interstate but there is no commerce.
If you call from one state to another and book a lady, that could be a different story. Note that in the Spitzer scenario, he was in Washington DC, booked a girl from New York, paid for her train fare from NYC to DC and paid the agency operator by wiring monies to shell corporations which I believe had legal situs in a 3rd state, Delaware or New Jersey.
Beyond the technical legal issues of more interest is the ability to enforce and prosecute these laws. In the usual case with a low profile defendant the Mann Act will never be enforced or prosecuted due to an absence of proof. Spitzer, however, set himself up for a possible Mann Act prosecution by leaving his name on the wire transfers which is a mistake of unfathomable magnitude, given that he was AG of New York and was well aware of the automatic reporting requirements on wire transfers such as what he was doing. He may have eventually been caught, but he certainly did not need to get caught the way he was caught, and the way he was caught set up the possible Mann Act prosecution.
From what I read, this bill, unlike the Mann Act, is aimed at trafficking coming from outside the US as opposed to within the US which is what the Mann Act was designed to stop.
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