In U.S. v. Evans, No. 06-10907 (Jan. 30, 2007), the Court held that the facts alleged in an indictment for enticing a minor to engage in commercial sex sufficed to establish the interstate jurisdictional nexus.
The defendant claimed that all the conduct that related to his using a minor in commercial sex occurred in South Florida. Disagreeing, the Court pointed out that the Supreme Court upheld a federal criminalizing the purely intrastate growing of marijuana for medicinal purposes, on the ground that this was justified by Congress’ need to broadly regulate interstate commerce in this controlled substance. Here, Congress found that trafficking of persons has an aggregate economic impact on interstate and foreign commerce, and the Court found that this finding was not irrational. Evans’ acts in South Florida contributed to the market that Congress’ comprehensive plan sought to stop. The Court further noted Evans’ use of hotels which service interstate travelers, and use of condoms that traveled in interstate commerce further evidence the substantial effects on interstate commerce.
The Court further rejected Evans’ argument that he had not used instrumentalities of interstate commerce, pointing out that he had used a cell phone, and that cell phones are by their very nature interstate instrumentalities – even in the absence of evidence that they were used to make out-of-state calls.
