1914
8 U.S.C. § 1328Importing Aliens for Immoral
Purposes
|
Section 1328 prohibits three kinds of sexual activities with respect to
aliens: (1) importing aliens for prostitution, (2) holding aliens for
prostitution, and (3) keeping, maintaining, controlling, supporting,
employing,
or harboring aliens for prostitution. Each of the three is a separate
crime.
See Dalton v. Hunter, 174 F.2d 633 (10th Cir.), cert.
denied, 338 U.S. 906 (1949).
The phrase, "in pursuance of such illegal importation," was added to
§
1328 in 1910 to establish an interstate commerce nexus because the Supreme
Court
had held that the statute infringed on state police powers. See
Keller
v. United States, 213 U.S. 138 (1909). Also, "alien" was substituted
for
"woman or girl" to make it clear that the statute applied to both sexes.
The
phrase, "or for any other immoral purpose," probably includes only immoral
purposes relating to sex, and not, for example, the selling of babies.
See United States v. Baker, 136 F. Supp. 546, 549-550
(S.D.N.Y.
1955).
For a definition of "hold" see United States v. Giuliani, 147
F.
594, 596, 600 (D.Del. 1906). See also 18 U.S.C. § 2424, which
provides penalties for failure to register a female brought to the United
States
from certain countries for immoral purposes.
[cited in USAM 9-73.200] | |