Sex Trafficking of Minors (18 U.S.C. 1591)
The core federal charge against Epstein was sex trafficking of minors. Section 1591 of title 18 makes it a federal crime to:
- Knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor
- For the purpose of causing them to engage in a commercial sex act
A ‘commercial sex act’ includes any sex act in exchange for anything of value including cash payments for massage that escalated to sexual contact.
Why Federal Charges
Federal charges applied because:
- Interstate travel was involved (victims traveled to Florida from other states)
- Use of interstate commerce (phone, internet)
- The Trafficking Victims Protection Act’s broad definitions
The Conspiracy Theory
Sex trafficking conspiracy (18 U.S.C. 1594) allows prosecution of multiple persons who agreed to commit the trafficking, covering the network of recruiters and enablers.
What Epstein Was NOT Charged With
In 2019, Epstein was not charged with rape or sexual assault under federal law those charges would typically be state matters. The trafficking framing focused on the commercial element and the network.
State Charges
State charges related to sexual battery and sexual abuse of a minor are separate from federal trafficking and could have been brought and in some cases were brought through civil litigation analogs independent of the federal case.