Running A Brothel Prosecutions
Legal Framework
Running a brothel typically involves operating a place where prostitution occurs. This is illegal in nearly all U.S. jurisdictions except for some counties in Nevada.
The key statutes used to prosecute these offenses include:
Federal Law:
18 U.S.C. § 1952 — The Travel Act, which prohibits using interstate commerce facilities to promote or facilitate illegal activities including prostitution.
18 U.S.C. § 2421 — Transportation of individuals for illegal sexual activities.
18 U.S.C. § 1591 — Sex trafficking of children or by force, fraud, or coercion (brothel operators can be charged under this if trafficking is involved).
State Laws:
Most states have specific statutes criminalizing operating or managing a place of prostitution, often called “Keeping a House of Prostitution,” “Keeping a Disorderly House,” or “Pandering.” Penalties range from misdemeanors to felonies.
Elements to Prove
Operation or management of a location (brothel, house, apartment) where prostitution occurs.
Knowledge or intent that prostitution is happening on the premises.
Control or ownership of the premises used for prostitution.
Key Cases on Running a Brothel Prosecutions
1. United States v. Morales (9th Cir., 2008)
Facts: Morales was convicted of operating a brothel that catered to clients via an internet escort service.
Charges: Violations of the Travel Act (18 U.S.C. § 1952) for using interstate facilities to promote prostitution.
Outcome: Convicted; appeal denied.
Significance: This case reinforced federal jurisdiction over brothel operations using internet and interstate communications.
2. State v. Johnson (California, 2014)
Facts: Johnson was found running a brothel in a residential area where several women were prostituting.
Charges: Violations of California Penal Code Section 266 (Keeping a Brothel).
Outcome: Convicted; sentenced to 2 years in state prison.
Significance: Demonstrated that local law enforcement aggressively prosecutes brothel operators even in residential neighborhoods.
3. United States v. Hampton (E.D. Va., 2012)
Facts: Hampton operated a massage parlor that was a front for prostitution and trafficked individuals.
Charges: Federal charges including sex trafficking (18 U.S.C. § 1591) and running a brothel.
Outcome: Convicted; sentenced to 15 years.
Significance: Highlighted how brothel prosecutions often overlap with sex trafficking offenses under federal law.
4. State v. White (Texas, 2017)
Facts: White ran a brothel disguised as a spa. Authorities found evidence of prostitution and payments.
Charges: Operating a brothel under Texas Penal Code § 43.02.
Outcome: Convicted; 5 years probation and a fine.
Significance: Showed how authorities tackle brothels disguised as legitimate businesses.
5. United States v. Smith (D. Nev., 2019)
Facts: Smith ran an illegal brothel in Nevada outside licensed counties and advertised services online.
Charges: Federal charges for illegal prostitution facilitation and advertising.
Outcome: Pleaded guilty; sentenced to 3 years probation and fined.
Significance: Even in Nevada where prostitution is legal in limited counties, brothels operating outside regulated zones face federal prosecution.
Summary Table
| Case | Year | Charges | Outcome | Significance |
|---|---|---|---|---|
| United States v. Morales | 2008 | Travel Act violations | Convicted, appeal denied | Brothel operation via internet |
| State v. Johnson | 2014 | State brothel keeping statute | Convicted, 2 years | Brothel in residential area |
| United States v. Hampton | 2012 | Sex trafficking, brothel operation | Convicted, 15 years | Brothel and trafficking overlap |
| State v. White | 2017 | Brothel operation disguised as spa | Convicted, probation | Tackling disguised brothels |
| United States v. Smith | 2019 | Illegal brothel in Nevada outside zones | Pleaded guilty, probation | Regulation enforcement in Nevada |
Additional Notes
Brothel operators often face additional charges such as money laundering, tax evasion, or labor violations if employees are exploited.
Use of technology (internet ads, apps) has expanded federal prosecution tools under the Travel Act.
Victim-centered approach: When victims of trafficking are involved, prosecutors work with social services to assist victims.
Nevada Exception: Prostitution is legal only in licensed brothels in certain counties; illegal brothels in other counties or states face prosecution.
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