Gebardi v U.S.
S. Ct., 1932
Author:- Sam Biers

Facts: Dfs a man and a woman engaged in illicit sexual relations in the course of their journeys from one state to others on the Railway.  The man purchased the tickets for each and the woman consented to go on each journey, and did go on it voluntarily for an immoral purpose.

Issue: Whether when the woman consented to the activity involved, violated the Mann act and also in conspiracy with the man to violate the Act?

Holding: No

Procedure: Jury trial conviction for conspiracy of Mann Act.  Ct. of App affirmed conviction. Reversed.

Rule: Any person who shall knowingly transport or cause to be transported, or aid or assist in obtaining transportation for, or in transporting in interstate any woman or girl for ht purpose of prostitution or debauchery of for any other immoral purpose.

Ct Rationale: The object was that one would transport and the woman or girl would be transported.  In this case the woman transported herself and cannot thereby aid or abet herself in the commission of a violation of the Act, when the necessary element is eliminated.  The offense planned, the object of the conspiracy, involves the agreement of the woman to her transportation.  Her acquiescence was not made a crime under the Act.

PL A: The man and the woman planned to transport the woman for immoral purposes, and they did transport the woman for immoral purposes.

Def A: The Df willing transportation of herself cannot be a violation of the act.  The Act implies the woman did not acquiesce to the transportation.

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