Gebardi v. United States
287 U.S. 112 (1932)

Annotate this Case

U.S. Supreme Court

Gebardi v. United States, 287 U.S. 112 (1932)

Gebardi v. United States

No. 97

Argued October 10, 1932

Decided November 7, 1932

287 U.S. 112

Syllabus

1. Section 2 of the Mann Act imposes a penalty upon

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

Held:

That a woman who is the willing object of such transportation, but who does not aid or assist otherwise than by her consent, is not guilty of the offense. P. 287 U. S. 119.

2. A woman merely acquiescing in her transportation by a man for immoral conduct between them in violation of § 2 of the Mann Act does not thereby commit the crime of conspiring to commit the substantive offense of which, by the transportation, he alone becomes guilty. P. 287 U. S. 123.

So held upon the ground that, as Congress set out in the Mann Act to deal with cases which involve consent and agreement on the part of the woman in every case in which she is a voluntary agent at all, the failure of the Act to condemn her participation in transportation effected with her mere consent evinces an affirmative legislative policy to leave her acquiescence unpunished.

Page 287 U. S. 113

This policy would be contravened were it to be held that the very passage of the Mann Act effected a withdrawal, by the earlier conspiracy statute, of that immunity which the Act itself confers.

57 F.2d 617 reversed.

Certiorari, 286 U.S. 539, to review the affirmance of convictions and sentences of the petitioners, a man and a woman, for alleged conspiracies, in three counts.

Page 287 U. S. 115

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