Twice while driving home the fifteen-year-old daughter of his handyman, Muhammad Arif allegedly attempted to solicit sexual acts from her, ultimately giving her $20 to stay quiet. Arkansas initially charged Arif under its human trafficking statute, but dismissed its case after the federal government indicted under 18 U.S.C. § 1591(a)(1). At trial, Arif was convicted of commercial sex trafficking of a minor in or affecting interstate or foreign commerce. On a post-verdict motion for judgment of acquittal, the district court agreed that driving a car on a road, without more, is not sufficient to prove an effect on interstate commerce and set aside the jury verdict. The government appealed.
The Eighth Circuit affirmed the judgment of acquittal. The commerce element in § 1591 requires conduct “in or affecting interstate commerce,” not mere use of an instrumentality of interstate commerce. The court therefore held that Arif’s use of an out-of-state-manufactured vehicle to solicit the victim had no “identifiable actual effect” on interstate commerce, distinguishing cases involving use of the mail, cell networks, or the internet. The panel also rejected the government’s arguments that the Commerce Clause federalizes any criminal action in which money or roads played a role without evidence of interstate payments or movement.
Appeal from the Eastern District of Arkansas.
Opinion by Loken, joined by Gruender and Grasz.