United States v. Estrada-Tepal
United States v. Estrada-Tepal
Opinion of the Court
MEMORANDUM & ORDER
Defendants Jorge Estrada-Tepal, Ricardo Estrada-Tepal and Victor Leonel Estrada-Tepal are charged with sex trafficking and sex trafficking conspiracy, in violation of Title 18, United States Code, Sections 1591(a)(l)-(2), 1594(c), conspiracy to transport illegal aliens, in violation of Title 8, United States Code, Section 1324(a)(l)(A)(v)(I), and transportation of illegal aliens for financial gain, in violation of Title 8, United States Code, Section 1324(a)(l)(A)(ii). Currently before the Court is Defendant Ricardo Estrada-Tepal’s (“Defendant”) motion to dismiss all counts brought pursuant to 18 U.S.C. § 1591 on the basis that the law is unconstitutionally overbroad.
I. Background
a. The Estrada-Tepal trafficking organization
In approximately March 2013, Homeland Security Investigations (“HSI”) be
Victim # 1 met Defendant in Mexico, where they started dating. (Id. ¶ 5.) Shortly thereafter, she moved in with Defendant at his home in Puebla, Mexico. (Id.) Within a week of moving in, Defendant told Victim # 1 that they were going to travel to the United States to work. (Id.) Defendant smuggled Victim # 1 into' the United States on a train. (Id.) Victim # 1 eventually met with Defendant’s brother, Victor Leonel Estrada-Tepal (“Leonel”), in New Jersey on or about August 9, 2011. (Id.) Leonel pressured Victim # 1 to pay her debt—the price of her smuggling into the United States. (Id.) Victim # 1 attempted to obtain money from friends and family but Leonel told her that she would have to work as a prostitute to pay the debt. (Id.) Victim # 1 told Defendant about this demand and Defendant told Victim # 1 to listen to Leonel. (Id.) Victim # 1 was told that if she did not work, her family would pay the price. (Id.) In October 2011, Victim # 1 decided to run away. (Id. ¶ 8.) Defendant called Victim # 1 and told her that if she did not return, something was going to happen to her or her family. (Id.)
Victim #2 met Jorge Estrada-Tepal (“Jorge”) in Mexico where they began dating. (Id. ¶ 11.) Shortly thereafter, Jorge smuggled Victim # 2 into the United States where they lived together in Queens, New York. (Id.) Jorge initially pressured Victim #2 into working at a bar, and later forced Victim # 2 into prostitution. (Id. ¶ 12.) Victim # 2 worked as a prostitute for approximately four years. (Id. ¶ 13.)
In addition, Victim # 3 claims that she was asked by a member of the Estrada-Tepal trafficking organization to travel to the United States for work and was later forced into prostitution. (Id. ¶ 14.)
On January 30, 2014, HSI agents arrested Defendant, and his brothers, Leonel and Jorge, based on their illegal immigration status. (Id. ¶ 25.) Upon arrest, Defendant admitted that he paid approximately $5,500 to have another female victim smuggled into the United States, and after her arrival, she engaged in prostitution. (Id.)
II. Discussion
a. Overbreadth challenge
Defendant argues that “18 U.S.C. § 1591 is unconstitutionally overbroad on its face because it significantly infringes upon the right to free association guaranteed by the First Amendment....” (Def. Mem. at 17.) The government contends that 18 U.S.C. § 1591 does not substantially burden protected speech. (Gov. Opp’n Mem. at 35.) The Court agrees with the government.
“A law is unconstitutionally over-broad if it punishes a substantial amount
“The first step in overbreadth analysis is to construe the challenged statute; it is impossible to determine whether a statute reaches too far without first knowing what the statute covers.” United States v. Stevens, 559 U.S. 460, 474, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010) (alteration omitted) (quoting United States v. Williams, 553 U.S. 285, 293, 128 S.Ct. 1830, 170 L.Ed.2d 650 (2008)). The second step is to determine whether the statute, as construed by the court, “criminalizes a substantial amount of protected expressive activity.” Williams, 553 U.S. at 297, 128 S.Ct. 1830. “[I]n considering facial challenges we must ‘vigorously enforee[] the requirement that a statute’s overbreadth be substantial, not only in an absolute sense, but also relative to the statute’s plainly legitimate sweep.’ ” Adams, 606 F.3d at 38 (quoting Williams, 553 U.S. at 292, 128 S.Ct. 1830).
i. Title 18 U.S.C. § 1591
Defendant asserts that 18 U.S.C. § 1591 is a “criminal prohibition of alarming breadth.” (Def. Mem. at 19 (quoting Stevens, 559 U.S. at 474, 130 S.Ct. 1577).) Specifically, Defendant takes issue with “the lack of a necessary criminal purpose connected to many of the associational actions [18 U.S.C. § 1591] prohibits.” (Def. Mem. at 20.) The government appears to not contest Defendant’s interpretation of the statute.
Title 18 U.S.C. § 1591 states in pertinent part:
(a) Whoever knowingly—
(1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, or maintains by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),
knowing, or in reckless disregard of the fact, that means of force, threats of force, fraud, coercion ..., or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished....
18 U.S.C. § 1591. The plain language of the statute requires only that a person have knowledge that he or she is committing any of the seven prohibited actions enumerated in 18 U.S.C. § 1591(a)(1) and knowledge, or reckless disregard of the fact, that a person subject to any of the prohibited actions will engage in an underage or coerced commercial sex act. (Def. Mem. at 20); see also United States v. Garcia-Gonzalez, 714 F.3d 306, 312 (5th Cir. 2013) (stating the elements of a child sex trafficking under § 1591(a)); United States v. Myers, 430 Fed.Appx. 812, 816 (11th Cir. 2011) (same); see also United States v. Williams, 564 Fed.Appx. 568, 571 (11th Cir. 2014) (“The plain language of [18 U.S.C.] § 1591(a) makes it a crime to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain an individual under the age of eighteen to engage in commercial sex acts, where the defendant either knows the individual is under the age of eighteen, or acts in reckless disregard of whether the individual is under the age of eighteen.” (emphasis added)); United States v. Wilson, NA 10-CR-60102, 2010 WL 2991561, at *9 (S.D.Fla. July 27, 2010) (dismissing a vagueness challenge to § 1591and finding that “[n]othing about what this statute proscribes is left to the imagination”), report and recommendation adopted, No. 10-CR-60102, 2010 WL 3239211 (S.D.Fla. Aug. 16, 2010).
Defendant’s constitutional challenge is primarily based on three of the seven actions listed in 18 U.S.C. § 1591(a)(1)—har-bors, transports and maintains. He argues that “harbor,” “transport” and “maintain” are unambiguous terms, which encompass a variety of innocuous and charitable actions such as sheltering, feeding and clothing
Two additional aspects of the statute merit mention. First, as Defendant correctly notes, absent from 18 U.S.C. § 1591(a) is any requirement that an individual have the desire or “criminal purpose” to further sex trafficking; instead, one need only have knowledge, or reckless disregard to the fact, that the victim will be caused to have underage or coerced commercial sex. See United States v. Todd, 627 F.3d 329, 334 (9th Cir. 2010) (discussing the elements of the statute
Having construed the statute, the Court now determines whether 18 U.S.C. § 1591 substantially burdens protected speech,
ii. Substantial burden
Freedom of association includes within its ambit the right of “intimate association” and “expressive association.” See Roberts v. U.S. Jaycees, 468 U.S. 609, 617-18, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984) (discussing these “two distinct senses” of freedom of association); Sanitation & Recycling Indus., Inc. v. City of New York, 107 F.3d 985, 995-96 (2d Cir. 1997) (“The United States Constitution affords protection to two distinct types of association, ‘intimate association’ and ‘expressive association.’ ” (quoting Roberts, 468 U.S. at 617-18, 104 S.Ct. 3244)). Defendant argues that 18 U.S.C. § 1591 substantially interferes with both types of associational freedoms.
1. Intimate Association
Although “the diversity of human relationships necessitate^] a sliding-scale analysis rather than a bright-line test” with respect to which relationships warrant protection under the United States
Defendant argues that 18 U.S.C. § 1591 impermissibly interferes with familial relationships. (Def. Mem. at 21.) According to Defendant, 18 U.S.C. § 1591’s ban on “harboring” criminalizes the cohabitation of family members when one knows that a family member is an underage or coerced sex worker, the ban on “maintaining” criminalizes the provision of food and clothing and the sharing of finances and property, and the ban on “transportation” criminalizes a “broad category of interaction between people who cohabit or otherwise share their lives with family or close friends.” (Id. at 21.) The government contends that any intrusion on these relationships cannot be considered substantial when compared to the legitimate reach of 18 U.S.C. § 1591. (Gov. Opp’n Mem. at 37-39.) The Court agrees with the government.
Invalidating a law pursuant to the overbreadth doctrine is “strong medicine” to be used “sparingly and only as a last resort.” Broadrick, 413 U.S. at 613, 93 S.Ct. 2908. Here, the Court acknowledges that 18 U.S.C. § 1591, as written, could hypothetically criminalize the conduct of a mother who feeds, clothes and drives around her daughter with knowledge that her daughter is or will be a victim to a sex trafficking scheme, but without any intent or desire to further the trafficking scheme. However, this hypothetical compassionate mother, articulated by Defendant, is at the periphery of 18 U.S.C. § 1591’s applicability.
2. Expressive Association
Defendant also argues that 18 U.S.C. § 1591 chills the actions of shelters and support organizations that seek to provide support to sex workers. (Def. Mem. at 21-22.) Defendant further argues that such organizations “are often rooted in religious, political, or social beliefs that are protected under the First Amendment.” (Id. at 22.)
The First Amendment includes the “right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.” Boy Scouts of Am. v. Dale, 530 U.S. 640, 647, 120 S.Ct. 2446, 147 L.Ed.2d 554 (2000); see also Sanitation & Recycling Indus., 107 F.3d at 996 (stating that expressive association “protects the right of individuals to associate for purposes of engaging in activities protected by the First Amendment, such as speech, assembly,-the exercise of religion, or petitioning for the redress of grievances”). The Court assumes, for purposes of this motion, that 18 U.S.C. § 1591 may, hypothetically, be applied to circumscribe the expressive association rights of “hospitals, counseling services and soup kitchens,” as argued by Defendant. (Def. Mem. at 27.) However, the Court is not persuaded that 18 U.S.C. § 1591 substantially burdens expressive association rights. Any possible infringement upon the expressive association of hospitals, counseling services and soup kitchens working with known victims of sex trafficking is indirect and incidental to the plainly legitimate scope of 18 U.S.C. § 1591 which properly seeks to eliminate the “largest manifestation of slavery today.” See 22 U.S.C. § 7101, Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 102(b)(1), 114 Stat. 1464 (2000) (codified as amended at 18 U.S.C. § 1589 et seq.) Therefore, Defendant’s overbreadth challenge is denied.
III. Conclusion
For the foregoing reasons, the Court denies Defendant’s motion to dismiss all counts brought pursuant to 18 U.S.C. § 1591.
SO ORDERED.
. Jorge Estrada-Tepal joined this motion by letter dated August 8, 2014. (Docket Entry No. 49.)
. These allegations are taken from the Complaint filed on January 31, 2014. (Docket Entry No. 1.)
. The government argues that 18 U.S.C. § 1591 covers "a core of misconduct—such as the use of beatings, rape, and other violence to compel a sex worker to engage in commercial sex....” (Gov. Opp'n Mem. at 35.) However, the government ostensibly concedes that there may be "a few hypothetical scenarios in which Section 1591 might burden the First Amendment rights of families and support organizations....” (Id. at 38.)
. The Second Circuit has arrived at a narrower interpretation of "harboring” in the con
. As already noted, it appears that the government does not refute Defendant’s construction of the statute.
. The Court notes that some Courts of Ap- ' peals have held, or at least suggested, that the right to intimate association is based in the Fourteenth Amendment, rather than the First Amendment. See Griffin v. Strong, 983 F.2d 1544, 1546-47 (10th Cir. 1993) ("The freedom of intimate association is a substantive due process right, as is its subset, the familial right of association.”); Swank v. Smart, 898 F.2d 1247, 1251-52 (7th Cir. 1990) (categorizing the " ‘right of association’ in a nonexpres-sive sense” as a "substantive right[]” protected under the due process clause); IDK Inc. v. County of Clark, 836 F.2d 1185, 1191-93 n. 5. (9th Cir. 1988) ("The relationships protected by the [F]ourteenth [Ajmendment ‘are those that attend the creation and sustenance of a family’ and similar ‘highly personal relationships.’ ” (quoting Roberts v. U.S. Jaycees, 468 U.S. 609, 618-19, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984))).
Whether the right to intimate association finds its home in the First or Fourteenth Amendment becomes important because ‘‘[t]he facial overbreadth doctrine is restricted in its application, ... and is ‘not recognized ... outside the limited context of the First Amendment.’” Musser v. Mapes, 718 F.3d 996, 1001 (8th Cir. 2013) (second alteration in original) (quoting United States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987)). Thus, it is not clear that an overbreadth .challenge based on the right to intimate association is viable. The Second Circuit has yet to rule on this issue. See Sanitation & Recycling Indus., Inc. v. City of New York, 107 F.3d 985, 996 (2d Cir. 1997) ("Under the circumstances, we do not need to decide whether overbreadth attacks apply to alleged infringements of the right to intimate association as they do to First Amendment rights, or whether overbreadth challenges do not apply because, as several circuits have held, the right to intimate association lies not in the First but in the Fourteenth Amendment.”); cf. Corso v. Fischer, 983 F.Supp.2d 320, 330 (S.D.N.Y. 2013) (“It ‘has not been authoritatively determined’ whether this right to intimate association is implied in.the First Amendment or exists as a fundamental liberty interest protected by the Due Process Clause of the Fourteenth Amendment.” (quoting Adler v. Pataki, 185 F.3d 35, 42 (2d Cir. 1999))). For the purposes of this motion, the Court assumes that Defendant may facially challenge 18 U.S.C. § 1591 based on his right to intimate association.
. In fact, the Court is not aware of an application of 18 U.S.C. § 1591 to anyone other than an individual directly and substantially involved in an underlying sex trafficking scheme. See, e.g., United States v. Phea, 755 F.3d 255 (5th Cir. 2014) (pimp drove victim to a hotel room, which the victim shared with another women who worked as a prostitute for the pimp); United States v. Willoughby, 742 F.3d 229, 232 (6th Cir. 2014) (pimp transported victim to john's home); United States v. Mozie, 752 F.3d 1271, 1276 (11th Cir. 2014) (defendant operated his home as a brothel known as the “Boom Boom Room”); United States v. Britton, 567 Fed.Appx. 158 (3d Cir. 2014) (pimp in prostitution ring); United States v. Flanders, 752 F.3d 1317, 1325 (11th Cir. 2014) (co-defendants drugged, raped and videotaped women); United States v. Anderson, 568 Fed.Appx. 332 (5th Cir. 2014) (adult accused of having sex with thirteen year old); United States v. Jones, 748 F.3d 64, 66 (1st Cir. 2014) (defendant sought sex with young girls online); United States v. Rivera, 558 Fed.Appx. 971, 974 (11th Cir. 2014) (defendant organized commercial sex dates for minor victim and travelled from New York to Miami with the victim); United States v. Robinson, 702 F.3d 22, 26-29 (2d Cir. 2012) (man convicted of pimping a seventeen year old girl), cert. denied, 568 U.S. -, 133 S.Ct. 1481, 185 L.Ed.2d 381 (2013); United States v. McIntyre, No. 13-CR-361, 2014 WL 3600476, at *2 (E.D.Pa. July 22, 2014) (pimp “who did not hesitate to use force and coercion to maintain discipline with his commercial sex workers”); United States v. Burchell, No. 1 l-CR-00524, 2014 WL 2998598, at *1 (D.Or. June 30, 2014) (discussing a co-defendant who organized group sex, which included a fifteen year old); United States v. Berrios, No. 14-CR-334, 2014 WL 3513233, at *1-4 (D.P.R. June 13, 2014) (priest sexually involved with a teenager); Cooke v. United States, No. 13-CV-1702, 2014 WL 2118076, at *1 (E.D.Mo. May 21, 2014) (defendant contacted police internet page advertising "young and irresistible”); United States v. Rojas-Coyotl, No. 13-CR-0128, 2014 WL 1908674, at *2 (N.D.Ga. May 13, 2014) (defendants encouraged young women from Mexico and Guatemala to come to the United States and then forced the women into prostitution); United States v. Gemma, No. 12-CR-10155, 2014 WL 1654133, at *2 (D.Mass. Apr. 25, 2014) (defendant had posted online advertisements for
Reference
- Full Case Name
- United States v. Jorge ESTRADA-TEPAL, Ricardo Estrada-Tepal and Victor Leonel Estrada-Tepal
- Cited By
- 7 cases
- Status
- Published