On January 22, the United States District Court for the Middle District of Pennsylvania sentenced Mark Douglas Miller, 45, of Wyalusing, PA, to 12.5 years in prison followed by 10 years of supervised release for transporting a minor to engage in sexual conduct. Miller’s sentence results from him transporting a minor across state lines between January and March of 2020.
The charges brought against Miller were brought as a part of Project Safe Childhood, which is a nationwide initiative launched in May 2006 by the Department of Justice. This initiative was started to combat the growing epidemic of child sexual exploitation and child abuse rampant throughout the United States. According to the government, Miller knowingly and willfully transported the victim to engage in illegal sexual conduct.
While the CSE Institute celebrates the United States Attorney’s Office for prosecuting Miller, we are disappointed that he was not charged under the federal human trafficking statute for the sex trafficking of a minor. Under federal law, a person is guilty of trafficking if they recruit, entice, harbor, transport, provide, obtain, advertise, maintain, patronize, or solicit a person who is subject to sexual servitude through the means of force, fraud, or coercion. To convict an individual of child sex trafficking, the prosecution must only prove one of above acts.
In this case, on its face the facts plainly state that Miller transported the minor across state lines for purposes of sexual exploitation. While crossing state lines or borders is not required for human trafficking, transporting is one of the acts that satisfies the act element of the charge. Under both federal and state law, any commercial sexual exploitation of a minor constitutes sex trafficking because children cannot consent to be bought or sold for sexual acts. Accordingly, the CSE Institute would have liked to see the prosecution charge Miller with the trafficking of a minor in addition to the other offense charged.
The CSE Institute applauds both the United States Attorney’s Office for prosecuting Miller, and the Federal Bureau of Investigation and Pennsylvania State Police for investigating, arresting, and charging Miller. The CSE Institute praises the commitment of law enforcement for their continuous efforts to combat the sexual exploitation of minors and adults through the incapacitation of Mark Douglas Miller, a sexual offender.
All views expressed herein are personal to the author and do not necessarily reflect the views of Villanova University Charles Widger School of Law or of Villanova University.