by Attorney Eric D. PuryearThere are several Federal crimes defined in 18 U.S.C. § 2423 which relate to travel and transportation in connection with certain illegal sexual activity. Those subsections of 18 U.S.C. § 2423 are discussed below:
(a)Transportation With Intent To Engage in Criminal Sexual Activity.—
A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life.(b)Travel With Intent To Engage in Illicit Sexual Conduct.—
A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.(c)Engaging in Illicit Sexual Conduct in Foreign Places.—
Any United States citizen or alien admitted for permanent residence who travels in foreign commerce or resides, either temporarily or permanently, in a foreign country, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.(d)Ancillary Offenses.—
Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both.(e)Attempt and Conspiracy.—
Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection.(f)Definition.—As used in this section, the term “illicit sexual conduct” means—
(1) a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States;
(2) any commercial sex act (as defined in section 1591) with a person under 18 years of age; or
(3) production of child pornography (as defined in section 2256(8)).
As can be seen from the above quoted portions of the U.S. Code, there is criminal liability for a person who travels to engage in criminal sexual activity, or who transports minors for illicit sexual conduct, or who engages in illicit sexual conduct while outside of the USA.
A defense to the above-discussed charges is that the Defendant can establish by clear and convincing evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.
Those facing Federal charges relating to Travel and Transportation for Criminal Sexual Activity are well advised to exercise their right to remain silent, and seek an attorney at once.