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Solicitation of a Minor: 18 USC 2422 and 2423

Feb 3, 2021 | Federal Crimes

According to 18 USC 2422 and 2423, it is unlawful to engage in sexual activity and conduct with minors.

What Must the Prosecution Establish in Order to be Convicted of 18 USC Sections 2422 and 2423?

The prosecution must establish the following elements for convicting the defendant under 18 USC Sections 2422 and 2423

  • Defendant knowingly persuaded, enticed, induced, or coerced any minor to travel between states or internationally for engaging in prostitution or in any illegal sexual activity, or attempted to do so;
  • Defendant used the mail or means of interstate or foreign commerce to knowingly persuade, entice, induce, or coerce any minor to engage in any illegal sexual activity or attempted to do so;
  • Defendant knowingly transported a minor between states or internationally with the intention to engage in an illegal sexual activity; and
  • Defendant traveled between states or internationally for the purpose of engaging in any unlawful sexual conduct with a minor

What is Illegal or Illicit Sexual Conduct Under Federal Law?

Under federal law illegal or illicit sexual conduct includes the following:

  • Any sexual act with any minor under 18 years
  • Any sexual act which involved a person under the age of 18 years for commercial activity such as but not limited to prostitution.
  • Any production or depiction or of child pornography, which can include films, videos photographs, pictures, and any other materials that can be produced by manual, digital, or other means.

Who is a Considered a Minor Under Federal Law?

Under federal law, a minor is any person under the age of 18. There are some exceptions to the definition of a minor, where the minor is a person under the age of 16.

Parties Involved in the Solicitation of a Minor

Any person can be an offender. The offender doesn’t need to be limited to only one person, either: any person who intentionally and knowingly assists in the coercion, transit, or sexual activity can be prosecuted.

What are the Penalties for a Federal Solicitation of a Minor Conviction?

Depending on the case circumstances federal solicitation of a minor can be charged as either a misdemeanor or a felony.

In case the defendant is convicted of using internet, mail, or any other form of interstate or international communication to solicit or attempt to solicit of a minor with the intention to engage in illegal sexual activity, or he successfully transported the child for the illegal sexual activity, he can face:

  • Up to 10 years in federal prison for a misdemeanor conviction
  • A life sentence in federal prison for a felony conviction
  • A fine of up to $250,000.

What are the Penalties for 18 Section 2423 Conviction?

According to 18 Section 2423, the defendant is charged with traveling to another state, coming to the US, or traveling internationally and engaging in unlawful sexual activity with a person under 18, he will face:

  • Up to 30 years in federal prison.
  • A fine of up to $250,000.

Other Penalties for a Federal Sex Crime Conviction

Additionally, punishment for any federal sex crime is usually accompanied by an obligation to join the national sex registry. The registry compiles the information of sex offenders across all states and can have a severe impact on offender’s ability to find employment and keep a residence. The offender will be required to register as a sex offender for 15 years, 25 years, or for life. Failure to register can be charged as a separate crime with up to 10 years in federal prison and considerable fines.

California Federal Sex Crimes Defense Attorney

KAASS LAW experienced attorneys are specialized in state and federal sex crimes, including sex crimes involving minors. Contact our office at 310-933-5171 to learn how our team can help you.