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Citizen's Guide to United States
Federal Exploitation and Obscenity Laws
Child
Trafficking, Traveling and Luring for Participation in Illegal Sexual
Activity
People who traffic in or lure children to participate in sexual activity
may also be prosecuted under federal law. Federal law makes it a crime for
any person to knowingly transport a child or adult in interstate or foreign
commerce intending that the person become a prostitute or take part in any
sexual activity constituting a criminal offense. See 18 U.S.C. §§ 1591,
2421-2423. This includes importing an alien (person who is not a United States
citizen or resident) for such purposes. It is also a federal crime to
attempt to take part in this type of activity. Traveling between states or
abroad for the purpose of engaging in any sexual act with a child can be
prosecuted under the authority of federal law, as can engaging in a sexual
act with a child while abroad, regardless of whether that was the purpose
of the trial. See 18 U.S.C. § 2423. For example, it is a federal crime for
an adult United States
citizen to travel abroad to a foreign county to engage in sexual activity
with a citizen of that foreign country under the age of 18. It is even a
crime to attempt to engage in this type of activity.
Luring any individual, including a child, by knowingly persuading,
inducing, enticing or coercing any person to travel in interstate or
foreign commerce to engage in prostitution or sexual activity that
constitutes a criminal offense violates federal law. See 18 U.S.C. § 2422.
An example of luring would occur if an adult found a child in a chat room
and used email correspondence with the child to persuade the child meet him
with the intent that the child engage in sexual activity. Even if the child
in this example did not have to cross a state line to meet the pedophile,
the pedophile could be prosecuted under federal law if the computer server
used in the email was located in a different state. Use of United States
mails to lure any individual to \engage in prostitution or criminal sexual
activity also constitutes a federal offense. In addition, it is a federal
crime for any person to use the mail or any facility or means of interstate
or foreign commerce to knowingly transmit the name, address, telephone
number, social security number, or email address of a child under the age
of 16 with the intent to lure the child to take part in prostitution or
other criminal sexual activity. See 18 U.S.C. § 2425.
The maximum and mandatory minimum sentences for these crimes have also
recently been substantially enhanced.
U.S. Department of Justice,
Criminal Division ° Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue,
6th Floor ° Washington,
D.C. 20530
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