TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 117 - TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
HEAD
Sec. 2423. Transportation of minors
STATUTE
(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, 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; or (2) any
commercial sex act (as defined in section 1591) with a person under
18 years of age.
(g) Defense. - In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a
defense, which the defendant must establish by a preponderance of
the 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.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 95-225, Sec. 3(a),
Feb. 6, 1978, 92 Stat. 8; Pub. L. 99-628, Sec. 5(b)(1), Nov. 7,
1986, 100 Stat. 3511; Pub. L. 103-322, title XVI, Sec. 160001(g),
Sept. 13, 1994, 108 Stat. 2037; Pub. L. 104-71, Sec. 5, Dec. 23,
1995, 109 Stat. 774; Pub. L. 104-294, title VI, Secs. 601(b)(4),
604(b)(33), Oct. 11, 1996, 110 Stat. 3499, 3508; Pub. L. 105-314,
title I, Sec. 103, Oct. 30, 1998, 112 Stat. 2976; Pub. L. 107-273,
div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808;
Pub. L. 108-21, title I, Secs. 103(a)(2)(C), (b)(2)(B), 105, Apr.
30, 2003, 117 Stat. 652, 653; Pub. L. 109-248, title II, Sec. 204,
July 27, 2006, 120 Stat. 613.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 400 (June 25, 1910, ch.
395, Sec. 4, 36 Stat. 826).
Words "deemed guilty of a felony" were deleted as unnecessary in
view of definition of felony in section 1 of this title. (See
reviser's note under section 550 of this title.)
Words "and on conviction thereof shall be" were deleted as
surplusage since punishment cannot be imposed until a conviction is
secured.
Words "Possession of the United States" were inserted twice. (See
reviser's note under section 2421 of this title.)
Minor changes were made in phraseology.
AMENDMENTS
2006 - Subsec. (a). Pub. L. 109-248 substituted "10 years or for
life" for "5 years and not more than 30 years".
2003 - Subsec. (a). Pub. L. 108-21, Sec. 105(b), struck out "or
attempts to do so," before "shall be fined".
Pub. L. 108-21, Sec. 103(a)(2)(C), (b)(2)(B), substituted "and
imprisoned not less than 5 years and" for ", imprisoned" and "30
years" for "15 years, or both".
Subsec. (b) to (g). Pub. L. 108-21, Sec. 105(a), added subsecs.
(b) to (g) and struck out former subsec. (b) which read as follows:
"(b) Travel With Intent To Engage in Sexual Act With a Juvenile. -
A person who travels in interstate commerce, or conspires to do
so, or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, or
conspires to do so, for the purpose of engaging in any 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 shall be fined under this title, imprisoned not
more than 15 years, or both."
2002 - Subsec. (b). Pub. L. 107-273 repealed Pub. L. 104-294,
Sec. 601(b)(4). See 1996 Amendment note below.
1998 - Subsec. (a). Pub. L. 105-314, Sec. 103(1), added subsec.
(a) and struck out former subsec. (a) which read as follows:
"(a) Transportation With Intent To Engage in Criminal Sexual
Activity. - A person who knowingly transports any individual under
the age of 18 years in interstate or foreign commerce, or in any
Territory or Possession of the United States, with intent that such
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 or imprisoned not more than ten years, or
both."
Subsec. (b). Pub. L. 105-314, Sec. 103(2), substituted "15 years"
for "10 years".
1996 - Pub. L. 104-294, Sec. 604(b)(33), amended directory
language of Pub. L. 103-322, Sec. 160001(g). See 1994 Amendment
note below.
Subsec. (b). Pub. L. 104-294, Sec. 601(b)(4), which made
amendment identical to that made by Pub. L. 104-71, was repealed by
Pub. L. 107-273. See 1995 Amendment note below.
1995 - Subsec. (b). Pub. L. 104-71 substituted "2246" for "2245".
1994 - Pub. L. 103-322, as amended by Pub. L. 104-294, Sec.
604(b)(33), added subsec. (b) and substituted "(a) Transportation
With Intent To Engage in Criminal Sexual Activity. - A person who"
for "Whoever".
1986 - Pub. L. 99-628 amended section generally, revising and
restating as one paragraph provisions formerly contained in subsec.
(a) and striking out subsec. (b) which provided definitions.
1978 - Pub. L. 95-225 substituted "Transportation of minors" for
"Coercion or enticement of minor female" in section catchline,
designated existing provision as subsec. (a), substituted
provisions relating to conduct prohibiting the transportation of
minors for provisions relating to conduct prohibiting the coercion
or enticement of a minor female, and added subsec. (b).
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(1), Nov. 2, 2002,
116 Stat. 1808, provided that the amendment made by section
4002(c)(1) is effective Oct. 11, 1996.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 604(b)(33) of Pub. L. 104-294 effective
Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a
note under section 13 of this title.
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