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65 Convictions
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CITE

    18 USC Sec. 2423                                            01/05/2009

EXPCITE

    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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