18 U.S.C. § 2423 — Transportation of minors

Page 621 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2423 within the special maritime and territorial ju- risdiction of the United States knowingly per- suades, induces, entices, or coerces any indi- vidual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life. (June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 99–628, § 5(b)(1), Nov. 7, 1986, 100 Stat. 3511; Pub. L. 100–690, title VII, § 7070, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 104–104, title V, § 508, Feb. 8, 1996, 110 Stat. 137; Pub. L. 105–314, title I, § 102, Oct. 30, 1998, 112 Stat. 2975; Pub. L. 108–21, title I, § 103(a)(2)(A), (B), (b)(2)(A), Apr. 30, 2003, 117 Stat. 652, 653; Pub. L. 109–248, title II, § 203, July 27, 2006, 120 Stat. 613.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 399 (June 25, 1910, ch. 395, § 3, 36 Stat. 825). 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 de- leted as surplusage since punishment cannot be im- posed until a conviction is secured. The references to persons causing, procuring, aiding or assisting were omitted as unnecessary as such per- sons are made principals by section 2 of this title. Words ‘‘Possession of the United States’’ were in- serted twice. (See reviser’s note under section 2421 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–248 substituted ‘‘not less than 10 years or for life’’ for ‘‘not less than 5 years and not more than 30 years’’. 2003—Subsec. (a). Pub. L. 108–21, § 103(a)(2)(A), sub- stituted ‘‘20 years’’ for ‘‘10 years’’. Subsec. (b). Pub. L. 108–21, § 103(a)(2)(B), (b)(2)(A), sub- stituted ‘‘and imprisoned not less than 5 years and’’ for ‘‘, imprisoned’’ and ‘‘30 years’’ for ‘‘15 years, or both’’. 1998—Subsec. (a). Pub. L. 105–314, § 102(1), inserted ‘‘or attempts to do so,’’ before ‘‘shall be fined’’ and sub- stituted ‘‘10 years’’ for ‘‘five years’’. Subsec. (b). Pub. L. 105–314, § 102(2), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘Whoever, using any facility or means of interstate or foreign commerce, including the mail, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years to engage in prostitution or any sexual act for which any person may be criminally prosecuted, or attempts to do so, shall be fined under this title or im- prisoned not more than 10 years, or both.’’ 1996—Pub. L. 104–104 designated existing provisions as subsec. (a) and added subsec. (b). 1988—Pub. L. 100–690 substituted ‘‘or’’ for ‘‘of’’ before ‘‘foreign commerce’’. 1986—Pub. L. 99–628 substituted ‘‘and enticement’’ for ‘‘or enticement of female’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Whoever knowingly persuades, induces, en- tices, or coerces any woman or girl to go from one place to another in interstate or foreign commerce, or in the District of Columbia or in any Territory or Pos- session of the United States, for the purpose of pros- titution or debauchery, or for any other immoral pur- pose, or with the intent and purpose on the part of such person that such woman or girl shall engage in the practice of prostitution or debauchery, or any other immoral practice, whether with or without her con- sent, and thereby knowingly causes such woman or girl to go and to be carried or transported as a passenger upon the line or route of any common carrier or car- riers in interstate or foreign commerce, or in the Dis- trict of Columbia or in any Territory or Possession of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both.’’ § 2423. Transportation of minors (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 for- eign commerce, or in any commonwealth, terri- tory or possession of the United States, with in- tent 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 ad- mitted for permanent residence in the United States who travels in foreign commerce, with intent to engage 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 coun- try, 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) ILLICIT SEXUAL CONDUCT IN CONNECTION WITH CERTAIN ORGANIZATIONS.—Any citizen of the United States or alien admitted for perma- nent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign com- merce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or af- filiation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. (e) ANCILLARY OFFENSES.—Whoever, for the purpose of commercial advantage or private fi- nancial gain, arranges, induces, procures, or fa- cilitates the travel of a person knowing that such a person is traveling in interstate com- merce or foreign commerce with intent to en- gage in any illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both. (f) ATTEMPT AND CONSPIRACY.—Whoever at- tempts or conspires to violate subsection (a), (b), (c), (d), or (e) shall be punishable in the same manner as a completed violation of that sub- section. Page 622 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2423 (g) 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 terri- torial jurisdiction of the United States; (2) any commercial sex act (as defined in sec- tion 1591) with a person under 18 years of age; or (3) production of child pornography (as de- fined in section 2256(8)). (h) RULE OF CONSTRUCTION.—As used in this section, the term ‘‘intent’’ shall be construed as any intention to engage in prostitution, sexual activity for which any person can be charged with a criminal offense, or illicit sexual con- duct, as applicable, at the time of the transpor- tation or travel. (i) DEFENSE.—In a prosecution under this sec- tion based on illicit sexual conduct as defined in subsection (g)(2), it is a defense, which the de- fendant must establish by clear and convincing evidence, that the defendant reasonably believed that the person with whom the defendant en- gaged in the commercial sex act had attained the age of 18 years. (June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 95–225, § 3(a), Feb. 6, 1978, 92 Stat. 8; Pub. L. 99–628, § 5(b)(1), Nov. 7, 1986, 100 Stat. 3511; Pub. L. 103–322, title XVI, § 160001(g), Sept. 13, 1994, 108 Stat. 2037; Pub. L. 104–71, § 5, Dec. 23, 1995, 109 Stat. 774; Pub. L. 104–294, title VI, §§ 601(b)(4), 604(b)(33), Oct. 11, 1996, 110 Stat. 3499, 3508; Pub. L. 105–314, title I, § 103, Oct. 30, 1998, 112 Stat. 2976; Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. 1808; Pub. L. 108–21, title I, §§ 103(a)(2)(C), (b)(2)(B), 105, Apr. 30, 2003, 117 Stat. 652, 653; Pub. L. 109–248, title II, § 204, July 27, 2006, 120 Stat. 613; Pub. L. 113–4, title XII, § 1211(b), Mar. 7, 2013, 127 Stat. 142; Pub. L. 114–22, title I, § 111, May 29, 2015, 129 Stat. 240; Pub. L. 115–392, § 14, Dec. 21, 2018, 132 Stat. 5256; Pub. L. 118–31, div. E, title LI, § 5102(c), (d), Dec. 22, 2023, 137 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 400 (June 25, 1910, ch. 395, § 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 de- leted as surplusage since punishment cannot be im- posed until a conviction is secured. Words ‘‘Possession of the United States’’ were in- serted twice. (See reviser’s note under section 2421 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31, § 5102(c)(1), sub- stituted ‘‘with intent to engage in any illicit sexual conduct with another person’’ for ‘‘with a motivating purpose of engaging in any illicit sexual conduct with another person’’. Subsec. (d). Pub. L. 118–31, § 5102(d)(1), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 118–31, § 5102(c)(3), which directed substitution of ‘‘with intent to engage in any illicit sexual conduct’’ for ‘‘with a motivating purpose of en- gaging in any illicit sexual conduct’’, was executed by making the substitution for ‘‘with a motivating pur- pose of engaging in illicit sexual conduct’’ to reflect the probable intent of Congress. Pub. L. 118–31, § 5102(c)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 118–31, § 5102(c)(2), (d)(2), redesig- nated subsec. (e) as (f) and substituted ‘‘(d), or (e)’’ for ‘‘or (d)’’. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 118–31, § 5102(c)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (i). Subsec. (h). Pub. L. 118–31, § 5102(c)(4), added subsec. (h). Subsec. (i). Pub. L. 118–31, § 5102(c)(2), (d)(3), redesig- nated subsec. (g) as (i) and substituted ‘‘(g)(2)’’ for ‘‘(f)(2)’’. 2018—Subsec. (b). Pub. L. 115–392, § 14(1), substituted ‘‘with a motivating purpose’’ for ‘‘for the purpose’’. Subsec. (d). Pub. L. 115–392, § 14(2), substituted ‘‘with a motivating purpose of engaging’’ for ‘‘for the purpose of engaging’’. 2015—Subsec. (f). Pub. L. 114–22, § 111(a), inserted a dash after ‘‘means’’, designated existing provisions con- taining designations (1) and (2) as pars. (1) and (2), and added par. (3). Subsec. (g). Pub. L. 114–22, § 111(b), substituted ‘‘clear and convincing evidence’’ for ‘‘a preponderance of the evidence’’. 2013—Subsec. (c). Pub. L. 113–4 inserted ‘‘or resides, either temporarily or permanently, in a foreign coun- try’’ after ‘‘commerce’’. 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, § 105(b), struck out ‘‘or attempts to do so,’’ before ‘‘shall be fined’’. Pub. L. 108–21, § 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’’. Subsecs. (b) to (g). Pub. L. 108–21, § 105(a), added sub- secs. (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 cit- izen 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, § 601(b)(4). See 1996 Amendment note below. 1998—Subsec. (a). Pub. L. 105–314, § 103(1), added sub- sec. (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 ac- tivity for which any person can be charged with a criminal offense, shall be fined under this title or im- prisoned not more than ten years, or both.’’ Subsec. (b). Pub. L. 105–314, § 103(2), substituted ‘‘15 years’’ for ‘‘10 years’’. 1996—Pub. L. 104–294, § 604(b)(33), amended directory language of Pub. L. 103–322, § 160001(g). See 1994 Amend- ment note below. Subsec. (b). Pub. L. 104–294, § 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, § 604(b)(33), added subsec. (b) and substituted ‘‘(a) Page 623 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2424 TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.—A person who’’ for ‘‘Whoever’’. 1986—Pub. L. 99–628 amended section generally, revis- ing 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 entice- ment of a minor female, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–273, div. B, title IV, § 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 ef- fective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title. SENSE OF CONGRESS Pub. L. 118–31, div. E, title LI, § 5102(b), Dec. 22, 2023, 137 Stat. 933, provided that: ‘‘The sense of Congress is the following: ‘‘(1) The safety of children should be a top priority for public officials and communities in the United States. ‘‘(2) According to the Rape, Abuse & Incest Na- tional Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 min- utes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. ‘‘(3) The effects of child sexual abuse can be long- lasting and affect the victim’s mental health. ‘‘(4) Victims are more likely than non-victims to experience the following mental health challenges: ‘‘(A) Victims are about 4 times more likely to de- velop symptoms of drug abuse. ‘‘(B) Victims are about 4 times more likely to ex- perience post-traumatic stress disorder as adults. ‘‘(C) Victims are about 3 times more likely to ex- perience a major depressive episode as adults. ‘‘(5) The criminal justice system should and has acted as an important line of defense to protect chil- dren and hold perpetrators accountable. ‘‘(6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. ‘‘(7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. ‘‘(8) It is the intent of Congress to prohibit Ameri- cans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. ‘‘(9) Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, sig- nificant, dominant, or motivating purpose of the travel. ‘‘(10) Child sexual abuse does not require physical contact between the abuser and the child. This is es- pecially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. ‘‘(11) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative ac- tivity with a minor did not qualify as ‘sexual activ- ity’. ‘‘(12) Congress can address this issue by amending the definition of the term ‘sexual activity’ to clarify that it does not require interpersonal, physical con- tact. ‘‘(13) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law.’’ § 2424. Filing factual statement about alien indi- vidual (a) Whoever keeps, maintains, controls, sup- ports, or harbors in any house or place for the purpose of prostitution, or for any other im- moral purpose, any individual, knowing or in reckless disregard of the fact that the individual is an alien, shall file with the Commissioner of Immigration and Naturalization a statement in writing setting forth the name of such indi- vidual, the place at which that individual is kept, and all facts as to the date of that individ- ual’s entry into the United States, the port through which that individual entered, that in- dividual’s age, nationality, and parentage, and concerning that individual’s procuration to come to this country within the knowledge of such person; and Whoever fails within five business days after commencing to keep, maintain, control, sup- port, or harbor in any house or place for the pur- pose of prostitution, or for any other immoral purpose, any alien individual to file such state- ment concerning such alien individual with the Commissioner of Immigration and Naturaliza- tion; or Whoever knowingly and willfully states false- ly or fails to disclose in such statement any fact within that person’s knowledge or belief with reference to the age, nationality, or parentage of any such alien individual, or concerning that individual’s procuration to come to this coun- try— Shall be fined under this title or imprisoned not more than 10 years, or both. (b) In any prosecution brought under this sec- tion, if it appears that any such statement re- quired is not on file in the office of the Commis- sioner of Immigration and Naturalization, the person whose duty it is to file such statement shall be presumed to have failed to file said statement, unless such person or persons shall prove otherwise. No person shall be excused from furnishing the statement, as required by this section, on the ground or for the reason that the statement so required by that person, or the information therein contained, might tend to criminate that person or subject that person to a penalty or forfeiture, but no infor- mation contained in the statement or any evi- dence which is directly or indirectly derived from such information may be used against any person making such statement in any criminal case, except a prosecution for perjury, giving a false statement or otherwise failing to comply with this section. (June 25, 1948, ch. 645, 62 Stat. 813; Pub. L. 91–452, title II, § 226, Oct. 15, 1970, 84 Stat. 930; Pub. L. 99–628, § 5(c), Nov. 7, 1986, 100 Stat. 3511; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994,