Solicitation of a Minor: 18 USC 2422 and 2423

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

What the Prosecution Must Establish to Convict Under 18 U.S.C. §§ 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 of child pornography, including films, videos, photographs, pictures, or any other materials created through 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 law does not limit the offender to one person. Anyone who intentionally and knowingly assists in coercion, transportation, or sexual activity can face prosecution.

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 must register as a sex offender for 15 years, 25 years, or for life. Failing to register can result in a separate criminal charge, carrying up to 10 years in federal prison and significant fines.

Terms of Federal Supervision

After serving their sentence, most individuals are subject to federal supervision for a period ranging from 5 years to life. Violation of these conditions will result in a second prosecution. Supervision may include:

• Using the Internet without prior authorization
• Visiting certain public places where children may be present
• Living near schools, parks, and child care facilities
• Possessing devices with Internet access

Psychological Evaluation and Mandatory Treatment

The court may order a mandatory forensic psychological evaluation. If it is determined that the defendant is prone to reoffending, compulsory treatment is possible. Authorities carry out the process both in places of detention and after release. These measures aim to minimize the risk

Compulsory Registration in The Sex Offenders’ Register

The law requires any person convicted of a qualifying sex offense to register in the national sex offender registry and to keep their information updated as mandated by legal authorities. Failure to register is punishable as a separate offense. The term of registration is 15, 25 years or life. However, failure to register is punishable by up to 10 years in prison.

Role of Defense in Post-Release Conditions

KAASS LAW provides legal assistance at all stages. Contact us for an evaluation of your situation.

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) 943-1171 to learn how our team can help you.