Collapse to view only § 2422. Coercion and enticement
- § 2421. Transportation generally
- § 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking
- § 2422. Coercion and enticement
- § 2423. Transportation of minors
- § 2424. Filing factual statement about alien individual
- § 2425. Use of interstate facilities to transmit information about a minor
- § 2426. Repeat offenders
- § 2427. Inclusion of offenses relating to child pornography in definition of sexual activity for which any person can be charged with a criminal offense
- § 2428. Forfeitures
- § 2429. Mandatory restitution
§ 2421. Transportation generally
(a)In General.—Whoever knowingly transports any individual 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, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
(b)Requests To Prosecute Violations by State Attorneys General.—
(1)In general.—The Attorney General shall grant a request by a State attorney general that a State or local attorney be cross designated to prosecute a violation of this section unless the Attorney General determines that granting the request would undermine the administration of justice.
(2)Reason for denial.—If the Attorney General denies a request under paragraph (1), the Attorney General shall submit to the State attorney general a detailed reason for the denial not later than 60 days after the date on which a request is received.
(Added Pub. L. 114–22, title III, § 303, May 29, 2015, 129 Stat. 255.)
§ 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking
(a)In General.—Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in 1
1 So in original.
section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both.(b)Aggravated Violation.—Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in 1 section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and—
(1) promotes or facilitates the prostitution of 5 or more persons; or
(2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 2
2 So in original. Probably should be followed by “section”.
1591(a),shall be fined under this title, imprisoned for not more than 25 years, or both.
(c)Civil Recovery.—Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court.
(d)Mandatory Restitution.—Notwithstanding sections 3
3 So in original. Probably should be “section”.
3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b).(e)Affirmative Defense.—It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted.
(Added Pub. L. 115–164, § 3(a), Apr. 11, 2018, 132 Stat. 1253.)
§ 2422. Coercion and enticement
(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in 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 or imprisoned not more than 20 years, or both.
(b) Whoever, using the mail or any facility or means of interstate or foreign commerce, 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 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.)
§ 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 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, 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 country, 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 permanent 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 commerce 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 affiliation 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 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 with intent to engage in any illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both.
(f)Attempt and Conspiracy.—Whoever attempts or conspires to violate subsection (a), (b), (c), (d), or (e) shall be punishable in the same manner as a completed violation of that subsection.
(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 territorial jurisdiction of the United States;
(2) any commercial sex act (as defined in section 1591) with a person under 18 years of age; or
(3) production of child pornography (as defined 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 conduct, as applicable, at the time of the transportation or travel.
(i)Defense.—In a prosecution under this section based on illicit sexual conduct as defined in subsection (g)(2), it is a defense, which the defendant must establish by clear and convincing 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.
(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;
§ 2424. Filing factual statement about alien individual
(a) Whoever keeps, maintains, controls, supports, or harbors in any house or place for the purpose of prostitution, or for any other immoral 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 individual, the place at which that individual is kept, and all facts as to the date of that individual’s entry into the United States, the port through which that individual entered, that individual’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, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien individual to file such statement concerning such alien individual with the Commissioner of Immigration and Naturalization; or
Whoever knowingly and willfully states falsely 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 country—
Shall be fined under this title or imprisoned not more than 10 years, or both.
(b) In any prosecution brought under this section, if it appears that any such statement required is not on file in the office of the Commissioner 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 information contained in the statement or any evidence 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, 108 Stat. 2147; Pub. L. 104–208, div. C, title III, § 325, Sept. 30, 1996, 110 Stat. 3009–629.)
§ 2425. Use of interstate facilities to transmit information about a minor
Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly initiates the transmission of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in 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, imprisoned not more than 5 years, or both.
(Added Pub. L. 105–314, title I, § 101(a), Oct. 30, 1998, 112 Stat. 2975.)
§ 2426. Repeat offenders
(a)Maximum Term of Imprisonment.—The maximum term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be 3 times the term of imprisonment otherwise provided by this chapter, unless section 3559(e) applies.
(b)Definitions.—In this section—
(1) the term “prior sex offense conviction” means a conviction for an offense—
(A) under this chapter, chapter 109A, chapter 110, or section 1591; or
(B) under State law for an offense consisting of conduct that would have been an offense under a chapter referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States; and
(2) the term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(Added Pub. L. 105–314, title I, § 104(a), Oct. 30, 1998, 112 Stat. 2976; amended Pub. L. 108–21, title I, § 106(b), Apr. 30, 2003, 117 Stat. 655; Pub. L. 110–457, title II, § 224(c), Dec. 23, 2008, 122 Stat. 5072; Pub. L. 115–392, § 11(2), Dec. 21, 2018, 132 Stat. 5255.)
§ 2427. Inclusion of offenses relating to child pornography in definition of sexual activity for which any person can be charged with a criminal offense
In this chapter, the term “sexual activity for which any person can be charged with a criminal offense” does not require interpersonal physical contact, and includes the production of child pornography, as defined in section 2256(8).
(Added Pub. L. 105–314, title I, § 105(a), Oct. 30, 1998, 112 Stat. 2977; amended
§ 2428. Forfeitures
(a)In General.—The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—
(1) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and
(2) any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation.
(b)Property Subject to Forfeiture.—
(1)In general.—The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
(B) Any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter.
(2)Applicability of chapter 46.—The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection.
(Added Pub. L. 109–164, title I, § 103(d)(1), Jan. 10, 2006, 119 Stat. 3563.)
§ 2429. Mandatory restitution
(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
(b)
(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim’s losses, as determined by the court under paragraph (3), and shall additionally require the defendant to pay the greater of the gross income or value to the defendant of the victim’s services, if the services constitute commercial sex acts as defined under section 1591.
(2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3) As used in this subsection, the term “full amount of the victim’s losses” has the same meaning as provided in section 2259(b)(3).
(c) The forfeiture of property under this section shall be governed by the provisions of section 413 (other than subsection (d) of such section) of the Controlled Substances Act (21 U.S.C. 853).
(d) As used in this section, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim’s estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.
(Added Pub. L. 115–392, § 3(a), Dec. 21, 2018, 132 Stat. 5251.)