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Online Attorney
Words "Possession of the United States" were inserted in three
places in view of mission of said section 403 of title 18, U.S.C.,
1940 ed., and, reference in that section to the Canal Zone is
covered by those words. This chapter applies to the Territory of
Hawaii. (See Sun Chong Lee v. United States, C.C.A. Hawaii, 1942,
125 F. 2d 95.)
Section 404 of title 18, U.S.C., 1940 ed., containing the short
title was omitted as not appropriate in a revision.
Reference to persons causing, procuring, aiding or assisting was
deleted as unnecessary because such persons are made principals by
section 2 of this title.
Words "and upon conviction thereof" were also deleted as
surplusage since punishment cannot be imposed until a conviction is
secured.
Words "deemed guilty of a felony" were deleted as unnecessary in
view of the definition of a felony in section 1 of this title. (See
reviser's note under section 550 of this title.)
Minor changes were also made in translations and phraseology.
1949 ACT
This section [section 47] corrects a typographical error in
section 2421 of title 18, U.S.C.
AMENDMENTS
1998 - Pub. L. 105-314 inserted "or attempts to do so," before
"shall be fined" and substituted "10 years" for "five years".
1986 - Pub. L. 99-628 amended section generally. Prior to
amendment, section read as follows:
"Whoever knowingly transports in interstate or foreign commerce,
or in the District of Columbia or in any Territory or Possession of
the United States, any woman or girl for the purpose of
prostitution or debauchery, or for any other immoral purpose, or
with the intent and purpose to induce, entice, or compel such woman
or girl to become a prostitute or to give herself up to debauchery,
or to engage in any other immoral practice; or
"Whoever knowingly procures or obtains any ticket or tickets, or
any form of transportation or evidence of the right thereto, to be
used by any woman or girl in interstate or foreign commerce, or in
the District of Columbia or any Territory or Possession of the
United States, in going to any place for the purpose of
prostitution or debauchery, or for any other immoral purpose, or
with the intent or purpose on the part of such person to induce,
entice, or compel her to give herself up to the practice of
prostitution, or to give herself up to debauchery, or any other
immoral practice, whereby any such woman or girl shall be
transported in interstate or foreign commerce, or in the District
of Columbia or 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."
1949 - Act May 24, 1949, corrected spelling of "induce".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2253, 2254, 2255,
2516, 3142, 3486, 3583 of this title; title 8 section 1101; title
42 section 14135a.
-End-
-CITE-
18 USC Sec. 2422 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 117 - TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
-HEAD-
Sec. 2422. Coercion and enticement
-STATUTE-
(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 5 years and not more than 30 years.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 99-628, Sec.
5(b)(1), Nov. 7, 1986, 100 Stat. 3511; Pub. L. 100-690, title VII,
Sec. 7070, Nov. 18, 1988, 102 Stat. 4405; Pub. L. 104-104, title V,
Sec. 508, Feb. 8, 1996, 110 Stat. 137; Pub. L. 105-314, title I,
Sec. 102, Oct. 30, 1998, 112 Stat. 2975; Pub. L. 108-21, title I,
Sec. 103(a)(2)(A), (B), (b)(2)(A), Apr. 30, 2003, 117 Stat. 652,
653.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 399 (June 25, 1910, ch.
395, Sec. 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 deleted as
surplusage since punishment cannot be imposed until a conviction is
secured.
The references to persons causing, procuring, aiding or assisting
were omitted as unnecessary as such persons are made principals by
section 2 of this title.
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
2003 - Subsec. (a). Pub. L. 108-21, Sec. 103(a)(2)(A),
substituted "20 years" for "10 years".
Subsec. (b). Pub. L. 108-21, Sec. 103(a)(2)(B), (b)(2)(A),
substituted "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, Sec. 102(1), inserted "or
attempts to do so," before "shall be fined" and substituted "10
years" for "five years".
Subsec. (b). Pub. L. 105-314, Sec. 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 imprisoned 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, entices, 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 Possession of
the United States, for the purpose of prostitution or debauchery,
or for any other immoral purpose, 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 consent, 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 carriers in interstate or foreign commerce, or in the
District 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."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2253, 2254, 2255,
2516, 3142, 3486, 3559, 3583 of this title; title 8 section 1101;
title 42 section 14135a.
-End-
-CITE-
18 USC Sec. 2423 01/19/04
-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 5 years and not more than 30 years.
(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.)
-MISC1-
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
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2253, 2254, 2255,
2516, 3142, 3486, 3559, 3583 of this title; title 8 section 1101;
title 22 section 7104; title 42 section 14135a.
-End-
-CITE-
18 USC Sec. 2424 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 117 - TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
-HEAD-
Sec. 2424. Filing factual statement about alien individual
-STATUTE-
(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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 813; Pub. L. 91-452, title II,
Sec. 226, Oct. 15, 1970, 84 Stat. 930; Pub. L. 99
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