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Laws Concerning Child Prostitution
Federal Laws
State Laws
Federal Laws
18 U.S.C. § 1591 (2008)
§ 1591. SEX TRAFFICKING OF CHILDREN BY FORCE, FRAUD,
OR COERCION
(a) Whoever knowingly--
(1) in or affecting interstate or foreign commerce, or within
the special maritime and territorial jurisdiction of the United States, recruits,
entices, harbors, transports, provides, or obtains by any means a person; or
(2) benefits, financially or by receiving anything of value,
from participation in a venture which has engaged in an act described in violation
of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2) will be
used to cause the person to engage in a commercial sex act, or that the person
has not attained the age of 18 years and will be caused to engage in a commercial
sex act, shall be punished as provided in subsection (b).
(b) The punishment for an offense under subsection (a) is--
(1) if the offense was effected by force, fraud, or coercion
or if the person recruited, enticed, harbored, transported, provided, or obtained
had not attained the age of 14 years at the time of such offense, by a fine under
this title and imprisonment for any term of years not less than 15 or for life;
or
(2) if the offense was not so effected, and the person recruited,
enticed, harbored, transported, provided, or obtained had attained the age of
14 years but had not attained the age of 18 years at the time of such offense,
by a fine under this title and imprisonment for not less than 10 years or for
life.
(c) In this section:
(1) The term "commercial sex act" means any sex act,
on account of which anything of value is given to or received by any person.
(2) The term "coercion" means--
(A) threats of serious harm to or physical restraint
against any person;
(B) any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would result in serious harm
to or physical restraint against any person; or
(C) the abuse or threatened abuse of law or the
legal process.
(3) The term "venture" means any group of two or
more individuals associated in fact, whether or not a legal entity.
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18 U.S.C. § 2421 (2008)
§ 2421. TRANSPORTATION GENERALLY
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.
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18 U.S.C. § 2422 (2008)
§ 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.
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18 U.S.C. § 2423 (2008)
§ 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, 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 [18
USCS § 2246]) with a person under 18 years of age that would
be in violation of chapter 109A [18
USCS §§ 2241 et seq.] 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 [18
USCS § 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.
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State Laws
Child prostitution is illegal in all 50 states and the District of Columbia.
For information regarding your state’s laws, please contact your state
government’s website or the agency listed below.
The National Center for Prosecution of Child Abuse
American Prosecutors Research Institute
Suite 110
44 Canal Center Plaza
Alexandria, VA 22314
Telephone: 703-549-9222
Fax: 703-836-3195
http://www.ndaa.org/apri/index.html
Please note that we provide this information as a public service. The National
Center for Missing & Exploited Children does not sponsor or endorse
this group.
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