Title 18 — Crimes and Criminal Procedure
Part I · Chapter 117 — Transportation for Illegal Sexual Activity and Related Crimes
§ 2423. Transportation of minors
Statutory text
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.
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.
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.
Illicit Sexual Conduct in Connection With Certain Organizations.—
Any citizen of the United States or alien admitted for permanent residence who—
is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce;
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
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.
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.
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.
Definition.—
As used in this section, the term “illicit sexual conduct” means—
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;
any commercial sex act (as defined in section 1591) with a person under 18 years of age; or
production of child pornography (as defined in section 2256(8)).
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 2423
June 25, 1948, ch. 645, 62 Stat. 812
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 812Protection of Children Against Sexual Exploitation Act of 1977
Pub. L. 95–225 § 3(a) · 92 Stat. 7
Substituted · 18 U.S.C. § 2423
Pub. L. 95–225 substituted “Transportation of minors” for “Coercion or enticement of minor female” in section catchline
Amended · 18 U.S.C. § 2423
Pub. L. 95–225 designated existing provision as subsec. (a)
Substituted · 18 U.S.C. § 2423
Pub. L. 95–225 substituted provisions relating to conduct prohibiting the transportation of minors for provisions relating to conduct prohibiting the coercion or enticement of a minor female
Added · 18 U.S.C. § 2423
Pub. L. 95–225 added subsec. (b)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(a) Section 2423 of title 18, United States Code, is amended to read as follows: “§ 2423. Transportation of minors “(a) Any person who transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of, any minor in interstate or foreign commerce, or within the District of Columbia or any territory or other possession of the United States, with the intent— “(1) that such minor engage in prostitution; or “(2) that such minor engage in prohibited sexual conduct, if such person so transporting, financing, causing, or facilitating movement knows or has reason to know that such prohibited sexual conduct will be commercially exploited by any person; Penalty. shall be fined not more than $10,000 or imprisoned not more than ten years, or both. “(b) As used in this section— Definitions. “(1) the term ‘minor’ means a person under the age of eighteen years; “(2) the term ‘prohibited sexual conduct’means— “(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; “(B) bestiality; “(C) masturbation; “(D) sadomasochistic abuse (for the purpose of sexual stimulation); or “(E) lewd exhibition of the genitals or pubic area of any person; and “(3) the term ‘commercial exploitation’ means having as a direct or indirect goal monetary or other material gain.”.Child Sexual Abuse and Pornography Act of 1986
Pub. L. 99–628 § 5(b)(1) · 100 Stat. 3510
Amended · 18 U.S.C. § 2423
Pub. L. 99–628 amended section generally, revising and restating as one paragraph provisions formerly contained in subsec. (a)
Struck · 18 U.S.C. § 2423
Pub. L. 99–628 striking out subsec. (b) which provided definitions
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) Chapter 117 of title 18, United States Code, is amended by striking out section 2421 and all that follows through section 2423 and inserting in lieu thereof the following: “§ 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, shall be fined under this title or imprisoned not more than five years, or both. “§ 2422. Coercion and enticement “Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate of 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, shall be fined under this title or imprisoned not more than five years, or both. “§ 2423. Transportation of minors “Whoever 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.”.Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XVI § 160001(g) · 108 Stat. 1796
Amended · 18 U.S.C. § 2423
Pub. L. 103–322, as amended by Pub. L. 104–294, § 604(b)(33)
Added · 18 U.S.C. § 2423
Pub. L. 103–322, as added subsec. (b)
Substituted · 18 U.S.C. § 2423
Pub. L. 103–322, as substituted “(a) Transportation With Intent To Engage in Criminal Sexual Activity.—A person who” for “Whoever”
Source evidence
Code amendment note
Pub. L. 103–322, as amended by Pub. L. 104–294, § 604(b)(33), added subsec. (b) and substituted “(a) Transportation With Intent To Engage in Criminal Sexual Activity.—A person who” for “Whoever”.Enacted provision · exact public law section
(g) Transportation of Minors.— Section 2423 of title 18, United States Code, is amended— (1) by striking “(a) Whoever” and inserting “(a) Transportation with Intent To Engage in Criminal Sexual Activity.—A person who”; and (2) by adding at the end the following new subsection: “(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 2245) 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 10 years, or both.”.Sex Crimes Against Children Prevention Act of 1995
Pub. L. 104–71 § 5 · 109 Stat. 774
Substituted · 18 U.S.C. § 2423(b)
Pub. L. 104–71 substituted “2246” for “2245”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–71 substituted “2246” for “2245”.Enacted provision · exact public law section
SEC. 5. TECHNICAL CORRECTION. Section 2423(b) of title 18, United States Code, is amended by striking “2245” and inserting “2246”.Economic Espionage Act of 1996
Pub. L. 104–294 § 604(b)(33) · 110 Stat. 3488
Amended · 18 U.S.C. § 2423
Pub. L. 104–294, § 604(b)(33), amended directory language of Pub. L. 103–322, § 160001(g). See 1994 Amendment note below
Source evidence
Code amendment note
Pub. L. 104–294, § 604(b)(33), amended directory language of Pub. L. 103–322, § 160001(g). See 1994 Amendment note below.Enacted provision · exact public law section
(33) Section 160001(g)(1) of Public Law 103–322 is amended by striking “(a) Whoever” and inserting “Whoever”.Economic Espionage Act of 1996
Pub. L. 104–294 § 601(b)(4) · 110 Stat. 3488
Repealed · 18 U.S.C. § 2423(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(4) Section 2423(b) of title 18, United States Code, is amended by striking “2245” and inserting “2246”.Protection of Children From Sexual Predators Act of 1998
Pub. L. 105–314 § 103(1) · 112 Stat. 2974
Added · 18 U.S.C. § 2423(a)
Pub. L. 105–314, § 103(1), added subsec. (a)
Struck · 18 U.S.C. § 2423(a)
Pub. L. 105–314, § 103(1), struck out former subsec. (a) which read as follows:
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–314, § 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.”
Enacted provision · exact public law section
(1) by striking subsection (a) and inserting the following: “(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, or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both”; andProtection of Children From Sexual Predators Act of 1998
Pub. L. 105–314 § 103(2) · 112 Stat. 2974
Substituted · 18 U.S.C. § 2423(b)
Pub. L. 105–314, § 103(2), substituted “15 years” for “10 years”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–314, § 103(2), substituted “15 years” for “10 years”.Enacted provision · exact public law section
(2) in subsection (b), by striking “10 years” and inserting “15 years”.Criminal Law Technical Amendments Act of 2002
Pub. L. 107–273 div. B title IV § 4002(c)(1) · 116 Stat. 1758
Repealed · 18 U.S.C. § 2423(b)
Pub. L. 107–273 repealed Pub. L. 104–294, § 601(b)(4). See 1996 Amendment note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–273 repealed Pub. L. 104–294, § 601(b)(4). See 1996 Amendment note below.Enacted provision · exact public law section
(1) Elimination of duplicate amendments.— Effective on the date of its enactment, paragraphs (1), (2), and (4) of section 601(b), paragraph (2) of section 601(d), paragraph (2) of section 601(f), paragraphs (1) and (2)(A) of section 601(j), paragraphs Effective date. (1) and (2) of section 601(k), subsection (d) of section 602, paragraph (4) of section 604(b), subsection (r) of section 605, and paragraph (2) of section 607(j) of the Economic Espionage Act of 1996 are repealed.Effective date note
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.Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 105(b) · 117 Stat. 650
Struck · 18 U.S.C. § 2423(a)
Pub. L. 108–21, § 105(b), struck out “or attempts to do so,” before “shall be fined”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–21, § 105(b), struck out “or attempts to do so,” before “shall be fined”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 2423(a) of title 18, United States Code, is amended by striking “or attempts to do so,”.Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 103(a)(2)(C) · 117 Stat. 650
Substituted · 18 U.S.C. § 2423(a)
Pub. L. 108–21, § 103(a)(2)(C), (b)(2)(B), substituted “and imprisoned not less than 5 years and” for “, imprisoned”
Substituted · 18 U.S.C. § 2423(a)
Pub. L. 108–21, § 103(a)(2)(C), (b)(2)(B), substituted “30 years” for “15 years, or both”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(C) in section 2423(a), by striking “15” and inserting “30”.Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003
Pub. L. 108–21 § 105(a) · 117 Stat. 650
Added · 18 U.S.C. § 2423(b)(g)
Pub. L. 108–21, § 105(a), added subsecs. (b) to (g)
Struck · 18 U.S.C. § 2423(b)(g)
Pub. L. 108–21, § 105(a), struck out former subsec. (b) which read as follows:
Source evidence
Code amendment note
Subsecs. (b) to (g). Pub. L. 108–21, § 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.”
Enacted provision · exact public law section
(a) In General.— Section 2423 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: “(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.” .Adam Walsh Child Protection and Safety Act of 2006
Pub. L. 109–248 title II § 204 · 120 Stat. 587
Substituted · 18 U.S.C. § 2423(a)
Pub. L. 109–248 substituted “10 years or for life” for “5 years and not more than 30 years”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–248 substituted “10 years or for life” for “5 years and not more than 30 years”.Enacted provision · exact public law section
SEC. 204. PENALTIES FOR CONDUCT RELATING TO CHILD PROSTITUTION. Section 2423(a) of title 18, United States Code, is amended by striking “5 years and not more than 30 years” and inserting “10 years or for life”.Violence Against Women Reauthorization Act of 2013
Pub. L. 113–4 title XII § 1211(b) · 127 Stat. 54
Inserted · 18 U.S.C. § 2423(c)
Pub. L. 113–4 inserted “or resides, either temporarily or permanently, in a foreign country” after “commerce”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–4 inserted “or resides, either temporarily or permanently, in a foreign country” after “commerce”.Enacted provision · exact public law section
(b) Engaging in Illicit Sexual Conduct in Foreign Places.— Section 2423(c) of title 18, United States Code, is amended by inserting “or resides, either temporarily or permanently, in a foreign country” after “commerce”.Justice for Victims of Trafficking Act of 2015
Pub. L. 114–22 § 111(a) · 129 Stat. 227
Inserted · 18 U.S.C. § 2423(f)
Pub. L. 114–22, § 111(a), inserted a dash after “means”
Amended · 18 U.S.C. § 2423(f)
Pub. L. 114–22, § 111(a), designated existing provisions containing designations (1) and (2) as pars. (1) and (2)
Added · 18 U.S.C. § 2423(f)
Pub. L. 114–22, § 111(a), added par. (3)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 114–22, § 111(a), inserted a dash after “means”, designated existing provisions containing designations (1) and (2) as pars. (1) and (2), and added par. (3).Enacted provision · exact public law section
(a) Clarifying That Child Pornography Producers Are Human Traffickers.— Section 2423(f) of title 18, United States Code, is amended— (1) by striking “means (1) a” and inserting the following: “means— “(1) a” ; (2) by striking “United States; or (2) any” and inserting the following: “United States; “(2) any” ; and (3) by striking the period at the end and inserting the following: “; or “(3) production of child pornography (as defined in section 2256(8)).” .Justice for Victims of Trafficking Act of 2015
Pub. L. 114–22 § 111(b) · 129 Stat. 227
Substituted · 18 U.S.C. § 2423(g)
Pub. L. 114–22, § 111(b), substituted “clear and convincing evidence” for “a preponderance of the evidence”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–22, § 111(b), substituted “clear and convincing evidence” for “a preponderance of the evidence”.Enacted provision · exact public law section
(b) Holding Sex Traffickers Accountable.— Section 2423(g) of title 18, United States Code, is amended by striking “a preponderance of the evidence” and inserting “clear and convincing evidence”.Abolish Human Trafficking Act of 2017
Pub. L. 115–392 § 14(1) · 132 Stat. 5250
Substituted · 18 U.S.C. § 2423(b)
Pub. L. 115–392, § 14(1), substituted “with a motivating purpose” for “for the purpose”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–392, § 14(1), substituted “with a motivating purpose” for “for the purpose”.Enacted provision · exact public law section
(1) in subsection (b), by striking “for the purpose” and inserting “with a motivating purpose”; andAbolish Human Trafficking Act of 2017
Pub. L. 115–392 § 14(2) · 132 Stat. 5250
Substituted · 18 U.S.C. § 2423(d)
Pub. L. 115–392, § 14(2), substituted “with a motivating purpose of engaging” for “for the purpose of engaging”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–392, § 14(2), substituted “with a motivating purpose of engaging” for “for the purpose of engaging”.Enacted provision · exact public law section
(2) in subsection (d), by striking “for the purpose of engaging” and inserting “with a motivating purpose of engaging”.Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(1) · 137 Stat. 136
Substituted · 18 U.S.C. § 2423(b)
Pub. L. 118–31, § 5102(c)(1), substituted “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”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–31, § 5102(c)(1), substituted “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”.Enacted provision · exact public law section
(1) in subsection (b), by striking “with a motivating purpose of engaging in any illicit sexual conduct with another person” and inserting “with intent to engage in any illicit sexual conduct with another person”;Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(d)(1) · 137 Stat. 136
Redesignated · 18 U.S.C. § 2423(d)
Pub. L. 118–31, § 5102(d)(1), added subsec. (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–31, § 5102(d)(1), added subsec. (d). Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(1) by inserting after subsection (c) the following: “(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.” ;Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(3) · 137 Stat. 136
Substituted · 18 U.S.C. § 2423(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 engaging in any illicit sexual conduct”, was executed by making the substitution for “with a motivating purpose of engaging in illicit sexual conduct” to reflect the probable intent of Congress
Source evidence
Code amendment note
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 engaging in any illicit sexual conduct”, was executed by making the substitution for “with a motivating purpose of engaging in illicit sexual conduct” to reflect the probable intent of Congress.Enacted provision · exact public law section
(3) in subsection (e), as so redesignated, by striking “with a motivating purpose of engaging in any illicit sexual conduct” and inserting “with intent to engage in any illicit sexual conduct”; andPreventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(2) · 137 Stat. 136
Redesignated · 18 U.S.C. § 2423(e)
Pub. L. 118–31, § 5102(c)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–31, § 5102(c)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).Enacted provision · exact public law section
(2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively;Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(2) · 137 Stat. 136
Redesignated · 18 U.S.C. § 2423(f)
Pub. L. 118–31, § 5102(c)(2), (d)(2), redesignated subsec. (e) as (f)
Redesignated · 18 U.S.C. § 2423(f)
Pub. L. 118–31, § 5102(c)(2), (d)(2), substituted “(d), or (e)” for “or (d)”. Former subsec. (f) redesignated (g)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 118–31, § 5102(c)(2), (d)(2), redesignated subsec. (e) as (f) and substituted “(d), or (e)” for “or (d)”. Former subsec. (f) redesignated (g).Enacted provision · exact public law section
(2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively;Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(2) · 137 Stat. 136
Redesignated · 18 U.S.C. § 2423(g)
Pub. L. 118–31, § 5102(c)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (i)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 118–31, § 5102(c)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (i).Enacted provision · exact public law section
(2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively;Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(4) · 137 Stat. 136
Added · 18 U.S.C. § 2423(h)
Pub. L. 118–31, § 5102(c)(4), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 118–31, § 5102(c)(4), added subsec. (h).Enacted provision · exact public law section
(4) by inserting after subsection (g), as so redesignated, the following: “(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.” .Preventing Child Sex Abuse Act of 2023
Pub. L. 118–31 § 5102(c)(2) · 137 Stat. 136
Redesignated · 18 U.S.C. § 2423(i)
Pub. L. 118–31, § 5102(c)(2), (d)(3), redesignated subsec. (g) as (i)
Substituted · 18 U.S.C. § 2423(i)
Pub. L. 118–31, § 5102(c)(2), (d)(3), substituted “(g)(2)” for “(f)(2)”
Source evidence
Code amendment note
Subsec. (i). Pub. L. 118–31, § 5102(c)(2), (d)(3), redesignated subsec. (g) as (i) and substituted “(g)(2)” for “(f)(2)”.Enacted provision · exact public law section
(2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively;
39 of 40 references resolved to an enrolled provision · 1 partial
Notes
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 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.
Editorial Notes
Amendments1978–2023 · 13 rounds
2023
Subsec. (b). Pub. L. 118–31, § 5102(c)(1), substituted “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 engaging in any illicit sexual conduct”, was executed by making the substitution for “with a motivating purpose 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), redesignated 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), redesignated 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 containing 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 country” 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 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, § 601(b)(4). See 1996 Amendment note below.
1998
Subsec. (a). Pub. L. 105–314, § 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, § 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 Amendment 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) 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).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Pub. L. 107–273, div. B, title IV, § 4002(c)(1), , 116 Stat. 1808, provided that the amendment made by section 4002(c)(1) is effective .
Effective Date of 1996 Amendment
Amendment by section 604(b)(33) of Pub. L. 104–294 effective , 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), , 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 National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, 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 develop symptoms of drug abuse.
“(B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults.
“(C) Victims are about 3 times more likely to experience a major depressive episode as adults.
“(5) The criminal justice system should and has acted as an important line of defense to protect children 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 Americans 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, significant, dominant, or motivating purpose of the travel.
“(10) Child sexual abuse does not require physical contact between the abuser and the child. This is especially 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 activity with a minor did not qualify as ‘sexual activity’.
“(12) Congress can address this issue by amending the definition of the term ‘sexual activity’ to clarify that it does not require interpersonal, physical contact.
“(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.”
Credits
1948–2023 · 14 acts
- 1948June 25, 1948, ch. 645, 62 Stat. 812
- 1978Pub. L. 95–225, § 3(a), , 92 Stat. 8
- 1986Pub. L. 99–628, § 5(b)(1), , 100 Stat. 3511
- 1994Pub. L. 103–322, title XVI, § 160001(g), , 108 Stat. 2037
- 1995Pub. L. 104–71, § 5, , 109 Stat. 774
- 1996Pub. L. 104–294, title VI, §§ 601(b)(4), 604(b)(33), , 110 Stat. 3499, 3508
- 1998Pub. L. 105–314, title I, § 103, , 112 Stat. 2976
- 2002Pub. L. 107–273, div. B, title IV, § 4002(c)(1), , 116 Stat. 1808
- 2003Pub. L. 108–21, title I, §§ 103(a)(2)(C), (b)(2)(B), 105, , 117 Stat. 652, 653
- 2006Pub. L. 109–248, title II, § 204, , 120 Stat. 613
- 2013Pub. L. 113–4, title XII, § 1211(b), , 127 Stat. 142
- 2015Pub. L. 114–22, title I, § 111, , 129 Stat. 240
- 2018Pub. L. 115–392, § 14, , 132 Stat. 5256
- 2023Pub. L. 118–31, div. E, title LI, § 5102(c), (d), , 137 Stat. 934.
Show as published
(June 25, 1948, ch. 645, 62 Stat. 812; Pub. L. 95–225, § 3(a), , 92 Stat. 8; Pub. L. 99–628, § 5(b)(1), , 100 Stat. 3511; Pub. L. 103–322, title XVI, § 160001(g), , 108 Stat. 2037; Pub. L. 104–71, § 5, , 109 Stat. 774; Pub. L. 104–294, title VI, §§ 601(b)(4), 604(b)(33), , 110 Stat. 3499, 3508; Pub. L. 105–314, title I, § 103, , 112 Stat. 2976; Pub. L. 107–273, div. B, title IV, § 4002(c)(1), , 116 Stat. 1808; Pub. L. 108–21, title I, §§ 103(a)(2)(C), (b)(2)(B), 105, , 117 Stat. 652, 653; Pub. L. 109–248, title II, § 204, , 120 Stat. 613; Pub. L. 113–4, title XII, § 1211(b), , 127 Stat. 142; Pub. L. 114–22, title I, § 111, , 129 Stat. 240; Pub. L. 115–392, § 14, , 132 Stat. 5256; Pub. L. 118–31, div. E, title LI, § 5102(c), (d), , 137 Stat. 934.)