CHAPTER 117—TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES

        

Editorial Notes

Amendments

2018—Pub. L. 115–392, §3(b), Dec. 21, 2018, 132 Stat. 5251, added item 2429.

Pub. L. 115–164, §3(b), Apr. 11, 2018, 132 Stat. 1254, added item 2421A.

2006—Pub. L. 109–164, title I, §103(d)(2), Jan. 10, 2006, 119 Stat. 3563, added item 2428.

1998—Pub. L. 105–314, title I, §§101(b), 104(b), 105(b), Oct. 30, 1998, 112 Stat. 2975–2977, added items 2425, 2426, and 2427.

1988—Pub. L. 100–690, title VII, §7071, Nov. 18, 1988, 102 Stat. 4405, substituted "individual" for "female" in item 2424.

1986—Pub. L. 99–628, §5(a)(1), (b)(2), Nov. 7, 1986, 100 Stat. 3511, substituted "TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES" for "WHITE SLAVE TRAFFIC" as chapter heading and substituted "and enticement" for "or enticement of female" in item 2422.

1978—Pub. L. 95–225, §3(b), Feb. 6, 1978, 92 Stat. 9, substituted "Transportation of minors" for "Coercion or enticement of minor female" in item 2423.

§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.)

Editorial Notes

Prior Provisions

A prior section 2421, act June 25, 1948, ch. 645, 62 Stat. 812; May 24, 1949, ch. 139, §47, 63 Stat. 96; Pub. L. 99–628, §5(b)(1), Nov. 7, 1986, 100 Stat. 3511; Pub. L. 105–314, title I, §106, Oct. 30, 1998, 112 Stat. 2977, related to transportation of individuals generally, prior to repeal by 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 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 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 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.)

¹ So in original.

² So in original. Probably should be followed by "section".

³ So in original. Probably should be "section".

§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.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §399 (June 25, 1910, ch. 395, §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.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–248 substituted "not less than 10 years or for life" for "not less than 5 years and not more than 30 years".

2003—Subsec. (a). Pub. L. 108–21, §103(a)(2)(A), substituted "20 years" for "10 years".

Subsec. (b). Pub. L. 108–21, §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, §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, §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."

§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; Pub. L. 107–273, div. B, title IV, §4002(c)(1), Nov. 2, 2002, 116 Stat. 1808; Pub. L. 108–21, title I, §§103(a)(2)(C), (b)(2)(B), 105, Apr. 30, 2003, 117 Stat. 652, 653; Pub. L. 109–248, title II, §204, July 27, 2006, 120 Stat. 613; Pub. L. 113–4, title XII, §1211(b), Mar. 7, 2013, 127 Stat. 142; Pub. L. 114–22, title I, §111, May 29, 2015, 129 Stat. 240; Pub. L. 115–392, §14, Dec. 21, 2018, 132 Stat. 5256; Pub. L. 118–31, div. E, title LI, §5102(c), (d), Dec. 22, 2023, 137 Stat. 934.)

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

Amendments

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), 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.

Sense of Congress

Pub. L. 118–31, div. E, title LI, §5102(b), Dec. 22, 2023, 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."

§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.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §402(2), (3) (June 25, 1910, ch. 395, §6, 36 Stat. 826).

First paragraph of section 402 of title 18, U.S.C., 1940 ed., was omitted from this section and recommended for transfer to Title 8, Aliens and Nationality.

Words "shall be deemed guilty of a misdemeanor" were omitted as unnecessary in view of the definition of a misdemeanor in section 1 of this title. (See reviser's note under section 212 of this title.)

Minor changes were made in phraseology.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–208, §325(1), in first par. substituted "individual, knowing or in reckless disregard of the fact that the individual is an alien" for "alien individual within three years after that individual has entered the United States from any country, party to the arrangement adopted July 25, 1902, for the suppression of the white-slave traffic" and struck out "alien" after "the name of such".

Pub. L. 104–208, §325(2), in second par. substituted "five business" for "thirty" and struck out "within three years after that individual has entered the United States from any country, party to the said arrangement for the suppression of the white-slave traffic," after "any alien individual".

Pub. L. 104–208, §325(3), substituted "10" for "two" in last par.

1994—Subsec. (a). Pub. L. 103–322 substituted "fined under this title" for "fined not more than $2,000" in last par.

1986—Pub. L. 99–628, §5(c)(1), substituted "individual" for "female" in section catchline.

Subsec. (a). Pub. L. 99–628, §5(c)(2)–(4), (6), substituted "individual" for "woman or girl", "that individual" for "she", "that individual's" for "her", and "that person's" for "his" wherever appearing.

Subsec. (b). Pub. L. 99–628, §5(c)(5), substituted "that person" for "him" wherever appearing.

1970—Subsec. (b). Pub. L. 91–452 substituted provisions that no information contained in the statement or any evidence directly or indirectly derived from such information 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, for provisions that no person be prosecuted or subjected to any penalty or forfeiture under any law of the United States for or on account of any transaction, etc., truthfully reported in his statement.

Statutory Notes and Related Subsidiaries

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.

§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.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–392, §11(2)(A), substituted "3 times" for "twice".

Subsec. (b)(1)(B). Pub. L. 115–392, §11(2)(B), substituted "subparagraph (A)" for "paragraph (1)".

2008—Subsec. (b)(1)(A). Pub. L. 110–457 substituted "chapter 110, or section 1591" for "or chapter 110".

2003—Subsec. (a). Pub. L. 108–21 inserted ", unless section 3559(e) applies" before period at end.

§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 Pub. L. 118–31, div. E, title LI, §5102(e), Dec. 22, 2023, 137 Stat. 935.)

Editorial Notes

Amendments

2023—Pub. L. 118–31 inserted "does not require interpersonal physical contact, and" before "includes".

§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.)