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18 U.S.C. § 2422 – Coercion and enticement of minors into illegal sexual activity

Federal Criminal Trials: 18 U.S.C. § 2422 – Coercion and enticement of minors into illegal sexual activity

This law is a big deal and something you need to understand if you or someone you know ever gets charged with it. Let me break it down for you in simple terms.

What does this law say exactly?

Okay, so the official law is 18 U.S.C. § 2422. This federal law makes it illegal to convince, or try to convince, someone under 18 to have sex or engage in prostitution. That’s the gist of it.It’s got two main parts:

• Section (a) deals with adults. It says you can’t persuade an adult to engage in prostitution or other illegal sexual stuff. This part has up to 20 years in prison as a penalty.
• Section (b) deals specifically with minors under 18. This part has really harsh penalties – up to life in prison!

So in a nutshell, don’t try to convince minors to have sex or you could end up in very hot water.

How do they prosecute these charges?

For subsection (b) involving minors, the government has to prove a few key things:

• You used the internet, phone, mail or some other means of “interstate commerce” to reach out to the minor.
• You tried to persuade or convince the minor to have illegal sex. Actual sex doesn’t need to happen.
• The kid was under 18 at the time.
• You knew the kid was under 18 or were negligent about verifying their age.

So if they can show you tried to convince a minor online to meet up for sex, that’s enough to charge you under this law. Actual sexual activity doesn’t need to take place.

What are some common defenses people try?

Since section (b) is an “attempt” crime, some defenses aim to show the person didn’t really intend for sex to happen. For example:

• “It was just fantasy roleplay, I never planned to meet them.”
• “I was trying to catch predators, not actually have sex.”
• “It was entrapment by the police – they tricked me into this.”

Other defenses try to attack the evidence. For example:

• “I never actually sent those messages.”
• “The messages don’t prove I intended to persuade them.”
• “I wasn’t using the internet or phone, so it’s not interstate commerce.”

One issue that comes up a lot is the minor lying about their age. The prosecution has to prove you knew they were under 18. This can be tricky.

How bad are the penalties if convicted?

The penalties for subsection (b) are really harsh:

• Minimum 10 years in prison, up to life. Average sentence is around 25 years.
• Up to $250,000 in fines.
• 5 years to lifetime supervised release after prison.
• Sex offender registration.
• Restitution paid to the victim.

Judges do have some leeway to lower sentences but can’t go under 10 years minimum. The fines can stack on top of the prison time too.

Is this a controversial law?

Yes, the ACLU and other groups have raised issues with section 2422(b):

• It punishes free speech in some cases, like fantasy roleplay.
• The mandatory minimums are really harsh.
• Police sometimes entrap people rather than catching real predators.
• The law sweeps too broadly and punishes speech more than actions.

But it remains an important tool for protecting minors from predators. It will likely keep evolving with technology and communication changes.

What if I’m charged under this law?

If you or someone you care about gets charged under 18 U.S.C. §. An attorney can review the evidence closely and start building the strongest defense. This is not something you want to handle alone given the severe penalties. Don’t gamble with your life.