Coercion, Enticement, and Transportation for Prostitution - 18 U.S. Code §§ 2421, 2422
Sex trafficking is a serious federal offense in the United States, prosecuted with utmost severity. While prostitution is often a misdemeanor in most states, the act of recruiting or coercing others into prostitution, especially when they are transported across state or international boundaries, escalates it to a federal crime of the highest order.
If you're accused of this activity, you could be charged under 18 U.S. Codes 2421 and 2422, with a possible maximum combined sentence of up to 30 years in prison. This is a stark reminder of the severe legal consequences.
18 U.S. Code 2421 Transportation generally says, "(a) In General. Whoever knowingly transports any individual in interstate or foreign commerce, or any Territory or Possession of the United States, with the intent that such individual engages 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."
18 U.S. Code 2422 Coercion and enticement says, "(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."
As noted, federal prosecutors typically use these two statutes to prosecute sex trafficking across state lines: transportation for prostitution (18 U.S.C. 2421) and enticement or coercion for prostitution (18 U.S.C. 2422). Let's look at each of these and see how they work together.
18 U.S. Code 2421 - Transportation Generally
18 U.S. Code 2421 criminalizes the transportation of individuals across state or international borders with the intent to engage them in prostitution or other criminal sexual activities. The law applies to anyone who knowingly facilitates or attempts such transportation. To secure a conviction under this statute, prosecutors must prove three key things:
- You transported an individual across state or national lines.
- You knowingly and purposely participated in or facilitated the transportation and
- You intended for the individual to engage in prostitution or "any criminal sexual activity."
Importantly, this offense may be charged even if no illegal sexual activity took place; if you had the intent of pressing the individual into prostitution when transporting them across state lines, it is enough to charge you for the crime. A conviction under 18 U.S.C. 2421 may result in up to 10 years in prison, along with possible stiff fines.
18 U.S. Code 2422 - Coercion and Enticement
This law deals with the "recruitment" side of sex trafficking, making it a federal crime to entice or force an individual to cross state or international lines for the purpose of engaging in criminal sexual activity. A conviction under this statute requires proof of the following:
- You utilized persuasion, inducements, intimidation/threats, or physical force to get an individual to engage in illegal sexual activities and
- You were involved in "interstate or foreign commerce" in the process. This could be either having the victim cross state or international boundaries to engage in prostitution or using the mail or digital platforms to entice them.
A conviction under this statute can be quite severe. If the victim is an adult, the penalty is up to 20 years in prison. If the victim was under 18, a conviction carries a mandatory minimum sentence of 10 years, all the way up to life imprisonment.
How Do These Laws Intersect?
These statutes are frequently charged in tandem during federal prosecutions of sex trafficking operations because they address both the act of procuring sexual victims and transporting them (the entire "supply chain," if you will).
By combining these charges, prosecutors can pursue lengthier sentences and address the multifaceted nature of trafficking schemes, a reminder of the complexity of these legal issues.
Federal authorities also rely on these laws to address crimes facilitated over the Internet. For instance, using online platforms to entice individuals into prostitution (even without physical transportation) can result in charges under 18 U.S.C. 2422.
If an individual so recruited travels across state or national boundaries in response, 18 U.S.C. 2421 becomes applicable, further strengthening the government's case.
Federal prosecutors often use these dual charges to pressure defendants into plea deals, as each offense carries significant penalties under the sentencing guidelines. Understanding how these charges interplay is vital to building an effective defense and navigating the potential for plea deals.
What are Related Federal Laws?
18 U.S. Code Chapter 117 Transportation for Illegal Sexual Activity and Related Crimes includes the following federal laws:
- 18 U.S.C. 2421 - Transportation generally.
- 18 U.S.C. 2421A - Promotion or facilitation of prostitution and reckless disregard of sex trafficking.
- 18 U.S.C. 2422 - Coercion and enticement.
- 18 U.S.C. 2423 - Transportation of minors.
- 18 U.S.C. 2424 - Filing factual statements about alien individuals.
- 18 U.S.C. 2425 - Use of interstate facilities to transmit information about a minor.
- 18 U.S.C. 2426 - Repeat offenders.
- 18 U.S.C. 2427 - Offenses relating to child pornography in the definition of sexual activity when someone can be charged with a criminal offense.
- 18 U.S.C. 2428 - Forfeitures.
- 18 U.S.C. 2429 - Mandatory restitution
What are the Defense Strategies Against Sections 2421 and 2422 Charges?
If you're facing charges under these statutes, it's critical to engage an experienced federal criminal defense attorney. Below are some common defense strategies attorneys may employ.
- Lack of Intent: Your attorney may argue that you had innocent purposes in convincing the individual to travel or in transporting them and that there was no intent to press them into prostitution.
- No Interstate Commerce: If the individual in question never crossed state lines, or you did not entice them to do so, the crime cannot be charged federally, although it may still be charged in state court.
- Entrapment: If law enforcement pressured you to do something you would not have done otherwise (for example, as part of a sex trafficking sting operation), this classifies as entrapment. If your attorney can prove this, the charges may be dismissed.
- Evidence Suppression: Your attorney may move to exclude any evidence obtained through unconstitutional searches, seizures, or coercion.
- Negotiating Lesser Charges: Focus on plea deals for reduced charges or sentences.
For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.
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