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When Does a Sex Crime Become a Federal Crime?

Posted by Dmitry Gorin | Jan 27, 2025

Many sex crimes under California state law are simultaneously violations of federal law. In cases where there is an overlap between federal and state law, the federal government often defers to states to prosecute these offenses to avoid dual prosecutions while respecting the state's role in handling local matters.

That said, there are certain circumstances (especially pertaining to sex offenses) where federal law takes precedence, and federal authorities will step in to prosecute these crimes directly.

When Does a Sex Crime Become a Federal Crime?
A California sex crime can become a federal crime when it meets certain criteria, such as crossing state lines.

When this happens, individuals accused may face the possibility of federal penalties, which are typically more severe than those at the state level.

A sex crime in California becomes a federal crime when it meets certain criteria, such as crossing state lines, involving federal property, such as occurring on federal property, such as a military base, national park, or federal building.

A state sex crime also becomes a federal crime when it violates federal laws, such as the Mann Act or the Adam Walsh Act. Also, when an offender is arrested or investigated by a federal officer or when the crime directly affects federal institutions, such as a prison run by the federal government

More commonly, however, it becomes a federal sex offense when it involves the internet (online). Sometimes, if the sexual offense is exceptionally severe, it could trigger federal criminal laws.

Federal sex crimes are prosecuted in federal court, which can result in harsher penalties than in state court. Some examples of federal sex crimes include trafficking minors across state lines for sexual exploitation or federal child pornography distributed across state borders.

Another example includes sexual abuse of a child in a prison or facility run by the federal government. Prosecutors at both the state and federal levels determine which court will prosecute the crime.

When Does Federal Law Take Precedence?

Federal law governs crimes that involve particular conditions or circumstances beyond the scope of state authority. For a California sex crime to be prosecuted as a federal crime, one or more of the following conditions below must typically apply.

Crossing State Lines

Sex crimes involving interstate activities automatically fall under federal jurisdiction. For example, if an individual crosses state lines to engage in illegal sexual activity, such as solicitation or sexual abuse, it becomes a federal offense. This also includes crimes in which the victim is transported across state lines.

Federal Sex Crime Laws

Use of Federal Infrastructure

The use of federal infrastructure, like the internet, mail, or phone systems, in connection with a sex crime often leads to federal charges.

Many offenses, including the production, possession, or distribution of illegal materials such as child pornography, involve digital communication or mailing systems, placing them squarely within federal jurisdiction.

Crimes Committed on Federal Property

Sex crimes that take place on federal property are exclusively prosecuted under federal law. Examples include sex offenses committed in national parks, military bases, federal prisons, or other federally owned buildings. This is because the state government has no authority over actions occurring on federally controlled land.

Offenses Against Federal Employees or Officials

Sex crimes committed against federal employees, such as sexual assault of military personnel, federal law enforcement agents, or similar staff, may trigger federal charges. These cases are handled in federal courts to ensure broader enforcement of federal protections.

When any of these factors occur, the federal government has a compelling rationale for involvement, and individuals accused of such offenses face an elevated level of prosecutorial power.

Specific Sex Offenses Often Prosecuted as Federal Crimes

Beyond the conditions outlined above, certain types of sex crimes are often prioritized for prosecution at the federal level, even though they may overlap with California law. This is due to the nature of the offenses, the extent of their impact, or the resources required for enforcement. These types of offenses include:

  • Child Pornography-Related Offenses: Federal authorities aggressively pursue cases involving the possession, production, or distribution of child pornography. The widespread use of the internet and online storage makes many of these crimes inherently cross state and national boundaries. The federal penalties in such cases are severe, often carrying mandatory minimum sentences.
  • Sex Trafficking: Human trafficking, including sex trafficking, is a primary target of federal law enforcement. Cases involving minors or coerced individuals, particularly those transported across state or international borders, are universally prosecuted under federal statutes. Federal agencies such as the FBI and Homeland Security are typically involved in dismantling trafficking networks and prosecuting offenders.
  • Online Exploitation: Crimes involving the exploitation of individuals, such as luring minors into sexual activities online or disseminating exploitative materials, also frequently trigger federal involvement. Federal law has developed strict guidelines and task forces to address these types of offenses.

What are the Penalties for Federal Sex Crimes?

Federal sentences are typically imposed within the United States Sentencing Guidelines created by the Sentencing Commission. These guidelines almost uniformly provide for sentences that exceed even those handed down in California state courts.

Sex offender registration is also normally required and might even be a harsher punishment than the prison time that precedes it. Since the implementation of the Sex Offender Registration and Notification Act (SORNA), the requirements for sex offender registration have become harsher.

Prior to being released from federal custody, prisoners are informed that they must register themselves in the National Sex Offender Registration and Notification System and update their status whenever their address or circumstances change.

Sex offenders must provide information such as their residence, school attendance information, and employment status. Depending on the severity of the federal sex crime, they might need to stay registered as a sex offender for different amounts of time, such as the following:

  • Tier I Offenders - 15 years.
  • Tier II Offenders - 25 years.
  • Tier III Offenders - lifetime registration.

Regarding prison sentences, some of the most common federal sex crimes and their penalties include the following:

  • Child Pornography. Up to life in federal prison and harsh fines.
  • Sexual Abuse of a Minor. Up to 15 years in federal prison and fines.
  • Aggravated Sexual Abuse. Up to life in federal prison and large fines.

Navigating Federal and State Jurisdiction

The difference between state and federal prosecution can have significant implications for someone accused of a sex crime. Federal penalties often include longer sentences and harsher conditions than those imposed under California law. Because of this disparity, individuals accused of federal sex crimes should take steps to mitigate the risks.

Federal Criminal Defense

A skilled criminal defense attorney who is experienced in both California state law and federal law can be extremely helpful in such cases. In situations where a sex crime could be tried either at the federal or state level, attorneys with federal experience may skillfully negotiate to have charges filed or tried at the state level.

This is important because, under California law, penalties may be less severe, and defendants might have greater opportunities for alternative sentencing options like rehabilitation programs or reduced charges.

To achieve this outcome, attorneys can focus on arguing that the crime lacks sufficient federal nexus, such as no crossing of state lines or use of federal infrastructure, or that California's interest in prosecuting the crime outweighs federal priorities.

Defense attorneys will also work to reduce charges and penalties by demonstrating mitigating factors, challenging key pieces of evidence, or negotiating plea agreements. For additional information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

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About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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