Defending Clients Accused of Traveling to Meet a Minor
Attempting or actually traveling across state lines to engage in illegal sexual activity with a minor is a very serious federal crime that carries potentially severe penalties. Any person accused of such crimes needs experienced legal counsel to advise and defend them. This article provides an overview of the applicable laws, typical penalties, and possible defenses that skilled criminal defense lawyers may use to advocate for their clients in these difficult cases.
The Law on Traveling to Meet a Minor
The primary federal law prohibiting traveling interstate to engage in illicit sexual conduct with minors is 18 U.S.C. § 2423(b). This law makes it a federal crime to travel in interstate or foreign commerce with the intent to engage in any illicit sexual conduct with a minor. The statute defines “illicit sexual conduct” to include violations of several other federal laws prohibiting sexual abuse, such as:
- 18 U.S.C. § 2241 (aggravated sexual abuse)
- 18 U.S.C. § 2242 (sexual abuse)
- 18 U.S.C. § 2243 (sexual abuse of a minor or ward)
- 18 U.S.C. § 2244 (abusive sexual contact)
To obtain a conviction under 18 U.S.C. § 2423(b), prosecutors must prove beyond a reasonable doubt that the defendant:
- Traveled in interstate or foreign commerce, and
- Intended at the time of travel to engage in illicit sexual conduct with a minor.
The government does not need to prove actual sexual contact occurred. Simply proving the intent to engage in such conduct at the time of travel is sufficient for a conviction.
Penalties and Sentencing
Violations of 18 U.S.C. § 2423(b) carry potentially severe penalties. The maximum sentence is 30 years imprisonment. Fines up to $250,000 may also be imposed.
Sentencing will depend on the specific facts and circumstances of each case. Judges have discretion to impose any sentence up to the statutory maximum, but typically follow advisory sentencing guidelines that consider various aggravating and mitigating factors.
Some of the main factors judges may consider include:
- Defendant’s criminal history
- Age of the intended victim
- Conduct involved in the offense
- Number of images/videos possessed
- Danger to community
Sentences toward the higher end of the guidelines are more likely when very young victims are involved or repeated predatory conduct occurred.
Possible Defenses
Skilled criminal defense lawyers have succeeded in defending many clients facing charges under 18 USC § 2423(b) by effectively arguing several possible defenses, such as:
Lack of Intent: One possible defense is that the defendant lacked the requisite intent to engage in illicit sexual conduct with a minor at the time of travel. The statute requires such intent at the time of travel. If other evidence shows the intent developed only later, then a conviction may not stand.
Entrapment: Law enforcement sometimes uses decoys posing online as minors to catch potential predators. But if officers induced a law-abiding person to commit a crime they otherwise would not have committed, an entrapment defense may succeed.
Jurisdictional Issues: Federal jurisdiction requires travel in “interstate or foreign commerce.” Defense lawyers may argue such commerce was lacking, such as if travel was only intrastate and did not cross state lines.
Mistake of Age: It’s possible in some cases to argue the defendant reasonably believed the minor was of legal age, negating the intent required under the statute. But this can be difficult given strict liability in some related laws.
Statute of Limitations: Another possible defense is that the statute of limitations expired before charges were filed, barring prosecution. But statutes of limitations are often lengthy, making this uncommon.
Invalid Warrants or Illegal Searches: If evidence was obtained illegally in violation of the Fourth Amendment, defense lawyers can argue for suppression, which may result in dismissal.
Insufficient Evidence: In some cases, the evidence fails to definitively prove all elements of the offense beyond a reasonable doubt, resulting in acquittal. But usually such cases are not prosecuted unless solid evidence exists.
The Role of a Skilled Criminal Defense Lawyer
Defending against federal charges of traveling to engage in illicit sexual conduct with a minor is complex. The applicable laws can encompass a wide range of underlying conduct. And the stakes are always high given strict penalties.
Anyone facing such allegations needs an attorney well-versed in the intricate federal criminal justice system. An experienced lawyer can carefully examine the evidence, identify any police misconduct or constitutional violations, and formulate the best defense strategy.
They will also advocate for the most favorable outcome possible if negotiating a plea deal with prosecutors. And they can argue for the lowest sentence under advisory guidelines if convicted at trial.
Above all, skilled criminal defense counsel provides critical guidance and advice to clients accused of very serious crimes carrying severe penalties. With so much at stake, obtaining experienced legal representation is absolutely essential.