Cameron Miranda
In the United States, federal laws prohibit any adults from traveling to another country to engage in illegal sexual activities with a child under the age of 18. This is referred to as sex tourism or child sex tourism and is considered a form of human trafficking. US citizens or legal permanent residents who engage in illicit sexual conduct with minors while abroad are subject to prosecution under US law, regardless of the legality of their actions in the country where they were committed. The penalty for such offenses can be up to 30 years in prison and/or a fine.
| Characteristics | Values |
|---|---|
| Does US statutory sex laws apply to non-US citizens? | US statutory sex laws do apply to non-US citizens if they are on US soil or if they are US residents travelling or living abroad. |
| What is the age of consent in the US? | The age of consent varies from 16 to 18 years old from state to state across the United States. |
| What is the penalty for a US citizen or resident engaging in illicit sexual conduct with a minor abroad? | A prison sentence of up to 30 years and/or a fine. |
| What is the penalty for a US citizen or resident engaging in the production of child pornography abroad? | A prison sentence of at least 15 years for first-time offenders, up to a maximum of 30 years. |
| What is the penalty for a US citizen or resident engaging in sex trafficking of children? | A prison sentence of 15 years to life if the child was under the age of 14, and 10 years to life if the child was over the age of 14 and under the age of 18. |
What You'll Learn
US citizens engaging in sex tourism with minors abroad
Federal law prohibits US citizens or residents from traveling to a foreign country with the intent to engage in any form of sexual conduct with a minor (defined as persons under 18 years of age). It is also illegal to help organize or assist another person to travel for these purposes. This crime is a form of human trafficking, also referred to as child sex tourism. Convicted offenders face fines and up to 30 years of imprisonment.
US citizens and residents are prohibited from going to another country and molesting or raping a child, or paying to have sex with a child. This carries a sentence of up to 30 years in prison. It is also illegal to produce child pornography outside of the US and import or intend to import it into the US. First-time offenders face 15 to 30 years in prison for violating this law.
US citizens and legal residents who transport a minor with the intent of engaging in criminal sexual activity face a prison sentence of 10 years to life. If a US citizen or resident engages in sexual acts with a minor while in another country, they could be charged with federal sex trafficking crimes. The penalties for illicit sexual conduct with another person include fines and up to 30 years in prison.
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US citizens engaging in child sex tourism
In 2003, the US strengthened its ability to fight child sex tourism by passing the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act) and the Trafficking Victim's Protection Reauthorization Act. These laws carry penalties of up to 30 years in prison for engaging in child sex tourism.
US citizens and legal permanent residents are prohibited from travelling to a foreign country with the intent of engaging in sexual activities with a child. This is a federal crime, prosecutable in the United States, and it applies even if the conduct was legal in the country where it occurred. The federal law provides "extraterritorial jurisdiction", meaning the US has the legal authority to prosecute criminal conduct that took place outside its borders.
The US Department of Justice states that:
> "Our message is clear to all U.S. citizens: We take these crimes seriously. If you dare abuse a child abroad, we will find you, send you back to the United States and prosecute you for your crimes. You might be out of the country, but you are not out of reach of U.S. law enforcement."
US citizens who engage in sexual acts with minors in foreign countries can be prosecuted under 18 U.S.C. § 2423(c) and (d), and 18 U.S.C. § 1596. These laws prohibit citizens from travelling from the US to a foreign country and, while there, raping, sexually molesting, or paying a child for sex. They also make it a crime to profit by facilitating the travel of US citizens who intend to engage in illegal sex with a minor.
In addition, there are child pornography laws that apply to conduct overseas. It is a crime for anyone to produce child pornography in foreign countries and import the images into the US, or intend to do so.
US citizens who engage in child sex tourism face serious consequences, including fines and up to 30 years in prison.
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US citizens engaging in illicit sexual conduct with minors in foreign places
US citizens who engage in illicit sexual conduct with minors in foreign places are subject to prosecution under federal law. The US government considers such acts to be a form of human trafficking, referred to as "sex tourism". Federal laws explicitly prohibit US citizens or legal permanent residents from travelling to another country to engage in illicit sexual conduct with minors, i.e. those under 18 years of age.
Section 2423(c) of Title 18, United States Code, prohibits US citizens or legal permanent residents from travelling from the US to a foreign country and engaging in illicit sexual conduct with a child, including rape, molestation, or paying for sex. This applies even if the conduct was legal in the country where it occurred. The penalty for violating this statute is up to 30 years in prison.
Section 2423(b) of Title 18, United States Code, is a similar provision that makes it a crime for US citizens or legal permanent residents to travel from the US to a foreign country with the intent to engage in illicit sexual conduct with a minor. The difference between Section 2423(b) and Section 2423(c) is that Section 2423(b) requires proof of criminal intent at the time of travel. The penalty for violating this statute is also up to 30 years in prison.
US citizens who engage in illicit sexual conduct with minors in foreign places can be prosecuted under these federal laws, regardless of the consent laws of the foreign country. These laws demonstrate the US government's priority to apprehend and prosecute its citizens who engage in sexual acts with minors abroad, with serious consequences, including lengthy prison sentences and fines.
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US citizens engaging in child pornography
Child pornography is illegal under federal law in the United States and is punishable by up to life imprisonment and fines of up to $250,000. US laws regarding child pornography are strictly enforced and are among the most stringent in the world. Federal sentencing guidelines on child pornography differentiate between production, distribution, and purchasing/receiving, with penalties varying based on the age of the child involved in the materials.
Federal law prohibits the production, distribution, reception, and possession of child pornography using any means of interstate or foreign commerce. This includes transporting child pornography across state or international borders, as well as using the internet to commit a child pornography violation. Section 2251 of Title 18, United States Code, specifically makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for the purpose of producing visual depictions.
US citizens who engage in child pornography, whether in the US or abroad, are subject to prosecution under US law. Section 2423(c) of Title 18, United States Code, prohibits US citizens or legal permanent residents from travelling from the US to a foreign country and engaging in illicit sexual conduct with minors, including rape, sexual molestation, or paying a child for sex. This applies even if the conduct was legal in the country where it occurred. The penalty for violating this law is up to 30 years in prison.
Additionally, Sections 2251(c) and 2260(a) of Title 18, United States Code, make it a crime for anyone to produce child pornography in foreign countries if they import the images into the US or intend to do so. The penalty for a first-time offender under these statutes is a minimum of 15 years and a maximum of 30 years in prison.
US law enforcement agencies, such as US Immigration and Customs Enforcement (ICE), prioritize the investigation and prosecution of US citizens who engage in child pornography, both domestically and internationally. ICE's Homeland Security Investigations (HSI) has offices in 47 foreign countries and works with local law enforcement to apprehend and prosecute US citizens involved in child pornography and child sex tourism.
It is important to note that child pornography laws may vary slightly between states, and convicted offenders may face additional penalties under state laws.
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US citizens engaging in sex trafficking of children
US citizens who engage in sex trafficking of children, whether in the US or abroad, are subject to prosecution under federal law. Sex trafficking of children is prohibited by 18 U.S.C. § 1591, which makes it a federal offense to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor (defined as someone under 18 years of age) with the knowledge or reckless disregard that the victim is a minor and will be caused to engage in a commercial sex act. The statute does not require proof that either the defendant or the victim crossed state or international lines.
The penalty for violating 18 U.S.C. § 1591 depends on the age of the victim. If the victim was under 14 years old or if force, fraud, or coercion were used, the penalty is not less than 15 years in prison up to life imprisonment. If the victim was aged 14-17, the penalty is not less than 10 years in prison up to life. Individuals who obstruct or attempt to obstruct the enforcement of this statute face up to 20 years in prison. Defendants convicted under this statute are also required to pay restitution to their victims for any losses caused.
In addition to 18 U.S.C. § 1591, there are other federal statutes that address sex trafficking and the sexual exploitation of children, such as 18 U.S.C. § 2423(c) and (d), which prohibit US citizens or legal permanent residents from travelling from the US to a foreign country to engage in illicit sexual conduct with a child, or to profit by facilitating the travel of individuals who intend to engage in illegal sex with a minor. These statutes carry penalties of up to 30 years in prison.
Furthermore, US citizens who engage in sex tourism involving children abroad are also subject to prosecution under the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act) and the Trafficking Victims Protection Reauthorization Act, which carry penalties of up to 30 years in prison. These laws demonstrate the priority that US law enforcement agencies place on apprehending and prosecuting US citizens who engage in sexual acts with minors in foreign countries.
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Frequently asked questions
Federal laws prohibit US citizens or legal permanent residents from travelling to another country to engage in illicit sexual conduct with a minor. This is considered a form of human trafficking, known as sex tourism. The penalty for this offence is up to 30 years in prison and/or a fine.
The US has jurisdiction over sex crimes involving children, regardless of the nationality of the perpetrator. Non-US citizens who commit sex crimes against minors in the US can be prosecuted under federal law and may face prison sentences and/or fines.
In the US, a minor is typically considered anyone under the age of 18. However, the age of consent for sexual activity varies across states, with some setting it at 16 or 17.
