News & Insights

If you’re reading this, chances are you’re worried sick. Someone you care about has been arrested on federal charges related to sex trafficking or illicit sexual conduct, possibly after a lengthy FBI investigation. This is a frightening situation, and it’s crucial to understand what’s happening. At Monument Legal, our federal sex crimes lawyers are here to provide you with some clarity.

The Law: 18 U.S.C. § 2423 Explained

The law at the heart of these charges is 18 U.S.C. § 2423. In plain terms, it deals with transporting individuals for illegal sexual activity and engaging in such activity across state lines or internationally. Let’s break down the key parts:

• Transporting a Minor: This section focuses on knowingly transporting someone under 18 across state or international lines with the intent that they engage in prostitution or any sexual activity that would be a crime. The penalties are severe: at least 10 years in prison, potentially up to life.
  • Example: Imagine someone drives a 16-year-old from Maryland to Virginia, knowing the teen will be paid for sexual acts. That person could face these federal charges.
• Traveling for Illicit Sexual Conduct: This section covers traveling across state lines or internationally with the primary goal of engaging in illicit sexual conduct. This carries a potential sentence of up to 30 years in prison.
  • In these cases – the person arrested only needs to have had the intent to illicit sexual conduct.
  • Many of these cases involve an undercover officer operating within various chat groups.
  • A common example is when a person meets someone in an online chat group. While communicating the parties make plans to meet up across state lines to engage in illicit sexual conduct. After the defendant travels to the new state, he meets up with the individual only to find they are an undercover officer.
• Engaging in Illicit Sexual Conduct Abroad: U.S. citizens or permanent residents who travel abroad and engage in illicit sexual conduct can also face up to 30 years in prison.
• Facilitating Travel for Illicit Conduct: This section targets those who arrange or facilitate the travel of someone for illicit sexual conduct for commercial gain. Again, the penalty is up to 30 years in prison.
• Attempt and Conspiracy: Even attempting or conspiring to commit these crimes carries the same penalties as completing them.

What is “Illicit Sexual Conduct?” The law defines this clearly:

1. Any sexual act with someone under 18 that would be illegal if it happened within U.S. federal jurisdiction.
2. Any “commercial sex act” (meaning sex in exchange for something of value) with someone under 18.
3. Producing child pornography.

There is a limited defense related to commercial sex acts. If the charge is based on paying for sex with a minor, the accused can argue they reasonably believed the person was 18 or older. However, they must prove this “reasonable belief” by very strong evidence.

Why the FBI is Involved?

Because these charges often involve crossing state lines or international travel, they fall under federal jurisdiction. The FBI is often the lead agency in investigating these types of crimes. Their investigations can be lengthy and involve surveillance, informants, and complex financial tracking.

What This Means for Your Loved One

A federal indictment is a serious matter. If someone you care about has been arrested on these charges, they are facing potentially lengthy prison sentences. The prosecution will have significant resources, and the legal complexities can be overwhelming.

What You Should Do Now

Do not speak to law enforcement without an attorney present. Anything your loved one says can and will be used against them. Contact an experienced federal criminal defense attorney immediately. Finding a lawyer familiar with federal sex trafficking laws and procedures is crucial.

Gather any relevant information. This might include travel records, communication logs, or anything that could shed light on the situation.

How Monument Legal Can Help

At Monument Legal, our DC sex offense attorneys understand the gravity of these charges. We have experience defending individuals in federal court throughout Washington DC, Virginia, and Federal Court. We will:

• Thoroughly investigate the case and challenge the government’s evidence.
• Protect your loved one’s rights every step of the way.
• Develop a strong defense strategy tailored to the specific circumstances.
• Provide compassionate and unwavering support throughout this difficult process.

If your loved one is facing federal charges related to sex trafficking or illicit sexual conduct under 18 U.S.C. § 2423, time is of the essence. Contact Monument Legal today for a confidential consultation. We are here to help.