Sex Crimes

• Sexual exploitation of a minor (including child pornography)
• Enticement of a Minor
• Sex trafficking (adults or minors)

Federal law prohibits various forms of child pornography, with penalties ranging from fines to lengthy prison sentences. Some of the key federal child pornography crimes include:

• Production of Child Pornography: This involves creating, filming, photographing, or otherwise producing any visual depiction of a minor engaged in sexually explicit conduct. This offense carries severe penalties, especially if the production involves prepubescent minors or sadistic or masochistic conduct.
• Distribution of Child Pornography: It is illegal to distribute, sell, transmit, or exchange child pornography through any means, including physical copies, electronic files, or online platforms. This includes sharing, posting, or emailing explicit images or videos of minors.
• Possession of Child Pornography: Possessing any form of child pornography, whether in physical or digital form, is a federal offense. This includes knowingly accessing websites or files containing explicit images or videos of minors.
• Receipt of Child Pornography: Receiving or obtaining child pornography, whether through direct download, email, file sharing, or any other means, is also prohibited by federal law.
• Advertising or Soliciting Child Pornography: Advertising, promoting, or soliciting child pornography is a federal offense. This includes seeking, offering, or arranging to receive explicit materials involving minors.
• Possession with Intent to Distribute: Possessing child pornography with the intent to distribute or sell it is a serious federal crime, carrying enhanced penalties compared to simple possession.
• Child Pornography Conspiracy: Participating in a conspiracy to produce, distribute, or possess child pornography can result in federal charges, even if the individual did not directly engage in the criminal acts themselves.

These offenses are prosecuted vigorously at the federal level due to the seriousness of the harm inflicted on minors and the potential for exploitation and abuse. Penalties for federal child pornography crimes can include substantial fines, lengthy prison sentences, mandatory minimum sentences, and lifetime registration as a sex offender.

The federal enticement of a minor crime, also known as the federal enticement statute, refers to the act of using the internet or other means of communication to persuade, induce, entice, or coerce a minor to engage in unlawful sexual activity or to meet for the purpose of engaging in such activity.

Federal law prohibits individuals from knowingly using any means of interstate or foreign commerce (such as the internet, phone calls, or other electronic communication methods) to persuade, induce, entice, or coerce a minor (defined as an individual under the age of 18) to engage in any sexual activity that is illegal under federal law, or to travel across state lines or internationally to engage in such activity.

Key elements of the federal enticement statute include:

• Knowing Intent: The individual must have the knowledge and intent to persuade, induce, entice, or coerce a minor to engage in unlawful sexual activity.
• Use of Interstate Commerce: The communication or conduct must involve the use of interstate or foreign commerce, such as the internet, phone calls, text messages, or other electronic communication methods.
• Minors: The target of the enticement must be a minor, typically defined as an individual under the age of 18.
• Illegal Sexual Activity: The enticement must involve persuading or inducing the minor to engage in sexual activity that is illegal under federal law, including but not limited to child pornography, sexual exploitation, prostitution, or other forms of sexual abuse.

The Mann Act, also known as the White-Slave Traffic Act, is a federal law in the United States that prohibits the transportation of individuals across state lines or international borders for the purpose of engaging in illegal sexual activity or prostitution. A violation of the Mann Act constitutes a federal offense.

Key aspect of a Federal Sex Trafficking offense include:

• Transportation Across State Lines or Borders: The Mann Act prohibits the transportation of individuals across state lines or international borders. This transportation can be for the purpose of engaging in any unlawful sexual activity, including prostitution or any other form of sexual exploitation.
• Intent: The transportation must be for the purpose of engaging in illegal sexual activity or prostitution. This means that the individual transporting the person must have knowledge of, and intend for, the individual to engage in such activities.
• Consent: The Mann Act does not require that the transported individual be coerced or forced into the activity. Even if the individual consents to the transportation and subsequent illegal sexual activity, it is still a violation of the law.
• Historical Context: The Mann Act was originally enacted in 1910 with the aim of combating human trafficking and the coerced prostitution of women, often referred to as “white slavery” at the time. Over the years, its scope has expanded to cover a broader range of sexual activities and individuals, including minors.

Penalties: Violation of the Mann Act can result in severe penalties, including fines and imprisonment. The severity of the penalties depends on various factors, such as the age of the individual transported and whether force, coercion, or fraud was involved in the transportation. If aggravating factors are involved, an individual could be sentenced to as much as 25 years.

There are many defenses that an experienced and competent Federal defense attorney can raise. In the case of trafficking matters the Mann Act allows for the defense to raise an affirmative defense. How and when an affirmative defense should be raised is tricky and should be discussed with your attorney.