CHAPTER 117—TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES

        

Amendments

1988—Pub. L. 100–690, title VII, §7071, Nov. 18, 1988, 102 Stat. 4405, substituted "individual" for "female" in item 2424.

1986—Pub. L. 99–628, §5(a)(1), (b)(2), Nov. 7, 1986, 100 Stat. 3511, substituted "TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES" for "WHITE SLAVE TRAFFIC" as chapter heading and substituted "and enticement" for "or enticement of female" in item 2422.

1978—Pub. L. 95–225, §3(b), Feb. 6, 1978, 92 Stat. 9, substituted "Transportation of minors" for "Coercion or enticement of minor female" in item 2423.

§2421. Transportation generally

Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title or imprisoned not more than five years, or both.

(June 25, 1948, ch. 645, 62 Stat. 812; May 24, 1949, ch. 139, §47, 63 Stat. 96; Nov. 7, 1986, Pub. L. 99–628, §5(b)(1), 100 Stat. 3511.)

Historical and Revision Notes

1948 Act

Based on title 18, U.S.C., 1940 ed., §§397, 398, 401, 404 (June 25, 1910, ch. 395, §§1, 2, 5, 8, 36 Stat. 825–827).

Section consolidates sections 397, 398, 401, and 404 of title 18, U.S.C., 1940 ed.

Section 397 of title 18, U.S.C., 1940 ed., containing a definition of the terms "interstate commerce" and "foreign commerce" was omitted as unnecessary in view of the definition of those terms in section 10 of this title.

Section 401 of title 18, U.S.C., 1940 ed., prescribing venue was omitted as unnecessary in view of section 3237 of this title.

Section 403 of title 18, U.S.C., 1940 ed., was omitted. No definition of "Territory" is necessary to the revised section as it is phrased. Construction therein of "person" is covered by section 1 of title 1, U.S.C., 1940 ed., General Provisions, as amended. Last paragraph of said section relating to construction of this chapter was omitted as surplusage.

Words "Possession of the United States" were inserted in three places in view of mission of said section 403 of title 18, U.S.C., 1940 ed., and, reference in that section to the Canal Zone is covered by those words. This chapter applies to the Territory of Hawaii. (See Sun Chong Lee v. United States, C.C.A. Hawaii, 1942, 125 F. 2d 95.)

Section 404 of title 18, U.S.C., 1940 ed., containing the short title was omitted as not appropriate in a revision.

Reference to persons causing, procuring, aiding or assisting was deleted as unnecessary because such persons are made principals by section 2 of this title.

Words "and upon conviction thereof" were also deleted as surplusage since punishment cannot be imposed until a conviction is secured.

Words "deemed guilty of a felony" were deleted as unnecessary in view of the definition of a felony in section 1 of this title. (See reviser's note under section 550 of this title.)

Minor changes were also made in translations and phraseology.

1949 Act

This section [section 47] corrects a typographical error in section 2421 of title 18, U.S.C.

Amendments

1986—Pub. L. 99–628 amended section generally. Prior to amendment, section read as follows:

"Whoever knowingly transports in interstate or foreign commerce, or in the District of Columbia or in any Territory or Possession of the United States, any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice; or

"Whoever knowingly procures or obtains any ticket or tickets, or any form of transportation or evidence of the right thereto, to be used by any woman or girl in interstate or foreign commerce, or in the District of Columbia or any Territory or Possession of the United States, in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent or purpose on the part of such person to induce, entice, or compel her to give herself up to the practice of prostitution, or to give herself up to debauchery, or any other immoral practice, whereby any such woman or girl shall be transported in interstate or foreign commerce, or in the District of Columbia or any Territory or Possession of the United States—

"Shall be fined not more than $5,000 or imprisoned not more than five years, or both."

1949—Act May 24, 1949, corrected spelling of "induce".

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Section Referred to in Other Sections

This section is referred to in sections 14, 1961 of this title.

§2422. Coercion and enticement

Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title or imprisoned not more than five years, or both.

(June 25, 1948, ch. 645, 62 Stat. 812; Nov. 7, 1986, Pub. L. 99–628, §5(b)(1), 100 Stat. 3511; Nov. 18, 1988, Pub. L. 100–690, title VII, §7070, 102 Stat. 4405.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §399 (June 25, 1910, ch. 395, §3, 36 Stat. 825).

Words "deemed guilty of a felony" were deleted as unnecessary in view of definition of felony in section 1 of this title. (See reviser's note under section 550 of this title.)

Words "and on conviction thereof shall be" were deleted as surplusage since punishment cannot be imposed until a conviction is secured.

The references to persons causing, procuring, aiding or assisting were omitted as unnecessary as such persons are made principals by section 2 of this title.

Words "Possession of the United States" were inserted twice. (See reviser's note under section 2421 of this title.)

Minor changes were made in phraseology.

Amendments

1988—Pub. L. 100–690 substituted "or" for "of" before "foreign commerce".

1986—Pub. L. 99–628 substituted "and enticement" for "or enticement of female" in section catchline and amended text generally. Prior to amendment, text read as follows: "Whoever knowingly persuades, induces, entices, or coerces any woman or girl to go from one place to another in interstate or foreign commerce, or in the District of Columbia or in any Territory or Possession of the United States, for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose on the part of such person that such woman or girl shall engage in the practice of prostitution or debauchery, or any other immoral practice, whether with or without her consent, and thereby knowingly causes such woman or girl to go and to be carried or transported as a passenger upon the line or route of any common carrier or carriers in interstate or foreign commerce, or in the District of Columbia or in any Territory or Possession of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both."

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Section Referred to in Other Sections

This section is referred to in sections 14, 1961 of this title.

§2423. Transportation of minors

(a) Transportation With Intent To Engage in Criminal Sexual Activity.—A person who knowingly transports any individual under the age of 18 years in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be fined under this title or imprisoned not more than ten years, or both.

(b) Travel With Intent To Engage in Sexual Act With a Juvenile.—A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2245) ¹ with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 10 years, or both.

(June 25, 1948, ch. 645, 62 Stat. 812; Feb. 6, 1978, Pub. L. 95–225, §3(a), 92 Stat. 8; Nov. 7, 1986, Pub. L. 99–628, §5(b)(1), 100 Stat. 3511; Sept. 13, 1994, Pub. L. 103–322, title XVI, §160001(g), 108 Stat. 2037.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §400 (June 25, 1910, ch. 395, §4, 36 Stat. 826).

Words "deemed guilty of a felony" were deleted as unnecessary in view of definition of felony in section 1 of this title. (See reviser's note under section 550 of this title.)

Words "and on conviction thereof shall be" were deleted as surplusage since punishment cannot be imposed until a conviction is secured.

Words "Possession of the United States" were inserted twice. (See reviser's note under section 2421 of this title.)

Minor changes were made in phraseology.

References in Text

Section 2245, referred to in subsec. (b), was renumbered section 2246 of this title by Pub. L. 103–322, title VI, §60010(a)(1), Sept. 13, 1994, 108 Stat. 1972.

Amendments

1994—Pub. L. 103–322 added subsec. (b) and directed the amendment of this section by substituting "(a) Transportation With Intent To Engage in Criminal Sexual Activity.—A person who" for "(a) Whoever", which was executed by making the substitution for "Whoever" to reflect the probable intent of Congress.

1986—Pub. L. 99–628 amended section generally, revising and restating as one paragraph provisions formerly contained in subsec. (a) and striking out subsec. (b) which provided definitions.

1978—Pub. L. 95–225 substituted "Transportation of minors" for "Coercion or enticement of minor female" in section catchline, designated existing provision as subsec. (a), substituted provisions relating to conduct prohibiting the transportation of minors for provisions relating to conduct prohibiting the coercion or enticement of a minor female, and added subsec. (b).

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Section Referred to in Other Sections

This section is referred to in sections 14, 1961 of this title.

¹ See References in Text note below.

§2424. Filing factual statement about alien individual

(a) Whoever keeps, maintains, controls, supports, or harbors in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien individual within three years after that individual has entered the United States from any country, party to the arrangement adopted July 25, 1902, for the suppression of the white-slave traffic, shall file with the Commissioner of Immigration and Naturalization a statement in writing setting forth the name of such alien individual, the place at which that individual is kept, and all facts as to the date of that individual's entry into the United States, the port through which that individual entered, that individual's age, nationality, and parentage, and concerning that individual's procuration to come to this country within the knowledge of such person; and

Whoever fails within thirty days after commencing to keep, maintain, control, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien individual within three years after that individual has entered the United States from any country, party to the said arrangement for the suppression of the white-slave traffic, to file such statement concerning such alien individual with the Commissioner of Immigration and Naturalization; or

Whoever knowingly and willfully states falsely or fails to disclose in such statement any fact within that person's knowledge or belief with reference to the age, nationality, or parentage of any such alien individual, or concerning that individual's procuration to come to this country—

Shall be fined under this title or imprisoned not more than two years, or both.

(b) In any prosecution brought under this section, if it appears that any such statement required is not on file in the office of the Commissioner of Immigration and Naturalization, the person whose duty it is to file such statement shall be presumed to have failed to file said statement, unless such person or persons shall prove otherwise. No person shall be excused from furnishing the statement, as required by this section, on the ground or for the reason that the statement so required by that person, or the information therein contained, might tend to criminate that person or subject that person to a penalty or forfeiture, but no information contained in the statement or any evidence which is directly or indirectly derived from such information may be used against any person making such statement in any criminal case, except a prosecution for perjury, giving a false statement or otherwise failing to comply with this section.

(June 25, 1948, ch. 645, 62 Stat. 813; Oct. 15, 1970, Pub. L. 91–452, title II, §226, 84 Stat. 930; Nov. 7, 1986, Pub. L. 99–628, §5(c), 100 Stat. 3511; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, §330016(1)(I), 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §402(2), (3) (June 25, 1910, ch. 395, §6, 36 Stat. 826).

First paragraph of section 402 of title 18, U.S.C., 1940 ed., was omitted from this section and recommended for transfer to Title 8, Aliens and Nationality.

Words "shall be deemed guilty of a misdemeanor" were omitted as unnecessary in view of the definition of a misdemeanor in section 1 of this title. (See reviser's note under section 212 of this title.)

Minor changes were made in phraseology.

Amendments

1994—Subsec. (a). Pub. L. 103–322 substituted "fined under this title" for "fined not more than $2,000" in last par.

1986—Pub. L. 99–628, §5(c)(1), substituted "individual" for "female" in section catchline.

Subsec. (a). Pub. L. 99–628, §5(c)(2)–(4), (6), substituted "individual" for "woman or girl", "that individual" for "she", "that individual's" for "her", and "that person's" for "his" wherever appearing.

Subsec. (b). Pub. L. 99–628, §5(c)(5), substituted "that person" for "him" wherever appearing.

1970—Subsec. (b). Pub. L. 91–452 substituted provisions that no information contained in the statement or any evidence directly or indirectly derived from such information be used against any person making such statement in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this section, for provisions that no person be prosecuted or subjected to any penalty or forfeiture under any law of the United States for or on account of any transaction, etc., truthfully reported in his statement.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of this title.

Canal Zone

Applicability of section to Canal Zone, see section 14 of this title.

Cross References

Importation of aliens for immoral purposes as forbidden, see section 1328 of Title 8, Aliens and Nationality.

International agreement signed May 18, 1904, for the suppression of the white-slave traffic is set forth, with the adherence of the United States thereto, in 35 Stat. 1979.

Prevention of transportation in foreign commerce of alien women and girls under international agreement, see section 1557 of Title 8, Aliens and Nationality.

Section Referred to in Other Sections

This section is referred to in sections 14, 1961 of this title.