18 U.S.C. Pt I, Ch. 109A covers federal sexual abuse crimes. Sexual abuse, codified in §2242, criminalizes three types of conduct. First, the section criminalizes using threats or fear to coerce another person to engage in a sexual act. The section also criminalizes engaging in a sexual act with another person who is incapable of appraising the nature of the conduct or is physically incapable of declining participation in the conduct. Finally, the section criminalizes engaging in any sexual act with another person without that person’s consent. Sexual abuse under §2242 is punishable by imprisonment for any term of years, including life imprisonment. The charges rise to aggravated sexual abuse under §2241 when the sexual act is induced by force, or by threats or fear of death, kidnapping, or serious injury. The offense can also be aggravated when the offender renders another person unconscious, or either forcibly or without the other person’s knowledge, causes the person to ingest a substance that impairs that person’s ability to control or appraise subsequent sexual acts. Age of the victim can also aggravate a sexual offense, if the conduct occurs with a person under the age of 12, or a person between the ages of 12 and 16 when the offender is more than four years older than the victim. Federal statute also criminalizes sexual acts with a minor, a ward, or an individual in Federal custody in §2243.
The case of United States v. Reed, heard by the United States Court of Appeals for the Eleventh Circuit, illustrates the Court’s treatment of these offenses. In Reed, the defendant was charged with one count of aggravated sexual abuse under §2241 but plead guilty to sexual abuse under §2242 in a written plea agreement. As part of the plea agreement, the defendant agreed to face the maximum statutory sentence, life imprisonment, with the Court maintaining authority to impose a sentence that is more or less severe. Due to his acknowledgement of sentencing deviations as part of his plea agreement and the egregiousness of the sexual abuse conduct, the Court affirmed his 360-month sentence.
§2244 provides sentencing guidelines for abusive sexual contact, with reference to the offenses outlines in §§2241-2243. If an offender commits a sexual act classifiable as aggravated sexual abuse for reasons other than the age of the victim, the offender shall be imprisoned not more than ten years. When the aggravated sexual abuse is related to the victim’s age, the imprisonment is for any term of years, including life imprisonment. For any sexual act constituting sexual abuse under §2242, the associated sentence is no more than three years’ imprisonment. A sexual act with a minor between the ages of 12 years and 16 years, when the perpetrator is four years or more older than the minor, or a sexual act with a ward or individual in Federal custody are all punishable by no more than two years’ imprisonment. Any act of sexual contact without the other person’s permission not otherwise covered is punishable by not more than two years imprisonment. When any act of sexual contact involves a child under the age of twelve, the associated maximum sentence is doubled.
Federal law also criminalizes sex trafficking, with transportation-related sexual activity and crimes covered by 18 U.S.C. Pt. I, Ch. 117. In general, transporting any individual in interstate or foreign commerce with intent for the individual to engage in prostitution or illegal sexual activity is criminalized, and punishable by up to 10 years’ imprisonment. Facilitating the prostitution or trafficking of another person is punishment is similarly punishable by no more than 10 years in prison. The punishment is increased to up to 25 years’ imprisonment when the offender facilitating the activity either facilitates the prostitution of five or more persons or acts with reckless disregard to the sex trafficking nature of the conduct. For aggravated offenses, victims may also recover civil remedies. Under §2422, persuading, inducing, enticing, or coercing any individual to travel interstate for prostitution or sexual activity purposes is punishable by up to 20 years’ imprisonment. If the crime involves a minor under the age of 18, the minimum sentence is 10 years’ imprisonment. When the act goes beyond coercion and the offender is knowingly transporting the minor, the crime is covered by §2423. If the travel is committed with the intent for the minor to engage in criminal sexual activity, the minimum sentence is 10 years in prison. If the intended conduct includes illicit sexual conduct, the maximum sentence is 30 years’ imprisonment, whether the travel be interstate or through foreign commerce. Attempts and conspiracy are punished in the same manner as the completed offense itself. After a prior sex offense conviction, sex trafficking offenses are punishable by three times the original sentence associated with the offense.
Recent decisions from the United States Court of Appeals for the Eleventh Circuit offer further clarity into the applications of the federal sex trafficking statutes. In the case of United States v. Muldrew, the Court held that multiple separate offenses involving the same minor victim were sufficient to create a “pattern,” therefore upholding an aggravated sentence for the defendant’s sex trafficking activities. The Court also recently addressed sex trafficking of children under §1591 in the case of United States v. Walker. Under the section, knowingly recruiting, transporting, or soliciting a person in interstate commerce, or benefiting financially from such a venture, by using force, fraud, or coercion to cause the minor to engage in a sex act is criminalized. The statute provides a 15-year minimum sentence for offenses involving force, threats, or coercion, or involving victims under the age of 14. When the victim was between the ages of 14 and 18 years, and the offender did not use force or coercion in the process of committing the offense, the minimum sentence is 10 years. In both circumstances, the offender can be sentenced to life in prison. In Walker, the Court clarified the definition of “serious harm” required to constitute coercion. Finding that nonphysical threats, including psychological, financial, or reputational harm, constitute serious harm so long as the threats are sufficiently serious, and therefore brought the defendant’s behavior within the meaning of the statute. In both cases, the Court construed the statutes broadly, enabling harsh punishments against defendants convicted of sex trafficking offenses.
The offense of sexual exploitation of children is defined in 18 U.S.C. §2251. Broadly, the section prohibits using any measures, including persuading, coercing, employing, or transporting, a minor for the purpose of having the minor engage in sexually explicit conduct to produce or transmit a visual depiction of the conduct. Any parent or guardian who knowingly permits or assists in such conduct is similarly punished. Generally, the offense is punishable by prison time between (15) – (30) years’ imprisonment. If the offender has engaged in a past offense involving the sexual abuse of children, or any State offenses related to sexual abuse, sex trafficking of children, or child pornography, the sentencing range increases, with an associated punishment of between 25 and 50 years’ imprisonment. If the offender has two or more prior convictions for the aforementioned crimes, the offender faces a minimum of 35 years’ imprisonment, and can receive a life sentence. If the conduct causes the death of a person, the sentence ranges from 30 years’ imprisonment to life. The Eleventh Circuit clarified the breadth of this statute in the case of United States v. Bracero-Navas. On appeal, the defendant challenged a jury instruction stating that otherwise innocent conduct may fall within the reach of §2251 based on the actions of the individual creating the depiction. The Court found, however, that the instruction was derived from an earlier Eleventh Circuit decision and was an appropriate statement of the law. Accordingly, the Eleventh Circuit affirmed the conviction, which subjected the defendant to 480 months’ imprisonment followed by 15 years’ supervised release.
A variety of activities related to child pornography are criminalized under 18 U.S.C. §2252A. The section broadly criminalizes activities involving the knowing transport, distribution, receipt, reproduction, or advertisement of child pornography through interstate or foreign commerce. The statute also specifically addresses the distribution of child pornography to minors, specifically criminalizing such conduct for the purpose of inducing the minor to participate in illegal activity. Offenses involving the distribution, receipt, or reproduction of child pornography are punishable by 5-20 years’ imprisonment, but the sentence increases to 15-40 years’ imprisonment for offenders with prior sexual abuse, sex trafficking, or child pornography convictions. Possessing or accessing child pornography in U.S. territories is addressed by 18 U.S.C. §2252A(a)(5). A first offense for possessing or accessing child pornography has a maximum associated sentence of 10 years’ imprisonment, but for content depicting a prepubescent minor under the age of 12, the maximum sentence is doubled to 20 years. If the offender has a prior conviction for sexual abuse, sex trafficking, child pornography, or related offenses, the offense is punishable by between (10) and (20) years’ imprisonment. The production of “deepfake” adapted or modified child pornography of an identifiable minor with intent to distribute through interstate or foreign commerce is punishable by up to 15 years’ imprisonment. When the activity is part of a broader child exploitation enterprise, involving three or more separate instances and more than one victim, while concerting with three or more persons, the offender must be sentenced to a minimum of 20 years’ imprisonment, with the possibility of a life sentence. §2252A also provides a civil cause of action for any person aggrieved by the conduct criminalized under the statute, offering further remedies for victims of child pornography.
The Eleventh Circuit recently affirmed a conviction for possession of child pornography in the case of United States v. Morris. The defendant challenged his conviction on the basis of knowledge, as §225A specifically prohibits the knowing possession of child pornography. The Court clarified that “possession” in the context of the statute is broad, and includes merely viewing images on a computer, as the images are taken into the control of the accessor. Therefore, the existence of any violating images on the defendant’s personal devices were “possessed” by the defendant. The Court also found that the defendant knowingly possessed the content, because the content was accessed on devices in his exclusive control. Accordingly, the Eleventh Circuit affirmed the conviction.
The Sex Offender Registration and Notification Act, or SORNA, is codified in 34 U.S.C. §§20911-20932. Under the act, each jurisdiction must contain a sex offender registry that is compliant with the Attorney General’s guidelines. §20913 requires sex offenders to register in any jurisdiction where that person lives, works, or attends school. The registration must remain current, and keep the proper jurisdictions informed of any changes in residence, employment, or education.
The act also established three separate tiers of sex offenders. The term “tier III sex offender” applies when the offense is punishable by more than one year in prison and the offense is comparable to or more severe than aggravated sexual abuse, sexual abuse, or abusive sexual contact against a minor younger than 13-years-old. Tier III also encompasses offenses involving the kidnapping a minor, and subsequent offenses committed by a tier II sex offender. Tier II imposes an identical sentence requirement but applies to offenses comparable to or more severe than sex trafficking, coercion and enticement, transportation with intent to engage in criminal sexual activity, and abusive sexual contact. This tier also encompasses offenses that involve the use of a minor in a sexual performance, the solicitation of a minor to practice prostitution, or the production or distribution of child pornography. Subsequent offenses by a tier I sex offender also cause the offender to be classified as a tier II sex offender. Tier I broadly encompasses other sex offenders that do not fall within tier II or tier III.
Depending on the tier of the sex offense, the duration of the registration period varies. For tier I sex offenders, registration is only required for 15 years. For tier II sex offenders, the duration increases to 25 years. Tier III sex offenders must register for life. After maintaining a clean record for 10 years, a tier I sex offender can reduce the registration period by 5 years. Tier III offenders adjudicated delinquent may, after maintaining a clean record for 25 years, reduce their registration period from life to the end of the 25-year period.
34 USC §20920 requires each jurisdiction to make certain information from the sex offender registry publicly available on the Internet. This policy allows concerned citizens to learn relevant information about registered offenders within a specific geographical area. The Act also requires the Attorney General to maintain a national database of registered sex offenders for law enforcement purposes. Although the National Sex Offender Registry is kept by the FBI, the information is also accessible to the general public via the National Sex Offender Public Website, maintained by the Attorney General. This service functions analogously to the sex offender registries of each individual jurisdiction. When sex offenders fail to register, the act grants authority for law enforcement to ensure compliance.
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case in the Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, or any federal jurisdiction in the Eleventh Circuit, including Alabama, Florida, and Georgia, contact Joe Ingram or Ingram Law LLC at 205-335-2640. Get Relief Get Results.