18 U.S.C. Sec. 2423(G) AFFIRMATIVE DEFENSE is an affirmative defense to a criminal charge of transportation of a minor in interstate or foreign commerce with the intent to engage in criminal sexual activity. This section provides that it is an affirmative defense to a prosecution under this section if the defendant proves by a preponderance of the evidence that the conduct alleged did not occur and was not intended to occur. The two types of 18 U.S.C. Sec. 2423(G) AFFIRMATIVE DEFENSE are: 1. The defendant can prove that the conduct alleged did not occur. 2. The defendant can prove that the conduct alleged was not intended to occur.
18 U.S.C. Sec. 2423(G) AFFIRMATIVE DEFENSE
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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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, or attempts to do so, shall be
Section 2422(a) of Title 18 prohibits anyone from knowingly persuading, inducing, enticing or coercing an individual to travel in interstate or foreign commerce with the purpose of engaging in prostitution or any criminal sexual activity, or attempting to do so, and imposes a maximum punishment of 10 years'
(18 U.S.C. § 2422(b)) Mere preparation is not a substantial step toward committing the crime. To constitute a substantial step, a defendant's act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances.
A conviction for transportation of minors under section 2423(a) carries a minimum penalty of 10 years in prison and a maximum penalty of life in prison, whereas a person convicted of violating section 2423(b), section 2423(c), or section 2423(d) can be sentenced to up to 30 years in prison.
2422 ? Coercion and Enticement. A wide range of activity falls under the umbrella of federal sex crimes. For example, a person may be charged with a crime not only for engaging in illegal sexual activity, but also for coercing or enticing another person to partake in unlawful acts.
Section 2423(a) of Title 18 prohibits anyone from transporting any individual under the age of 18 years in interstate or foreign commerce with the intent that the minor engage in prostitution or any criminal sexual activity. It imposes a maximum 15 years' imprisonment and/or a fine under Title 18.