Amendment to coercion and enticement statute

Section 2422 of title 18, United States Code, is amended— (1)in subsection (b), by striking Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so and inserting the following:

Whoever, using the mail or any facility or means of interstate or foreign commerce (including the telephone or internet), or within the special maritime and territorial jurisdiction of the United States, knowingly— (1)persuades, induces, entices, or coerces any individual who has not attained the age of 18 years to engage in a commercial sex act or any sexual activity for which any person can be charged with a criminal offense; (2)engages in a commercial sex act with a minor; (3)solicits, offers to patronize, or patronizes a minor for a commercial sex act; (4)pays, agrees to pay, or offers to pay any person for the purpose of engaging in a commercial sex act with a minor; (5)enters or remains in a place with the intent to engage in a commercial sex act with a minor; or (6)attempts to commit any offense described in paragraphs (1) through (5) of this subsection

; and

(2)by adding at the end the following:

(c)

Knowledge of age

It is not a defense that the defendant did not know the victim’s age or reasonably believed the victim to be 18 years of age or older. If the defendant had a reasonable opportunity to observe the victim, the Government need not prove that the defendant knew that the victim was under 18 years of age. (d)

No requirement of force, fraud, or coercion

Proof of force, threats of force, fraud, or coercion is not required if the victim is a minor. (e)

No defense based on law enforcement involvement

It shall not be a defense to prosecution under this section that the purported minor was, in fact, an undercover law enforcement officer or an individual acting at the direction of law enforcement representing themselves as a minor. (f)

Definitions

In this section— (1)the term commercial sex act has the meaning given that term in section 1591(e)(3); (2)the term minor means a person under 18 years of age; and (3)the term sex act has the meaning given the term sexual act in section 2246(2), and includes sexual contact as defined in section 2246(3).

; and

(3)in subsection (b), as amended by paragraph (1), by striking shall be fined under this title and imprisoned not less than 10 years or for life and inserting shall be fined under this title and imprisoned not less than 10 years (or 15 years if the minor is under 14 years of age) or for life.