United States of America v. Justin Kagerbauer

Milwaukee, Wisconsin, criminal defense lawyer represents the Defendant charged with attempting to travel in interstate or foreign commerce with intent to engage in illicit sexual conduct.

18 U.S. Code § 2423 - Transportation of minors

(a) Transportation With Intent To Engage in Criminal Sexual Activity.—
A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the 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 and imprisoned not less than 10 years or for life.
(b) Travel With Intent To Engage in Illicit Sexual Conduct.—
A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, with intent to engage in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
(c) Engaging in Illicit Sexual Conduct in Foreign Places.—
Any United States citizen or alien admitted for permanent residence who travels in foreign commerce or resides, either temporarily or permanently, in a foreign country, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
(d) Illicit Sexual Conduct in Connection With Certain Organizations.—Any citizen of the United States or alien admitted for permanent residence who—
(1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce;
(2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and
(3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization,
shall be fined under this title, imprisoned for not more than 30 years, or both.
(e) Ancillary Offenses.—
Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce with intent to engage in any illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both.
(f) Attempt and Conspiracy.—
Whoever attempts or conspires to violate subsection (a), (b), (c), (d), or (e) shall be punishable in the same manner as a completed violation of that subsection.
(g) Definition.—As used in this section, the term “illicit sexual conduct” means—
(1) a sexual act (as defined in section 2246) 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;
(2) any commercial sex act (as defined in section 1591) with a person under 18 years of age; or
(3) production of child pornography (as defined in section 2256(8)).
(h) Rule of Construction.—
As used in this section, the term “intent” shall be construed as any intention to engage in prostitution, sexual activity for which any person can be charged with a criminal offense, or illicit sexual conduct, as applicable, at the time of the transportation or travel.
(i) Defense.—
In a prosecution under this section based on illicit sexual conduct as defined in subsection (g)(2), it is a defense, which the defendant must establish by clear and convincing evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.

An indictment is not proof of guilt.