The Extraterritorial Sexual Exploitation of Children
The extraterritorial sexual exploitation of children is the act of traveling to a foreign country and engaging in sexual activity with a child in that country. Federal law prohibits an American citizen or resident to travel to a foreign country with intent to engage in any form of sexual conduct with a minor (persons less than 18 years old). It is also illegal to help organize or assist another person to travel for these purposes. This crime is a form of human trafficking, also referred to as child sex tourism. Convicted offenders face fines and up to 30 years of imprisonment.
The relative ease of international travel in modern-day society has led to the growth of a dark, more clandestine phenomenon– the extraterritorial sexual exploitation of children. The various modes of international travel provide easier means and more opportunities for individuals to travel abroad and engage in sexual activity with children.
In addition, technological advances have revolutionized the travel industry. The Internet allows individuals to quickly and easily exchange information regarding how and where to find child victims in foreign locations. Violators are also finding it easier to organize and navigate travel to foreign countries for these purposes online. Moreover, the utilization of the Internet may promote or encourage others to become involved in this form of child sexual exploitation.
Each year, Americans are prosecuted and convicted of committing this crime against children. While some offenders are pedophiles who preferentially seek out children for sexual relationships, others are situational abusers. These individuals do not consistently seek out children as sexual partners, but do occasionally engage in sexual acts with children when the opportunity presents itself. Children of developing countries are seen as easy targets by American perpetrators because of economic and political instabilities and the lack of effective law enforcement against this crime in these countries. However, incidents of extraterritorial sexual exploitation of children involving American perpetratrors occur all over the world, including in less developed areas, such as Southeast Asia, Central and South America, and more developed areas, such as Europe.
Some perpetrators rationalize their sexual encounters with children with the idea that they are helping the children financially better themselves and their families. Other perpetrators are drawn towards this crime because they enjoy the anonymity that comes with being in a foreign land. Racism, gender discrimination, and cultural differences are among other justifications. Regardless, the reason for travel makes no difference under the law; any American citizen or resident who engages in sexual conduct with a minor in a foreign land is punishable under federal law.
CEOS attorneys work with the High Technology Investigative Unit (HTIU), United States Attorney’s Offices around the country, the Federal Bureau of Investigation (FBI), Immigration and Customs Enforcement/Homeland Security Investigations (ICE), foreign governments, and foreign law enforcement personnel to investigate and prosecute cases arising under federal statutes prohibiting the extraterritorial sexual exploitation of children.
The enforcement of these laws abroad is part of the United States' effort to eradicate the sexual exploitation of children. Offenders prosecuted in the United States often face more appropriate penalties than if they were prosecuted in the country where the sexual abuse occurred. CEOS is dedicated to developing strategies and long-lasting relationships with foreign governments, law enforcement agencies, and prosecutors to more efficiently and effectively prosecute Americans sexually exploiting children in foreign countries.
In addition, CEOS attorneys travel all over the country to conduct trainings for investigators, law enforcement personnel and others involved in efforts to eradicate this crime. Moreover, CEOS designs, implements, and supports law enforcement strategies, legislative proposals, and policy initiatives relating to federal laws on the extraterritorial sexual exploitation of children.
U.S. Laws on n The Prostitution of Children |
18 U.S.C § 1591- Sex trafficking of children or by force, fraud, or coercion 18 U.S.C. § 2421- Transportation generally 18 U.S.C. § 2422- Coercion and enticement 18 U.S.C. § 2423- Transportation of minors 18 U.S.C. § 2425- Use of interstate facilities to transmit information about a minor |
The prostitution of children is prohibited by 18 U.S.C. § 1591. This statute makes it a federal offense to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor (defined as someone under 18 years of age) knowing or in reckless disregard of the fact that the victim is a minor and would be caused to engage in a commercial sex act. “Commercial sex act” is defined very broadly to include “any sex act, on account of which anything of value is given to or received by any person.” In other words, it is illegal both to offer and to obtain a child, and cause that child to engage in any kind of sexual activity in exchange for anything of value, whether it be money, goods, personal benefit, in-kind favors, or some other kind of benefit. Section 1591 also makes it a crime for individuals to participate in a business venture that obtains minors and causes them to engage in commercial sex acts.
Section 1591 is called “Sex trafficking of children or by force, fraud, or coercion.” Most people think of “trafficking” as involving movement across state or international borders. However, Section 1591 does not require proof that either the defendant or victim crossed state or international lines.
When the victim is a minor, Section 1591 does not require proof that the defendant used force, threats of force, fraud, or coercion, or any combination of those means, to cause the minor to engage in a commercial sex act.
Section 1591 applies equally to American children (U.S. citizens or residents) who are prostituted within the United States, as well as foreign nationals (persons not a U.S. citizen or resident) who are brought into the United States and are then caused to engage in prostitution. The law also criminalizes any person who conspires or attempts to commit this crime.
If the victim was under the age of 14 or if force, fraud, or coercion were used, the penalty is not less than 15 years in prison up to life. If the victim was aged 14-17, the penalty shall not be less than 10 years in prison up to life. Anyone who obstructs or attempts to obstruct the enforcement of this statute faces as many as 20 years imprisonment. Defendants who are convicted under this statute are also required to pay restitution to their victims for any losses they caused.
In addition, 18 U.S.C. §§ 2421 – 2423 criminalize a variety of activities pertaining to the prostitution of children. For example, Section 2421 and 2423(a) make it a crime to transport an individual or a minor across state lines for the purpose of prostitution or any other illegal sexual activity. Unlike 18 U.S.C. § 1591, both of those statutes do require proof that the victim crossed a state line. If a minor is transported across state lines in violation of Section 2423(a), the penalty is not less than 10 years in prison, up to life.
Section 2422(b) makes it a crime to use the U.S. Mail or certain technology, such as the Internet or the telephone (whether mobile or a land line), to persuade, induce, entice, or coerce a minor to engage in prostitution or any other illegal sexual activity. For example, it is a federal crime for an adult to use the mail, a chat room, email, or text messages to persuade a child to meet him or her to engage that child in prostitution or other illegal sexual activity. Under this statute, it is not necessary to prove that either the defendant or the victim crossed state lines. The penalty for this offense is not less than ten years in prison, up to life. Finally, 18 U.S.C § 2425 makes it illegal for any person to use the mail, telephones, or the Internet, to knowingly transmit the name, address, telephone number, social security number, or email address of a child under the age of 16 with intent to entice, encourage, offer, or solicit any person to engage in criminal sexual activity. This offense is punishable by up to five years in prison.