coolteensites.net
[Cool Teen Sites]

Special Note to U.S. Citizens Travelling Abroad

July 2002:
Interesting Point arrived by email:

A final note: it is possible to go to many Asian countries and participate in the sexual tourism scene without breaking any laws there and still be prosecuted when you return home because what you did would have been illegal in your home country. For example, the age of consent in Japan is 14; it is possible to legally have sex with a 14-year-old girl in Japan and then be prosecuted for child molestation, sexual assault on a minor, etc., when you return home. About 30 Western nations have laws to this effect. Those laws differ greatly from country to country and there is little information available on how often they are used.

Although an act of sexual intercourse with a 14-year-old child is illegal in the United Kingdom, it is not an unlawful act in Spain, under Spanish law.


07-2000 EDITOR NOTES:  We received this interesting email:

Subject: r.e. U.S. Citizens travelling abroad

I enjoyed looking through your site. It was interesting to see the wide variety between various states and countries.

Now, the main reason I'm writing, is to clear up some apparent confusion as to the meaning of the federal law you cited
(U.S. Code, Title 18, Chapter 117, SubSection 2423). First, one of the e-mails implied that this was a "new" law. I believe the
law has been on the books at least since the 70's. However, from time to time laws are "updated" or the wording is changed
slightly to reflect court decisions or to close "loopholes" in the law. Anyway, a few minor wording changes were made recently,
but this is not a new law.

The more important point in all of this is, " how does this law affect the people visiting this web site?" Actually, this law has very
little to do with the reason people visit your web site. The age of consent really is not the point here. The confusion lies in how
you read this law. Legal mumbo-jumbo goes around in circles and is easy to misread if you're not used to reading it. Everyone
so far has completely ignored the key term here; "Interstate or Foreign Commerce". If a person is travelling in "foreign commerce", then he or she is going to another country for the purpose of conducting business. Likewise, someone travelling in "interstate commerce" is travelling to another state to conduct some kind of business. Now, with that in mind, lets discuss the 2 parts of this statute.

Part (a) is simple. Anyone who transports a minor (under 18) to another state or country for the purpose of having that
person engage in any kind of sexual "business", such as prostitution, has violated this code and committed a crime.

Part (b) is a little more complex but essentially it says that if you travel across state or international lines for the purpose of
paying for a sex act (defined in Chapter 109A, SubSection 2246, [basically, penetration, oral sex, intercourse]) with a minor (in this case minor may mean under 16 OR 18, depending on the specific act), and if the sex act you are paying for is considered a crime under chapter 109A, subsection 2241-2245 (basically, rape, sexual assault, statutory rape[under 16]), then you have committed a crime.  You are also guilty if you aren't the one travelling but are a conspirator in the crime. An example would be if you sold people trips overseas for the purpose of having them pay for sex with minors (in this case, under 16).

Nothing in this law, I repeat, NOTHING keeps you from having consensual sex with someone under 18, as long as it's not against the local laws, under the age of consent where you are, and you're not paying the person (or being paid yourself) if the person is under the age of 16. I want to be clear on this, if you are in a country where the age of consent is 14, then you can have consensual sex with that person, you just can't pay to have sex with a 14 year old while you're there.

Hope this helps your readers.

 

[EDITOR NOTE:  07/2000 Received this very unique email regarding charges under this law]

Gentlemen:
I want to thank you for your site. I would still be in jail, did it not exist. Your Age Chart actually became part of the defense evidence of my case.

Her ad stated 16
She was 15
She was 16 at the time of the flight
Age of Consent in KS is 16
All Charges dismissed by 10th Circuit 29 JUN 00

I met a young lady on the internet who claimed one age on the adversizement requesting mail [16] and was younger than she claimed [15].   I chose to continue the corresponding "relationship" on the strentgh of this site and the citations of Law regarding her state. I also read all of KS sex law besides the age relational text, and complied with it--sexual solicitation of a minor (under the age of 16) is a felony in KS. 

I flew to Kansas to meet the young lady [now 16] of whom I was greatly enamored. I was met by both the FBI and the Chief of Police of the young lady's town, arrested and incarcerated for 8 months. After nearly a year of great anxiety, I have been dismissed of the charge filed by the U.S. District Attorney in Kansas, Jackie Williams. It was alledged by the prosecution that I had traveled in interstate commerce to have sex with minor. I was charged with 2423 (b) of Title XVIII.

ON 7 JULY 2000, I was informed by my attroney that they had at great long last dropped the case for insufficient evidence, as was the decision of 23 March 2000 of Hon. Wesley E. Brown, Senior Judge for the District of Kansas.  It was eventually decided that because the young lady was of consensual age, there could be no conviction. Judge Brown did mention
that the law is ambiguous. However the prosecution's motion to dismiss was ordered by the Solicitor General's Office in Washington, D. C., which would indicate their view is only to prosecute cases where the age of consent is higher than that of the 'victim'.

 

 

 

11/25/99 EDITOR NOTES:

This law seems like the kind of silly things the US government does when it cant find other ways to waste our time and money. I dont see how this law can be enforced if the act in question is not illegal in the place where it has taken place. Even enforcing it in the us would be difficult, since apparently, you have to go to this other place specifically to engage in this crime. It appears that if you just happen to be in a place where the age of consent is lower and have sex, prosecution is not possible.

 

RESEARCHER NOTES:
This was received via email.  After the email is a copy of the actual FEDERAL law.  We have received many emails and have made them part of the thread of information.  Please take your time and read all of the information.

 

Date: Sat, 18 Mar 1995 09:55:58 -0800 (PST)
From: Rex Wockner <rwockner@netcom.com>
Subject: THAT LAW ON SEX ABROAD
	When I shared over the Internet the item below, which is 
from my weekly roundup of world news that I do for newspapers,
I received a lot of e-mail from people wanting more information
and a lot of e-mail from people telling me I must have made this
up. The item was based on an Associated Press story which I did
not keep a copy of, so I was of little assistance to those who
wrote to me. Now, I'm happy to report that the newest Bulletin of
the International Lesbian and Gay Association (#1/95) has an
extensive report on this matter on pages 23 and 24. ILGA's e-mail
address is: ilga@gn.apc.org, if you'd like to order a copy of the
bulletin.
December 1, 1994
<< U.S. RESTRICTS SEX ABROAD >>
   by Rex Wockner
	President Clinton's new crime bill makes it illegal for a
U.S. citizen to have sex with someone under age 18 while visiting
a foreign country.
	It doesn't matter if the age of consent in the other country
is lower than 18. Ages of consent worldwide for gay and
heterosexual sex vary from 12 to 21.
	The penalty for violating the new law is up to 10 years in
prison.
(Source: AP)

 

Received by Email-

Specifically, under the Clinton' Crime Against Humanity Act'
[to declare love a crime based on the age of the participants is a crime
against humanity] if one crosses a state or international boundary with
the INTENT to have sexual congress with a person under 16 (sixteen)
years of age they have committed a "felony" punishable by up to 10 years
in prison. The legislation is misleading when read on its face and
mentions the age 18, but in spelling out the age to which the law is to
be applied makes clear the effective age is 16.

 

WE LOCATED THE ACTUAL LAW:

Sec. 2423. Transportation of minors

  • (a) Transportation With Intent To Engage in Criminal Sexual Activity. - A person who knowingly transports any individual under the age of 18 years in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such 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 or imprisoned not more than ten years, or both.
  • (b) Travel With Intent To Engage in Sexual Act With a Juvenile. - A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any 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 shall be fined under this title, imprisoned not more than 10 years, or both.

 

 

 

Sec. 2246. Definitions for chapter

As used in this chapter -

  • (1) the term ''prison'' means a correctional, detention, or penal facility;
  • (2) the term ''sexual act'' means -
    • (A) contact between the penis and the vulva or the penis and
      the anus, and for purposes of this subparagraph contact
      involving the penis occurs upon penetration, however slight;
    • (B) contact between the mouth and the penis, the mouth and
      the vulva, or the mouth and the anus;
    • (C) the penetration, however slight, of the anal or genital
      opening of another by a hand or finger or by any object, with
      an intent to abuse, humiliate, harass, degrade, or arouse or
      gratify the sexual desire of any person; or
    • (D) the intentional touching, not through the clothing, of
      the genitalia of another person who has not attained the age of
      16 years with an intent to abuse, humiliate, harass, degrade,
      or arouse or gratify the sexual desire of any person;
  • (3) the term ''sexual contact'' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
  • (4) the term ''serious bodily injury'' means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
  • (5) the term ''official detention'' means -
    • (A) detention by a Federal officer or employee, or under the
      direction of a Federal officer or employee, following arrest
      for an offense; following surrender in lieu of arrest for an
      offense; following a charge or conviction of an offense, or an
      allegation or finding of juvenile delinquency; following
      commitment as a material witness; following civil commitment in
      lieu of criminal proceedings or pending resumption of criminal
      proceedings that are being held in abeyance, or pending
      extradition, deportation, or exclusion; or
    • (B) custody by a Federal officer or employee, or under the
      direction of a Federal officer or employee, for purposes
      incident to any detention described in subparagraph (A) of this
      paragraph, including transportation, medical diagnosis or
      treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency.

 

EMAILS RECEIVED:

Subject:  Sec. 2423, US Federal Code
Date:      Tue, 10 Aug 1999 20:52:08 EDT
From:      [removed]

There is a bit of ambiguity in the above-mentioned section of Title 18. The subject header is "Transportation of Minors," indicating that this code deals with the movement of children across international borders. Also, the language "travels in interstate commerce...with a person under 18 years of age..." can be interpreted either as travels with a child (travels together), or travels to encounter a child (travels alone). In the context of the title of Section 2423, it can be interpreted to mean the former:    escorting a child across an international border to avoid US statutory rape
laws. If this were true, it would be legal to encounter a child overseas and  have sexual relations, if the child did not travel there for that purpose.   Perhaps a word on this would be helpful to your site. Thank you for your service.

MORE EMAIL:
Subject:   Information about US Traveling Citizens
Date:       Fri, 9 Jul 1999 05:09:55 -0700
From:      [removed]

[The age of consent site shows that ... ]  President Clinton's new crime bill makes it illegal for a U.S. citizen to have sex with someone under age 18 while visiting a foreign country. It doesn't matter if the age of consent in the other country is lower than 18. Ages of consent worldwide for gay and heterosexual sex vary from 12 to 21.

Now, that seemed a bit fishy to me, so I checked out the exact law:

(b) Travel With Intent To Engage in Sexual Act With a Juvenile. - A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any 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 shall be fined under this title, imprisoned not more
than 10 years, or both.

Correct me if I'm wrong, but it says, "for the purpose of engaging in any sexual act with a person under 18 years of age THAT WOULD BE IN VIOLATION OF CHAPTER 109A if the sexual act occured in the special maritime and territorial jurisdictions of the United States."

In other words, you can be fined or imprisoned if and only if you travel to another state or another
country and engage in a sexual act which would be illegal in the United States, such as rape, etc.

Chapter 109A Section 2243 follows:

Sec. 2243. Sexual abuse of a minor or ward

(a) Of a Minor. - Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who -
(1) has attained the age of 12 years but has not attained the age of 16 years; and
(2) is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.

In other words, an act would be illegal if the person was under 12, or between 12 and 16, and the person engaging was four years older.


Therefore, traveling to a foreign country to have sex with anyone under 12 is illegal, and traveling to a foreign country to have sex with anyone under 18 is illegal only if you are 4 years or more older (16 to 20). Similar restrictions apply to part A:

"with intent that such individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal offense, "

Note the "any sexual activity for which any person CAN BE CHARGED WITH A
CRIMINAL OFFENSE."

Here's a quick summary:

Traveling to have sex with someone under 12: ILLEGAL
Traveling to have sex with someone between 12 and 16, and you are less than four years older:   LEGAL if local provisions allow so
Traveling to have sex with someone between 12 and 16, and you are more than four years older: ILLEGAL
Traveling to have sex with someone 16 or over: Legal if local provisions allow so


ANOTHER EMAIL:

Subject: us age of concent for US travelers
Date:      Sun, 4 Jul 1999 09:59:46 -0500
From:     [removed]

I read your special notice to US travelers. You are right about the law, it does state clearly 18, but in section b of that law let me point out something.

(b) Travel With Intent To Engage in Sexual Act With a Juvenile. - A person who travels in interstate
commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any 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 shall be fined under this title, imprisoned not more than 10 years, or both.

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 clearly says that it has to be in violation of chapter 109A of the Maritime and Territorial Jurisdiction of the US.
When you go to section 109a it sets the age at 16. I am not a lawyer, so you may want to check that out, but I have spent hours reading over this law and adjoining section at http://uscode.house.gov/. Listed blow are the portions of chapter 109A that apply:

18 USC Sec. 2243 01/26/98

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I -
CRIMES
CHAPTER 109A -
SEXUAL ABUSE

-HEAD-
Sec. 2243. Sexual abuse of a minor or ward

-STATUTE-
(a) Of a Minor. - Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who -
(1) has attained the age of 12 years but has not attained the age of 16 years; and
(2) is at least four years younger than the person so engaging;  or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. (b) Of a Ward. - 

Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who is -(1) in official detention; and
(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than one year, or both.

(c) Defenses. - (1) In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably
believed that the other person had attained the age of 16 years.(2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence,
that the persons engaging in the sexual act were at that time married to each other.

(d) State of Mind Proof Requirement. - In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew - (1) the age of the other person engaging in the sexual act; or (2) that the requisite age difference existed between the persons so engaging.

18 USC Sec. 2241 01/26/98
-EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2241. Aggravated sexual abuse

-STATUTE-
(a) By Force or Threat. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act (1) by using force against that other person; or (2) by threatening or placing that other person in fear that
any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(b) By Other Means. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly -(1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby -  (A) substantially impairs the ability of that other person to
appraise or control conduct; and (B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(c) With Children. - Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than that person),  or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the
defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison. 

(d) State of Mind Proof Requirement. - In a prosecution under subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act
had not attained the age of 12 years.
18 USC Sec. 2241 01/26/98

-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2241. Aggravated sexual abuse

-STATUTE-
(a) By Force or Threat. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act
(1) by using force against that other person; or
(2) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned
for any term of years or life, or both.
(b) By Other Means. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly - (1) renders another person unconscious and thereby engages in a sexual act with that other person; or (2) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby -

(A) substantially impairs the ability of that other person to appraise or control conduct; and
(B) engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
(c) With Children. - Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than that person), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the
defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.(d) State of Mind Proof Requirement. - In a prosecution under subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years.

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 109A - SEXUAL ABUSE

-HEAD-
Sec. 2242. Sexual abuse

-STATUTE-
Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly - (1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person
will be subjected to death, serious bodily injury, or kidnapping); or (2) engages in a sexual act with another person if that other person is - (A) incapable of appraising the nature of the conduct; or
(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title,   imprisoned not more than 20 years, or both.

Once again Sec. 2423. Transportation of minors Law states in section be that two things must apply. the person must be under 18 AND in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States

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