No other crime in our society results in the strong, negative stigma and social scorn as do sexual crimes. The mere allegation of sexual impropriety can often have disastrous and long-lasting negative consequences. In fact, sexual offenses and allegations of sexual misconduct are among the most serious crimes which we handle. As such, federal law encompasses many sex-related crimes, including many crimes designed to protect children. If the allegations result in a conviction, a defendant may be required to be placed on a sexual offender registry.

For those charged with or being investigated for any of the sex crimes listed below, it is important to act quickly obtain the legal counsel of an experienced criminal defense attorney as soon as possible. The selection of the right attorney may be the most important decision you make as you move forward with your defense. For a free case evaluation, call the sex crimes defense attorneys at The McKellar Law Firm today at 865-566-0125.

The following statutes apply to violations of federal law.  For violations of Tennessee statutes dealing with sex crimes, please visit our Tennessee Sex Crimes Page.  

18 USC § 1466A – Obscene Visual Representations of the Sexual Abuse of Children

In general, this statute applies to anyone who:

• knowingly attempts or succeeds in producing, distributing, transmitting, transporting, communicating, receiving, or possessing with intent to distribute a visual depiction of any kind that depicts a minor* engaging in sexually explicit conduct. Punishments include fines, imprisonment of no more than 2 years, or both.

* For the purposes of this section, a “minor” is any person under 18 years of age.

 

18 USC § 1470 – Transfer of Obscene Material to Minors

This statute applies to anyone who attempts of succeeds in using the mail or any facility or means of interstate or foreign commerce to knowingly transfer obscene matter to another individual who has not reached 16 years of age, knowing that such individual has not reached 16 years of age. Punishments includes fines, imprisonment of no more than 10 years, or both.

 

18 USC § 1591 – Sex Trafficking of Children or By Force, Fraud, or Coercion

This statute applies to anyone who knowingly:

• recruits, entices, harbors, transports, provides, obtains, or maintains by any means a person to engage in a commercial sex act; or
• benefits (financially or by receiving anything of value) from participation in a venture where force, threats of force, fraud, coercion, or any combination of such means will be used to cause another person to engage in a commercial sex act, or if that other person has not attained 18 years of age* and will be caused to engage in a commercial sex act

The punishments for offenses under this statute are as follows:

• If the offense was committed by means of force, threats of force, fraud, or coercion, or by any combination of such means, or if the person recruited, enticed, harbored, transported, provided, or obtained had not attained the age of 14 years* at the time of such offense:
  • Fines and imprisonment for any term no less than 15 years or for life
• If the person recruited, enticed, harbored, transported, provided, or obtained had attained the age of 14 years but had not attained the age of 18 years* at the time of such offense:
  • Fines and imprisonment no less than 10 years or for life
• Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of this section:
  • Fines, imprisonment for no more than 20 years, or both.

 

* In circumstances in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained, the Government does not need to prove that the defendant knew that the person was under 18 years of age.

 

18 USC § 2241 – Aggravated Sexual Abuse

Statutes and punishments regarding aggravated sexual abuse include both completed acts and attempts to commit such acts and are subdivided as follows:

• For those who use force or threats of bodily injury, kidnapping, or death in order to cause another person to engage in a sexual act face:
  • Punishments to include fines, imprisonment for any term of years or life, or both.

 

• For those who, by any other means, render another person unconscious and engage that person in a sexual act; or those who use a drug, intoxicant, or another similar substance (without the knowledge or permission of another person) to substantially impair the ability of that person, limit that person’s ability to appraise or control conduct, and engages in a sexual act with that other person
  • Punishments include fines, imprisonment for any term of years or life, or both.

 

• Anyone who crosses a state line with intent to engage in a sexual act with a person who has not attained the age of 12 years*, 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 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 the person so engaging), or attempts to do so,
  • Could face punishment of fines, imprisonment for no less than 30 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, the defendant shall be sentenced to life in prison.

 

* The Government does not 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 § 2242 – Sexual Abuse

This statute applies to anyone who engages or attempts to engage in a sexual act with another person who is:

• threatened or placed in fear;
• incapable of appraising the nature of the conduct;
• physically incapable of declining participation in that sexual act; or
• communicates unwillingness to engage in that sexual act.

 

Punishments include fines and imprisonment for any term of years or life.

 

18 USC § 2243 – Sexual Abuse of a Minor or Ward

Punishments regarding sexual abuse of a minor or ward include fines, imprisonment of no more than 15 years, or both and are subdivided as follows: 

• Anyone who knowingly engages or attempts to engage in a sexual act with another person who is more than 12 years old but less than 16 years old and is at least four years younger* than the person so engaging, 

• Anyone who knowingly engages or attempts to engage in a sexual act with another person who is in official detention and under the custodial, supervisory, or disciplinary authority of the person so engaging,

 

* The Government does not need to prove that the defendant knew the age of the other person engaging in the sexual act or that the requisite age difference existed between the persons so engaging.

 

18 USC § 2244 – Abusive Sexual Contact

Punishments regarding abusive sexual contact can range from imprisonment of no more than two years to a life sentence, as well as possible additional fines, and are based on individual factors, such as the following: 

• Aggravated Sexual Abuse – fines, imprisonment of no more than 10 years, or both
  • Aggravated Sexual Abuse of a Minor or Ward: fines and imprisonment for any term of years or for life
• Sexual Abuse – fines, imprisonment of no more than 3 years, or both
• Sexual Abuse of a Minor or Ward – fines, imprisonment of no more than 2 years, or both
• Other Circumstances – whoever knowingly engages in sexual contact with another person without that other person’s permission shall be fined, imprisoned no more than 2 years, or both
• Offenses Involving Young Children – if the sexual contact that violates this section is with an individual who is less than 12 years old, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.

 

18 USC § 2250 – Failure to Register

In General, whoever is required to register under the Sex Offender Registration and Notification Act (SORNA) and knowingly fails to register or update a registration as required by SORNA, shall be fined, imprisoned for no more than 10 years, or both.

Additional punishments for individuals who are required to register under SORNA and commit a Crime of Violence under Federal law include imprisonment ranging from 5 years to 30 years, depending on individual circumstances.

 

18 USC § 2251 – Sexual Exploitation of Children

Punishments regarding the sexual exploitation of children can range from imprisonment of no less than 15 years to a life sentence, as well as possible additional fines. Determining factors that may result in longer sentences or a death sentence include prior convictions of certain sex crimes. Sexual Exploitation of Children violations include:

·       Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, or for the purpose of transmitting a live visual depiction of such conduct; or

·       Any person who transports any minor with the intent that such minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct

 

18 USC § 2251A – Selling or Buying of Children

This statute pertains to any parent, legal guardian, or other person having custody or control of a minor who: 

• sells, offers to sell, or otherwise transfers custody or control of such minor with the knowledge that as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or
• sells, offers to sell, or otherwise transfers custody or control of such minor with intent to promote the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct, or the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct

This section additionally pertains to any person who:

• purchases, offers to purchase, or otherwise obtains custody or control of a minor with knowledge that as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or
• purchases, offers to purchase, or otherwise obtains custody or control of a minor with intent to promote either engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct

 

Punishments for violations of this section include fines and imprisonment of no less than 30 years or life.

 

18 USC § 2252 – Certain Activities Relating to Material Involving the Sexual Exploitation of Minors

Punishments regarding violations of this section can range from imprisonment of no less than 5 years and up to 40 years, as well as possible additional fines. Determining factors affecting the length of the sentence include prior convictions of certain sex crimes and the victim’s age.

Violations under this section include any person who, by any means of facility or foreign commerce, or in or affecting interstate or foreign commerce (including computer and mails):

• knowingly transports or ships any visual depiction, if the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and such visual depiction is of such conduct
• knowingly receives, or distributes, any visual depiction if the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and such visual depiction is of such conduct

• knowingly sells or possesses with intent to sell any visual depiction involves the use of a minor engaging in sexually explicit conduct; and such visual depiction is of such conduct
• knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction, if such a visual depiction involves the use of a minor engaging in sexually explicit conduct; and such visual depiction is of such conduct

 

18 USC § 2252A – Certain Activities Relating to Material Constituting or Containing Child Pornography

Punishments regarding violations of this section can range from imprisonment of no less than 5 years and up to 40 years, as well as possible additional fines. Determining factors affecting the length of the sentence include prior convictions of certain sex crimes, the victim’s age, and individual circumstances surrounding the violation(s).

Violations under this section include any person who, by any means of facility or foreign commerce, or in or affecting interstate or foreign commerce (including computer or mails):

• knowingly mails, transports, ships, receives, distributes any child pornography, or knowingly reproduces any child pornography for distribution
• knowingly advertises, promotes, presents, distributes, or solicits any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains an obscene visual depiction of a minor engaging in sexually explicit conduct; or a visual depiction of an actual minor engaging in sexually explicit conduct;
• knowingly sells or possesses with the intent to sell any child pornography
• knowingly possesses or accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
• knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct
• knowingly produces with intent to distribute, or distributes, by any means, including a computer, in or affecting interstate or foreign commerce, child pornography that is an adapted or modified depiction of an identifiable minor;

 

Additionally, individuals who engage in Child Exploitation Enterprises under this section may face imprisonment for no less than 20 years or for life.  statutes under this section who are engage in may face. Enterprises include any group of two or more individuals that are associated in fact, whether or not they are a legal entity.

 

18 USC § 2252B – Misleading Domain Names on the Internet

This statute applies to anyone who:

• knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity: Punishments include fines, imprisonment for no more than 2 years, or both
• knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet:  Punishments include fines, imprisonment for no more than 10 years, or both

 

18 USC § 2258 – Failure to Report Child Abuse

Under this section, any person who, while engaged in a professional capacity or activity learns of facts that give reason to suspect that a child has suffered an incident of child abuse and fails to make a timely report shall face fines, imprisonment of no more than 1 year, or both.

 

18 USC § 2260 – Production of Sexually Explicit Depictions of a Minor for Importation into the United States

Punishments regarding violations of this section can range from imprisonment of no less than 5 years and up to life or death sentences, as well as possible additional fines. Determining factors affecting the length of the sentence include prior convictions of certain sex crimes, the victim’s age, and individual circumstances surrounding the violation(s). Violations under this section include:

• Any person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, intending that the visual depiction will be imported or transmitted into the United States or into waters within 12 miles of the coast of the United States,
• Any person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States

 

18 USC § 2260A – Penalties for Registered Sex Offenders

This statue applies to anyone who is required by Federal or any other law to register as a sex offender commits certain felony offenses involving a minor, such as kidnapping or any violations concerning sexual crimes. The punishment shall be an additional 10-year sentence, to be served consecutively, added to the imprisonment imposed for the offense under that provision.

 

18 USC § 2421 – Transportation Generally

This statue applies to anyone who attempts or knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such individual engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense. Punishments included fines, imprisonment of no more than 10 years, or both.

 

18 USC § 2422 – Coercion and Enticement

This statue applies to anyone who:

• attempts or 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. Punishments included fines, imprisonment of no more than 20 years, or both.
• attempts or uses the mail or any facility or means of interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, to knowingly persuade, induce, entice, or coerce 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. Punishments included fines and imprisonment of no less than 10 years or for life.

 

18 USC § 2423 – Transportation of Minors

Statutes and punishments regarding the transportation of minors include attempts or conspiracies to do so and are subdivided as follows: 

• Transportation With Intent To Engage in Criminal Sexual Activity: Any 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. Punishments included fines and imprisonment of no less than 10 years.
• Travel With Intent To Engage in Illicit Sexual Conduct: Any 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, for the purpose of engaging in any illicit sexual conduct* with another person. Punishments included fines, and imprisonment of no more than 30 year, or both.
• Engaging in Illicit Sexual Conduct in Foreign Places: Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct* with another person. Punishments included fines, imprisonment of no more than 30 years, or both.
• 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 for the purpose of engaging in illicit sexual conduct*. Punishments included fines, imprisonment of no more than 30 years, or both.

 

* Under this title, illicit sexual conduct generally applies to any sexual act with a person under 18 years of age.

 

18 USC § 2425 – Use of Interstate Facilities to Transmit Information about a Minor

This statutes applies to anyone who attempts or succeeds in 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, to knowingly initiate the transmission of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense. Punishments include fines, imprisonment of no more than 5 years, or both.

 

18 USC § 2426 – Repeat Offenders

Repeat offenders are those individuals who have any prior sex offense conviction(s). In general, the maximum term of imprisonment shall be twice the term of imprisonment otherwise provided for the violated statute.

 

18 USC § 2428 – Forfeitures

This statute describes any additional fines that may be imposed on an individual who is found to violate any Federal sex laws. In general, the court may command that a person convicted of any violations of this chapter must forfeit:  

• his/her interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation;
• any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation
• any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter

 

Sex Crimes Definitions

Below are several definitions for terms often used when dealing with sex-related crimes:

 

Age of consent – The age at which criminal statutes acknowledge that an individual is capable of consenting to sexual acts, which varies by state.

 

Aggravated – Any circumstances during the commission of a crime that increase its seriousness or the injury

 

Child pornography – means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct

 

Coercion – the use of force or threats of serious harm, including the use of physical restraint(s), against any person, intended to cause a person to do something against their will

 

Forcible Sex Offenses – the act of forcible sexual intercourse with any person with some forcible compulsion to submit despite earnest resistance

 

Mistake of Fact – An error, incorrect decision or assumption, or a misunderstanding caused by the ignorance or facts or circumstances. As it relates to statutory rape and several other federal sex crimes, it does not matter if the perpetrator did not know that the victim was below the age of consent.

 

Molestation – the crime of sexual acts with children up to the age of 18, including touching of private parts, exposure of genitalia, taking of pornographic pictures, rape, inducement of sexual acts with the molester or with other children

 

Non-forcible Sex Offenses – sexual acts with individuals who are not capable of giving consent to sexual acts. Determining factors to determine an individual’s incapability may vary from state to state, but federal laws generally include those who, at the time of the crime, were underage victims, those who were physically helpless, and those who are permanently mentally disabled or were temporarily mentally incompetent. Consent is not considered to be a valid defense to the crime

 

Rape – sexual intercourse without consent and accomplished through force, threat of violence or intimidation

 

Rape Shield Laws – laws enacted to protect victims from the emotional trauma of being questioned about their sexual history on the witness stand

 

Sexting – the act of sending sexually explicit materials through mobile phones. In the U.S A teenager texting sexually explicit photographs of him/herself, or of their friends or partners, can be charged with distribution of child pornography and those who receive the images can been charged with possession of child pornography.

 

Sex Offender Registration and Notification Act (SORNA) – the Sex Offender Registration and Notification Act which is Title I of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.

 

Statutory Rape – sexual relations with anyone who has not reached the legal age of consent

 

For a free case evaluation, call the sex crimes defense attorneys at The McKellar Law Firm today at 865-566-0125.