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Facilitating Travel of Another to Engage in Illicit Sexual Conduct

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US-JURY-11THCIR-O93-4-CR
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Facilitating Travel of Another to Engage in Illicit Sexual Conduct is a form of human trafficking, which involves someone helping someone else travel with the intent of participating in a sexual act that is illegal or against the law. This can include transporting or arranging for transport of someone for the purposes of sexual exploitation, taking them to a place where prostitution or other forms of sexual exploitation is practiced, or helping someone to travel to another country for the purpose of sexual exploitation. In some cases, the facilitator may be paid or receive some kind of benefit for their role. Types of Facilitating Travel of Another to Engage in Illicit Sexual Conduct include transporting someone to a place for sex work, arranging for transport to a place for sexual exploitation, and providing assistance to someone to travel to another country for sexual exploitation.

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FAQ

What is Human Trafficking? Human trafficking is compelling individuals into labor/commercial sex work through force, fraud or coercion, for the economic gain of the trafficker. It also includes when any minor in commercial sex work is a victim/survivor of human trafficking.

Illicit sexual conduct is a sexual act with a person under 18 years of age that would be illegal if it occurred in the United States, any commercial sex act with a person under 18 years of age, or the production of child ography.

In trafficking, the relationship is an ongoing one of exploitation and commodification from which the trafficker continues to profit. There are also cases where people who set out to be smuggled become victims of trafficking during their journey and are vulnerable to exploitation on arrival at their destination.

Human trafficking does not require an element of transportation to be considered a crime, but like any business, it can heavily depend on transportation systems to operate. Traffickers often use transportation hubs to recruit victims of sex trafficking and forced labor.

A conviction for transportation of minors under section 2423(a) carries a minimum penalty of 10 years in prison and a maximum penalty of life in prison, whereas a person convicted of violating section 2423(b), section 2423(c), or section 2423(d) can be sentenced to up to 30 years in prison.

Transportation Stage: People can be trafficked across legal or illegal border crossings, or, in cases when persons are trafficked inside the borders of a country, no border crossing at all.

Section 2422(a) of Title 18 prohibits anyone from knowingly persuading, inducing, enticing or coercing an individual to travel in interstate or foreign commerce with the purpose of engaging in prostitution or any criminal sexual activity, or attempting to do so, and imposes a maximum punishment of 10 years'

Federal Definition of Sex Trafficking The recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act in which the commercial sex act is induced by force, fraud, or coercion or in which the person induced is under 18.

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(b) Travel With Intent To Engage in Illicit Sexual Conduct.—. The law even further criminalizes other forms of "sex tourism"—the practice of traveling to other countries to engage in illicit sex with minors.Citizens or legal permanent residents, knowing that they are traveling for the purpose of engaging in illegal sex with a minor. Engaging in any illicit sexual conduct. (ii) Minor dealing in depictions of another minor thirteen years of age or older engaged in sexually explicit conduct in the second degree is a misdemeanor. It is illegal to travel in interstate commerce or into the United States with the purpose of engaging in illicit sexual conduct. (c) Engaging in illicit sexual conduct in foreign places. (c) Engaging in illicit sexual conduct in foreign places. (a) Transportation With Intent To Engage in Criminal Sexual Activity. (c) Engaging in Illicit Sexual Conduct in Foreign Places .

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Facilitating Travel of Another to Engage in Illicit Sexual Conduct