06.08.2015 Views

By Linda A Smith Samantha Healy Vardaman Melissa A Snow

The National Report on Domestic Minor Sex Trafficking

The National Report on Domestic Minor Sex Trafficking

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14Shared Hope InternationalThere are many laws covering the prostitution, pornography, and sexual exploitation and abuse whichcan be applied in a relevant case of domestic minor sex trafficking. The federal laws that are applicableto prosecuting perpetrators can carry penalties which are substantially greater than state laws. Under theTVPA, trafficking of a minor carries a maximum life imprisonment sentence and a mandatory minimumsentence of 15 years if the child was younger than 14, and 10 years if the child was 14 to 17 years old.Therefore, it is critical that these cases are charged under the federal laws and prosecuted by the federalprosecutors more regularly to achieve the greatest deterrence.Table 2: Federal Laws Related to Domestic Minor Sex TraffickingFederal Law Minimum Sentence Maximum Sentence18 U.S.C.§ 2423(a) — Transportationof a minor with intent for minor toengage in criminal sexual activity18 U.S.C. §2422 — Coercion andenticement (transportation forprostitution or other criminal sexualactivity)10 years Life10 years LifeTVPA 18 U.S.C.§1591 — Sextrafficking of children or by force,fraud, or coercion18 U.S.C. §2251 — Sexualexploitation of children15 years (child is under 14)10 years (between 14-17)15 years25 years35 years30 yearsLife (child under 14 or under 18 withforce, fraud, or coercion)Life (child between 14-17 and noforce, fraud, or coercion used)30 years (first offense)50 years (one prior conviction)Life (two or more prior convictions)Life (if caused the death of the victimin the course of the crime) or sentenceof death18 U.S.C. §2251A — Selling or buyingof children30 years Life18 U.S.C. § 2252 — Certain activitiesrelated to material involved involvingthe sexual exploitation of minors18 U.S.C. § 2252A — Certainactivities related to materialconstituting or containing childpornography18 U.S.C. § 1466A — Obscene visualrepresentations of sexual abuse ofchildren5 years15 yearsNone10 years5 years15 yearsNone10 yearsNone10 years20 years40 years (if prior conviction)10 years (possession of pornography)20 years (if prior convictions)20 years40 years (if prior conviction)10 years (possession of pornography)20 years (if prior conviction)10 years20 years (if prior conviction)While state laws may vary, federal laws are consistent across states. As such, law enforcement officersand prosecutors report a preference for taking cases of domestic minor sex trafficking to the federal

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