Sex crimes
Federal Travel for Illicit Sexual Conduct in Miami
Section 2423 of the federal criminal code punishes moving a minor across state or national lines for sex, sexual conduct with minors abroad by U.S. citizens and permanent residents, and helping others travel for that purpose. The penalties reach up to 30 years, and transporting a minor carries a 10-year mandatory minimum.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Everything you tell us is confidential. Our office answers 24 hours a day.
Transporting a Minor (§ 2423(a))
Under instruction O93.1, the government must prove that you knowingly transported the person across state lines or abroad, that the person was under 18 at the time, and that you intended at that time for the person to engage in prostitution or other sexual activity that is a crime. The government does not have to prove the sexual activity happened. Penalty: 10 years to life.
Illicit Sexual Conduct Abroad (§ 2423(c))
Under instruction O93.3, the government must prove that you are a U.S. citizen or lawful permanent resident, that you traveled in foreign commerce, and that while abroad you engaged in illicit sexual conduct with another person. The statute also covers citizens and permanent residents who live abroad, temporarily or permanently. Penalty: up to 30 years.
"Illicit sexual conduct" means a sexual act with a person under 18 that would violate federal sex-abuse law if it happened within federal maritime and territorial jurisdiction, a commercial sex act with a person under 18, or producing child pornography.
Facilitating Another Person's Travel (§ 2423(e))
Under instruction O93.4, the government must prove that you arranged, induced, procured, or facilitated another person's travel between states or abroad; that you knew the person was traveling for illicit sexual conduct; and that you did it for commercial advantage or private financial gain. The crime is complete when the travel is facilitated, even if no sexual conduct happens. Instruction O93.4 predates a 2023 law that moved this offense to § 2423(e) (the instruction still cites (d)) and now requires knowing the person is traveling "with intent to engage" in that conduct. Penalty: up to 30 years.
A Defense on Age
When the charged illicit sexual conduct is a commercial sex act with a minor, it is a defense that you reasonably believed the other person was 18 or older. Under current § 2423(i), you must prove it by clear and convincing evidence. The pattern instructions for these offenses (O93.3 and O93.4) predate the current statute: they still say "preponderance of the evidence," a lower standard, and cite the defense as § 2423(g). Congress raised the burden in 2015 and moved the defense to subsection (i) in 2023.
Other Penalties and Consequences
- Attempts and conspiracies are punished like completed crimes.
- Repeat offenders: the maximum is three times the normal term after a prior sex-offense conviction (§ 2426), and a § 2423(a) conviction can bring mandatory life under § 3559(e) when the victim and a prior victim were under 17.
- Registered offenders: an extra 10 years, consecutive, for a person already required to register who commits this offense involving a minor (§ 2260A).
- Supervised release of at least 5 years and up to life.
- Registration under federal law (15 years, 25 years, or life, by tier), and Florida counts federal convictions for similar offenses.
How We Defend These Cases
- Intent at the time of travel. What you intended when the trip began, shown by messages, bookings, and the itinerary.
- Age. What the evidence shows about the person's age and what you knew.
- Foreign evidence. Statements and records gathered abroad, and how they were obtained.
- For-profit element. For facilitation, whether there was commercial advantage or financial gain.
What to Do First
- Do not talk to agents, including at the airport or port. Ask for a lawyer.
- Do not delete messages or travel records.
- Call us. If you are not a U.S. citizen, see Immigration Consequences.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012 in state and federal court.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
See our Results page, Federal Criminal Defense, Human Trafficking and Sex Crimes Defense.
Frequently Asked Questions
Does the conduct have to be illegal in the foreign country?
No. Instructions O93.3 and O93.4 say the government does not have to prove the conduct violated the foreign country's laws; the federal definition controls.