11th Cir. Pattern Jury Instr. (Criminal) O93.1

Criminal Sexual Activity

18 U.S.C. § 2423(a)

It’s a Federal crime to transport an individual under 18 years old in interstate

or foreign commerce with the intent that the individual engage in [prostitution]

[sexual activity for which any person can be charged with a criminal offense].

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly transported [person named in

indictment] in [interstate] [foreign] commerce;

(2) at the time of the transportation, [person named in indictment] was

less than 18 years old; and

(3) at the time of the transportation, Defendant intended that [person

named in indictment] would engage in prostitution or other

unlawful sexual activity.

[It is not necessary for the Government to prove anyone actually engaged in

illegal sexual activity after being transported across state lines. The Government

must prove beyond a reasonable doubt that a person under 18 years old was

knowingly transported across state lines by the Defendant and that the Defendant

intended at the time for the person under 18 to engage in prostitution or other

illegal sexual activity.]

The Government must prove that [if the intended sexual activity had

occurred, the Defendant] [one or more of the individuals engaging in the sexual

activity] could have been charged with a criminal offense under the laws of [state].

Under [state] law [Describe the applicable state law] is a crime.

[As used in this instruction, the term “prostitution” means engaging in or

agreeing or offering to engage in any lewd act with or for another person in

exchange for money or other consideration.]

To “transport in interstate commerce” means to move or carry someone, or

cause someone to be moved or carried, from one state to another. The term “State”

includes a State of the United States, the District of Columbia, and any

commonwealth, territory, or possession of the United States. It is not necessary to

show that the Defendant knew that state lines were being crossed, but the

Government must prove that state lines were crossed.