11th Cir. Pattern Jury Instr. (Criminal) O93.3

in a Foreign Place

18 U.S.C. § 2423(c)

It’s a Federal crime for [a United States citizen] [permanent resident alien of

the United States] to travel in foreign commerce and engage in any illicit sexual

conduct with another person.

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

facts are proved beyond a reasonable doubt:

(1) the Defendant is [a United States citizen] [an alien admitted to the

United States for permanent residence];

(2) the Defendant traveled in foreign commerce; and

(3) while the Defendant was in the foreign place, [he][she] engaged in

illicit sexual conduct with another person, that is, [person named in

indictment].

To “travel in foreign commerce” means that the defendant moved from a

place within the United States to a place outside the United States.

For purposes of this offense, the term “illicit sexual conduct” means

[causing a person under 18 years of age to engage in a sexual act by using force or

placing that person in fear that any person will be subjected to death, serious bodily

injury, or kidnapping] [a sexual act with a person under 18 years of age after

rendering that person unconscious or administering a drug, intoxicant, or other

substance that substantially impairs that person] [a sexual act with a person who is

under 16 years of age and is at least four years younger than the defendant] [a

commercial sex act with a person under 18 years of age].

[The term “sexual act” means:

• contact between the penis and the vulva, or the penis and the anus,

involving penetration however slight; or

• contact between the mouth and the penis, the mouth and the vulva,

or the mouth and the anus; or

• the penetration – however slight – of another person’s anal or

genital opening by a hand, finger, or any object, with an intent to

abuse, humiliate, harass, or degrade the person, or to arouse or

gratify the sexual desire of the Defendant or any other person[.]

[;or]

• [an intentional touching – not through the clothing – of the

genitalia of a person younger than 16 years old, with the intent to

abuse, humiliate, harass, or degrade the person, or to arouse or

gratify the sexual desire of the Defendant or any other person.]]

It is not necessary for the Government to prove that the illicit sexual conduct

violated the laws of the foreign country where it occurred or that the Defendant

intended to engage in the illicit sexual conduct at the time he departed the United

States.

[“Commercial sex act” means any sex act, for which anything of value is

given to or received by any person.]

[The defense asserts that although the Defendant may have committed the

acts charged in the indictment, the Defendant reasonably believed that [the person

named in the indictment] was 18 years or older at the time of the acts charged in

the indictment. If you find that the Government has proven beyond a reasonable

doubt all three elements of the offense, then you should consider whether the

Defendant has come forward and presented sufficient evidence to prove this

defense. The Defendant has to prove, by a preponderance of the evidence, that [he]

[she] reasonably believed that [the person named in the indictment] was 18 years

or older at the time of the acts charged in the indictment. This is sometimes called

the burden of proof or burden of persuasion. A preponderance of the evidence

simply means an amount of evidence that is enough to persuade you that the

Defendant's claim is more likely true than not true. If you find that the Defendant

has met this burden of proof, then you should find the Defendant not guilty of

Count _____, Engaging in Illicit Sexual Conduct in a Foreign Place.]

1

1 Pursuant to 18 U.S.C. § 2423(g), this affirmative defense applies only if the “illicit sexual conduct” charged in the

Indictment is “any commercial sex act with a person under 18 years of age.”