11th Cir. Pattern Jury Instr. (Criminal) O93.4

to Engage in Illicit Sexual Conduct

18 U.S.C. § 2423(d)

It’s a Federal crime to [arrange] [induce] [procure] [facilitate] the travel of

another person knowing that such a person is traveling in interstate or foreign

commerce for the purpose of engaging in illicit sexual conduct and to do so for the

purpose of commercial advantage or private financial gain.

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

facts are proved beyond a reasonable doubt:

(1) the Defendant [arranged] [induced] [procured] [facilitated] the

travel of [person named in indictment], in interstate or foreign

commerce;

(2) the Defendant knew that [person named in indictment] was

traveling for the purpose of engaging in illicit sexual conduct; and

(3) the Defendant did so for the purpose of commercial advantage or

private financial gain.

[As used in this instruction, “induce” means to stimulate the occurrence of or

to cause.]

To “travel in interstate or foreign commerce” means to move from one State

to another or to move from within the United States to a place outside the United

States. 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 or international lines

were being crossed, but the Government must prove that such lines were crossed.

It is no defense to the crime charged in Count _____ that the intended illicit

sexual conduct was not accomplished. In other words, it is not necessary for the

Government to prove that anyone, in fact, engaged in any illicit sexual activity

after being transported in interstate or foreign commerce. Instead, the offense is

complete if the Government proves, beyond a reasonable doubt, that, for purposes

of commercial advantage or private financial gain, the Defendant facilitated the

travel of the person named in the indictment, and that the Defendant knew at that

time that the traveler intended to engage in illicit sexual conduct.

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 any 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 any person.]]

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

violated the laws of the foreign country to which the other person was traveling.

[“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] traveled to engage in illicit sexual conduct with a person

who 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 evi dence 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] intended to engage in illicit sexual conduct

with a person 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 _____, Facilitating the Travel of Another to Engage

in Illicit Sexual Conduct.]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.”