§ 9.02 Transmitting Information About a Minor

• Jurisdiction: United States
• Publication year: 2020

§ 9.02 Transmitting Information About a Minor

Section 2425 of Title 18 of the U.S. Code criminalizes "using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States" to "knowingly" initiate

"the transmission of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense. . . ."²³

The statutory penalties for a violation of Section 2425 include a fine, imprisonment for not more than five years or both.²⁴ Defendants are sentenced pursuant to Section 2G1.1 (Promoting Prostitution or Prohibited Sexual Conduct) of the Sentencing Guidelines which sets a Base Offense Level of 19.²⁵

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Notes:

^[23] 18 U.S.C. § 2425.

^[24] Id.

^[25] U.S. Sentencing Guideline Manual § 2G1.1 (2001).