8.193 TRANSPORTATION OF MINOR

FOR PROSTITUTION

(18 U.S.C. § 2423(a))

The defendant is charged in [Count _______ of] the indictment with transporting a minor with intent that [he] [she] engage in prostitution in violation of Section 2423(a) of Title 18 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly transported [name of victim] from _______ to _______;

Second, the defendant did so with the intent that [name of victim] engage in prostitution; and

Third, [name of victim] was under the age of eighteen years at the time.

Comment

It is not a defense to the crime of transporting a minor for purposes of prostitution that the defendant was ignorant of the child's age. United States v. Taylor, 239 F.3d 994, 997 (9th Cir. 2001). "If someone knowingly transports a person for the purposes of prostitution or another sex offense, the transporter assumes the risk that the victim is a minor, regardless of what the victim says or how the victim appears." Id.

Approved 1/2019