It is a federal criminal offense for a person to knowingly transport an individual who is less than 18 years of age in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with the intent that the individual engage in prostitution or in any sexual activity for which any person can be charged with a criminal offense. 18 U.S.C. §2423(a). A person convicted under this statute will be fined and imprisoned for not less than 10 years—and for as long as life in prison.

And it is a federal criminal offense for a person to travel in interstate commerce in the United States, or into the United States, or to travel in foreign commerce (outside of the United States) for the purpose of engaging in any illicit sexual conduct—as defined in 18 U.S.C. §2423(f)—with another person. 18 U.S.C. §2423(b). A person convicted of this offense may be fined and imprisoned for up to 30 years.

It is also a federal criminal offense for a person to travel in foreign commerce or to reside in a foreign country—either temporarily or permanently—and engage in any illicit sexual conduct with another person. 18 U.S.C. §2423(c). A person convicted of this offense may be fined and imprisoned for up to 30 years.

And it is a federal criminal offense for a person to arrange, induce, procure, or facilitate—for the purpose of commercial advantage or private financial gain—the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct. 18 U.S.C. §2423(d). A person convicted of this offense may be fined and imprisoned for up to 30 years.

In addition to these criminal offenses, it is also a criminal offense to attempt to violate one of these federal statutes, or to conspire to violate one of these federal statutes. 18 U.S.C. §2423(e). A person convicted of this offense may be fined and imprisoned for up to 30 years.

Under federal law, specifically 18 U.S.C. §2423, there are several criminal offenses related to the transportation and travel of individuals for the purpose of engaging in illicit sexual conduct, particularly with minors. In South Dakota, as in all states, these federal statutes apply. It is a crime to knowingly transport a minor across state or international lines with the intent that the minor engage in prostitution or illegal sexual activity, with a mandatory minimum sentence of 10 years up to life imprisonment. Additionally, it is illegal for a person to travel across state or international lines, or to reside temporarily or permanently in a foreign country, for the purpose of engaging in illicit sexual conduct, with penalties of up to 30 years in prison. Facilitating such travel for commercial advantage or financial gain also carries a penalty of up to 30 years. Attempting or conspiring to commit these offenses is equally punishable. These federal laws are enforced in South Dakota and across the United States, and they provide severe penalties to deter the exploitation of minors and the commercialization of illicit sexual conduct.