Traveling With Intent To Engage In Illicit Sexual Conduct In Texas

Federal law makes it a serious crime to travel across state lines or internationally with the intent to engage in illegal sexual conduct, even if no sexual act actually occurs.

Under 18 U.S.C. § 2423(b), prosecutors can charge you with this federal offense if they prove you crossed state boundaries to commit certain sex crimes involving minors, commercial sex acts, or child pornography production.

The government only needs to show that illegal sexual activity was a “motivating purpose” for your travel, meaning it was one significant reason among potentially several legitimate reasons for your trip.

These federal charges can carry devastating consequences, including up to 30 years in prison, mandatory lifetime sex offender registration, and severe restrictions on where you can live and work. Federal agents often build cases through online surveillance, undercover operations, and digital evidence collection, sometimes spending months monitoring communications before making arrests.

Because this is a federal crime, cases are prosecuted in federal court, where the government has unlimited resources and experienced federal prosecutors.

Understanding your rights and potential defenses is crucial if you’re facing investigation or charges under this statute, as early intervention can significantly impact the outcome of your case.

What Is 18 U.S.C. § 2423(b)?

Federal law 18 U.S.C. § 2423(b) makes it a serious crime to travel with the intent to engage in illegal sexual activity. This means if you cross state lines or travel internationally to commit certain sex crimes, you can face federal charges even if no sexual act actually occurs.

“Interstate commerce” means crossing state lines, while “foreign commerce” refers to international travel. Because this is a federal statute, these cases are brought in federal court, not in Texas state courts. The penalties are severe, with up to 30 years in federal prison.

Federal agents often build these cases through online surveillance and undercover operations. They may spend weeks or months monitoring chat rooms, dating apps, and social media platforms. Many cases involve what law enforcement calls “sting operations,” where agents pose as minors or parents offering access to children.

Our experienced Houston sex crime defense attorneys frequently see these cases in federal courts in Houston. We take immediate action to protect our clients’ rights because anything you say to federal agents can be used against you to prove intent. The government has unlimited resources, but you have constitutional rights that we aggressively defend.

What Counts as Illicit Sexual Conduct Under Federal Law?

“Illicit sexual conduct” has a specific legal definition under federal law. The government must prove you intended to engage in one of three categories of illegal sexual activity. Prosecutors interpret these definitions broadly and aggressively pursue charges.

The three types of illicit sexual conduct include:

• Sexual acts with minors: Any sexual activity with someone under 18 that would violate federal, state, or foreign age of consent laws.
• Commercial sex acts: Prostitution or exchanging anything of value for sex with someone under 18 years old.
• Child pornography production: Creating visual depictions of minors engaged in sexually explicit conduct.

We carefully analyze every communication and piece of evidence to challenge whether the alleged conduct actually falls within these legal definitions. The government’s interpretation is often overly broad, and we work to narrow its claims.

Even innocent conversations can be twisted by prosecutors to suggest criminal intent.

Do Prosecutors Need the Sexual Act to Occur to Charge § 2423(b)?

No, the sexual act does not need to happen for you to be charged and convicted. This is what lawyers call an “intent crime” – the government only needs to prove you traveled to engage in illegal sexual conduct.

The key legal concept is “motivating purpose.” This means the illegal sexual activity was a dominant, significant, or motivating reason for your travel. You can have mixed reasons for traveling, but if prosecutors can show illicit sexual conduct was one considerable purpose, that’s enough for a conviction.

For example, if you traveled to Houston for business meetings but also planned to meet someone for illegal sexual activity, you could still be convicted. The business purpose doesn’t protect you if prosecutors prove the unlawful purpose was also significant.

This makes defending these cases particularly challenging because legitimate travel can be combined with alleged criminal intent.

Federal agents use various methods to prove this motivating purpose, including monitoring your communications, tracking your travel patterns, and analyzing your online activity. Our skilled Houston criminal defense attorneys examine every aspect of the government’s case to challenge its evidence of intent and to expose weaknesses in its investigation.

How Do Federal Agents Build a § 2423(b) Case?

Federal investigators use sophisticated tactics to build cases and establish your intent to travel for illicit purposes. These investigations often take months and involve multiple law enforcement agencies working together. Understanding their methods helps us identify potential constitutional violations and defense strategies.

The most common investigative techniques include:

• Undercover operations: Agents pose as minors or parents in chat rooms and on social media platforms.
• Digital surveillance: Monitoring dating apps, messaging platforms, and online communications for suspicious activity.
• Travel tracking: Using airline records, hotel bookings, and credit card data to establish movement across state lines.
• Device searches: Obtaining warrants to examine computers, phones, and other electronic devices.
• Controlled meetings: Setting up fake encounters at airports, hotels, or other locations to make arrests.

“Sex crime police stings” are when law enforcement creates artificial scenarios to catch suspects. Agents often let online conversations develop over weeks or months to build evidence of criminal intent. They may pose as teenagers or as adults offering access to minors for sexual activity.

We scrutinize every aspect of these investigations for constitutional violations, entrapment, and improper law enforcement conduct. Federal agents sometimes cross the line from investigating manufacturing crimes to manufacturing them.

These aggressive tactics may violate your Fourth Amendment rights against unreasonable searches and seizures and your Fifth Amendment right against self-incrimination.

What Are the Penalties and Collateral Consequences in Texas?

A conviction under 18 U.S.C. § 2423(b) brings devastating penalties that extend far beyond prison time. The maximum sentence is 30 years in federal prison, but the collateral consequences can last a lifetime. Even being charged can destroy your reputation and career before any conviction occurs.

“Supervised release” is federal probation that follows your prison sentence. This can last from five years to life and comes with strict conditions, including regular check-ins, travel restrictions, and monitoring of your internet activity and communications.

The most severe long-term consequences include:

Sex offender registration is perhaps the most life-altering consequence. You must register with the local law enforcement agency where you live, work, or attend school. This information becomes public, affecting your housing options, employment prospects, and personal relationships.

Professional licenses in fields like education, healthcare, and finance are typically revoked upon conviction, with educators charged with sex crimes facing particularly severe professional consequences. Many employers conduct background checks, making it extremely difficult to find work. These consequences make mounting an aggressive defense absolutely critical to protecting your future.

What Defenses Can Beat or Reduce a § 2423(b) Charge?

Despite the serious nature of federal sex crime charges, viable legal defenses exist. At Scheiner DWI & Criminal Defense Lawyers, we tailor our defense strategy to attack the specific weaknesses in the government’s case against you. Successful defenses often combine multiple approaches to create reasonable doubt about your guilt.

We examine every aspect of your case, from the initial investigation through the charges filed against you. Our goal is to identify constitutional violations, challenge the government’s evidence, and protect your rights throughout the legal process.

Entrapment

Entrapment occurs when government agents induce someone to commit a crime they weren’t predisposed to commit. This defense applies when law enforcement goes beyond providing an opportunity to commit a crime and actually persuades or coerces you into criminal activity.

Online sting operations sometimes cross this line. If agents repeatedly solicited you, offered incentives, or used high-pressure tactics to convince you to travel, you may have an entrapment defense. The key is to show you weren’t predisposed to commit this type of crime before government contact.

Lack of Intent or Mixed Motives

The government must prove beyond a reasonable doubt that illegal sexual conduct was a motivating purpose for your travel. If you had legitimate business or personal reasons for traveling, this can defeat the intent element of the charge.

We examine your travel history, business records, and communications to show legitimate purposes for your trip. Even if some communications seem suspicious, we can argue they don’t prove criminal intent or that you changed your mind before traveling.

Reasonable Belief of Age

This defense applies specifically to cases involving commercial sex acts. If you can prove by clear and convincing evidence that you reasonably believed the other person was 18 or older, you may have an affirmative defense.

Evidence supporting this defense includes the person’s appearance, statements about their age, fake identification, or profiles on adult websites. However, this defense has strict requirements and doesn’t apply to all types of illicit sexual conduct charges.

Suppression of Digital Evidence

The Fourth Amendment protects you from unreasonable searches and seizures. If federal agents conducted improper searches, used defective warrants, or violated your constitutional rights, we can file motions to suppress illegally obtained evidence.

Digital evidence from internet sex crimes is often crucial to these cases, including text messages, emails, internet history, and social media communications. If this evidence was obtained illegally, excluding it from trial can severely weaken the government’s case or lead to dismissal of charges.

Interstate Travel and Venue

The government must prove you actually traveled across state lines or internationally with criminal intent. If your travel was entirely within Texas, federal charges may not be appropriate.

“Venue” refers to the proper court location for your case. At Scheiner Law DWI & Criminal Defense Lawyers, we can challenge whether a federal court in Texas has jurisdiction over your case, particularly if the alleged criminal activity occurred primarily in other states.

How Do Federal and Texas Charges Intersect?

Federal traveling charges often come with additional related charges that can dramatically increase your potential penalties. Prosecutors frequently engage in “charge stacking,” filing multiple related offenses to pressure defendants into plea bargains. Understanding how these charges interact is crucial for developing an effective defense strategy.

Standard federal charges that accompany § 2423(b) include § 2422 (Coercion and Enticement of a Minor) and § 2421 (Transportation for Illegal Sexual Activity, known as the Mann Act). Each carries its own severe penalties that may be imposed consecutively rather than concurrently.

State charges can also arise from the same investigation. Texas Penal Code § 33.021 (Online Solicitation of a Minor) criminalizes communicating with minors online for sexual purposes, regardless of travel. You could face both federal and state prosecution for the same underlying conduct.

We coordinate defense strategies across all charges to achieve the best possible overall outcome. This might involve negotiating with both federal and state prosecutors, challenging jurisdiction issues, or seeking to consolidate cases in the most favorable court.

What Should You Do if Agents Contact You?

If federal agents contact you about a traveling with intent investigation, your response in the first few minutes can determine the outcome of your case. Do not speak to them without an attorney present, even if you believe you’re innocent or can explain the situation.

Federal agents are highly trained in interrogation techniques designed to obtain admissions and build cases. They may seem friendly or suggest that cooperation will help you, but anything you say will be used against you in court. Even innocent explanations can be twisted to suggest criminal intent.

The steps you should take immediately include:

• Exercise your right to remain silent: Clearly state,DSS, I want to speak to an attorney,” and refuse to answer questions.
• Do not consent to searches: Federal agents may ask to search your home, car, or electronic devices without a warrant.
• Document the encounter: Write down agents’ names, badge numbers, and what they said as soon as possible.
• Preserve all evidence: Do not delete anything from your phone, computer, or social media accounts.
• Contact an attorney immediately: Time is critical for protecting your rights and building your defense.

We can intervene immediately to stop questioning, protect your constitutional rights, and begin investigating the government’s case against you. Early intervention often makes the difference between charges being filed or dropped.

Why Choose Scheiner DWI & Criminal Defense Lawyers for a § 2423(b) Case?

Federal sex crime charges require attorneys with specific experience in federal court and a deep understanding of these complex cases. Grant Scheiner is Board Certified in Criminal Law by the Texas Board of Legal Specialization.

With over 30 years of experience defending federal cases, Mr. Scheiner has been recognized by H-Texas Magazine as one of Houston’s “Top Lawyers” and by Texas Monthly as a “Texas Super Lawyer.” The National Trial Lawyers Association lists him as one of the “Top 100 Trial Lawyers” in Texas.

We understand both the legal complexities and personal stakes involved in these cases. Our goal is to protect your freedom, reputation, and future through vigorous advocacy and strategic defense planning.

Facing a Federal Sex Crime Charge in Texas? Call Us Now

If you’re under federal investigation or have been charged with traveling with intent to engage in illicit sexual conduct, time is critical. The government is building its case against you right now, and early intervention from an experienced federal defense attorney can make all the difference.

We offer confidential consultations to assess your situation and explain your legal options. Our team understands the urgency these cases require and is available 24/7 for emergencies. We’ll immediately begin protecting your rights and developing the strongest possible defense strategy.

Don’t face the federal government’s unlimited resources alone. Contact us today to schedule your consultation and take the first step toward protecting your freedom and future.

Frequently Asked Questions

Does the Sexual Act Need to Occur for Federal Charges?

No, federal law makes traveling with intent to engage in illicit sexual conduct a crime regardless of whether any sexual act actually occurs. The government only needs to prove you crossed state lines to commit illegal sexual activity.

What Does “Motivating Purpose” Mean in These Cases?

Motivating purpose means that illegal sexual conduct was a dominant or significant reason for your travel, even if you had other legitimate reasons for the trip. You can be convicted if prosecutors prove the illicit purpose was a critical factor in your decision to travel.

Will I Have to Register as a Sex Offender if Convicted?

Yes, a federal conviction under 18 U.S.C. § 2423(b) almost always requires lifetime registration as a sex offender. This imposes severe, permanent restrictions on where you may live, work, and travel, along with public-notice requirements.

How Is This Different from Texas Online Solicitation Laws?

Federal § 2423(b) requires proof that you actually traveled across state lines with criminal intent, while Texas Penal Code § 33.021 criminalizes online solicitation of minors regardless of travel. You may face both federal and state charges arising from the same underlying conduct.

Where Will My Federal Case Be Heard in Houston?

Federal cases under § 2423(b) in the Houston area are prosecuted in the United States District Court for the Southern District of Texas. The federal courthouse is located in downtown Houston, and these cases are handled by experienced federal prosecutors who specialize in sex crimes.