Extradition of Fugitive Charged with Enticing a Minor to Have Sex

[contrived2leave]

Mr. X is charged with enticing/inducing/coercing/persuading a minor (as believed by Mr. X, actually an adult decoy) to engage in sexual activity. Mr. X fled the trial after arraignment and is living in a foreign(third-world) country. It is very unlikely that the US demands extradition, as this person could challenge extradition on grounds that considerable damage was not caused to the US and also that he may face 10 years of mandatory minimum sentence ( the allegation was based on article 2422 b of the Federal sentencing guidelines).

That said, how likely is this person to be attempted for extradition from another foreign country? Say an European country or an East Asian country like Japan, Singapore, Hong Kong etc.

P.S: the attempt to induce happened through internet, a means of interstate commerce.

Thank you

[KeyWestDan]

I doubt anyone here knows the details of every extradition treaty that the US has entered into with other countries over the years.

One who knows the country would have to look up the treaty and see what crimes it applies to. Very often something that is not a crime in that particular country is not extraditable. Internet crimes are very new, especially in terms of extradition treaties, and it is very possible that many treaty documents do not include these crimes.

I would think that these types of crimes are less likely to be extraditable in a third world country than in any European country or other law based country like Japan.

However, that said, if a person is undesirable (read, does not have lots and lots of money to throw around) and the US knows where that person is, and notifies the foreign government, even if there is no extradition per se, that person is very likely to find himself DEPORTED to the country he came from or is a citizen of.

He can live in a foreign country as a tourist, but can't work. He has to leave the country, generally every 90 days for at least 3 days. Being what is called a perpetual tourist is being frowned upon in more and more countries, and one can suddenly find oneself denied entry or deported.

If in Europe it is even more difficult, as one has to travel to a country that is NOT a member of the European Union. That can get very expensive.

I thought going to Andora from Spain would be a cheap way around that, but Andora didn't even stamp the passport going in or out. They just waved the buses through. I suppose that would be a easy way to disappear from the radar though.

[LawResearcherMissy]

That said, how likely is this person to be attempted for extradition from another foreign country?

Depends on the country the criminal is hiding out in.

No, really.

[contrived2leave]

Hi Missy,

I am quite dubious about what your reply means. Does it mean that it depends on the country in which the fugitive hides and that the likelihood of extradition in any case would be meagre ? (Since you say, 'no, really' in the end) Please make this clear. Thank you for your reply.

[LawResearcherMissy]

It depends on whether or not the country in question 1) has an extradition treaty with the US and 2) under what circumstances the treaty demands extradition.