Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Unhappy What is the Federal Definition of "Sex Act"

    My question involves criminal law for the state of: USA Federal

    Here is the text of 18 USC § 2423 (c) and (f):
    (c) Engaging in Illicit Sexual Conduct in Foreign Places.
    Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
    (f) Definition.— As used in this section, the term “illicit sexual conduct” means
    (1) a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or
    (2) any commercial sex act (as defined in section 1591) with a person under 18 years of age.

    The definition of "sexual act" in section 2246(2) is clear and unambiguous.
    The definition of "commercial sex act" in section 1591(e)(3) is:
    The term “commercial sex act” means any sex act, on account of which anything of value is given to or received by any person.

    Is there a clear definition of "sex act" in 1591(e)(3) ?
    Is it subject to the interpretation of the federal court, any case law ?
    Is it a catch all phrase that include anything possible, such as a grope ?

  2. #2

    Default Re: Us Code 18 Usc § 1591 Definition of "Sex Act"

    "Sexual act" is defined in ss 2246:

    http://codes.lp.findlaw.com/uscode/18/I/109A/2246

    Over-the-clothes groping fits the definition of "sexual contact", a different charge.

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Us Code 18 Usc § 1591 Definition of "Sex Act"

    I am aware of "sexual act" defined in section 2246 of chapter 109A.
    My question is definition of "sex act" in section 1591(e)(3) of chapter 77.
    Lawmakers like to play word games.
    I am afraid that, sometimes even identical english phrase may have different definitions in different chapter/sections of the code.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Us Code 18 Usc § 1591 Definition of "Sex Act"

    As you presumably are aware, 18 USC § 1591(e)(3) pertaining to sex trafficking of children provides, "The term 'commercial sex act' means any sex act, on account of which anything of value is given to or received by any person."

    If there's no statutory definition you go with plain language meaning, and the concept of a "sex act" is pretty much self-explanatory. A court may be willing to look at other statutory definitions for guidance, even if not applicable to the specific section.

    You can search for case law using free sites like Google Scholar, or paid sites like Lexis and Westlaw.

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Us Code 18 Usc § 1591 Definition of "Sex Act"

    Mr. Knowitall, thanks for your information.
    I did a google scholar case law search, couldn't find any case to clarify.

    For the plain language meaning of "sex act", here are the definitions from some online dictionaries.
    (a) dictionary.reference.com/browse/sex+act?s=t
    "sexual intercourse; copulation"
    (b) oxforddictionaries.com/definition/sex%2Bact?region=us&q=sex+act
    "any sexual act"
    (c) www.webster-dictionary.org/definition/sex%20act
    "the act of sexual procreation between a man and a woman; the man's penis is inserted into the woman's vagina and excited until orgasm and ejaculation occur"
    (d) www.merriam-webster.com/dictionary/sex%20act
    1: coitus —used with the
    2: an act performed with another for sexual gratification

    The merriam-webster definition(2) is wide open.
    it can including anything for sexual gratification, such as foot worship.

    There are millions of Americans who are interested in various fetish/kink activities.
    1591(e)(3) put millions at risk without a clear definition of "sex act".

    1. Sponsored Links
       

Similar Threads

  1. Fraud: Definition of Bad Checks
    By Ignat in forum Criminal Charges
    Replies: 1
    Last Post: 06-24-2011, 11:02 AM
  2. Court-Appointed Lawyers: Private Federal Attorney or Federal Public Defender - Which Should I Go with
    By 09rigs20 in forum Criminal Defense Lawyers
    Replies: 4
    Last Post: 03-10-2011, 05:07 AM
  3. Definition of a Right of Way
    By yyz0 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-29-2009, 08:34 PM
  4. Privacy: Federal Agency Policy vs Federal Law
    By Gaoler in forum Employment and Labor
    Replies: 7
    Last Post: 11-10-2008, 03:06 PM
  5. Modification of Custody: Definition of Motion to Dismiss
    By WOLFGRL in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 12-22-2006, 06:56 PM
 
 
Sponsored Links

Legal Help, Information and Resources