Federal Luring Crimes

Federal Luring Crimes: Coercion and Enticement Under 18 U.S.C. § 2422 and Penalties for Violations of Subsections (a) and (b)

Federal luring and enticement crimes, especially those prosecuted under 18 U.S.C. § 2422, are considered some of the most severe offenses in the U.S. criminal justice system. These charges often involve the use of the internet, phones, or other forms of communication to coerce or entice individuals—often minors—into illegal sexual activity. Even if no physical meeting takes place, the attempt alone can lead to federal prosecution. Law enforcement frequently uses sting operations to catch individuals suspected of committing these crimes, making these cases even more complex.

If you or someone you know is facing federal luring charges, it is crucial to have an experienced attorney by your side. Josh Tomsheck, a Board-Certified criminal defense lawyer with Hofland & Tomsheck, has extensive experience defending against coercion and enticement charges. His deep understanding of federal law and his ability to challenge evidence gathered through sting operations make him a powerful advocate for clients facing these serious accusations.

Understanding 18 U.S.C. § 2422

18 U.S.C. § 2422 is a federal statute that addresses coercion and enticement involving illegal sexual activity. This law has two subsections:

1. 18 U.S.C. § 2422(a): This section makes it illegal to use any means of interstate commerce (such as the internet or phone lines) to persuade, induce, or coerce any individual—whether an adult or minor—to engage in prostitution or other illegal sexual activities. Charges can be filed for attempts to commit this crime, even if no sexual act is completed.
2. 18 U.S.C. § 2422(b): This subsection focuses specifically on attempts to coerce or entice minors (individuals under the age of 18) into engaging in illegal sexual activity. In these cases, a defendant can be charged even if no actual meeting takes place. Law enforcement often sets up sting operations in which agents pose as minors to catch suspects attempting to commit this crime.

Penalties for Violating 18 U.S.C. § 2422(a)

Violations of 18 U.S.C. § 2422(a)—which involves coercing any individual (adult or minor) into prostitution or illegal sexual activity—come with significant penalties, including:

• Imprisonment: Conviction under § 2422(a) can result in a prison sentence of up to 20 years. The severity of the penalty depends on various factors, such as the defendant’s criminal history, the nature of the attempted crime, and whether there were aggravating circumstances.
• Fines: A defendant convicted under § 2422(a) may also face fines of up to $250,000, depending on the financial impact of the crime or any additional factors.
• Supervised Release: Following imprisonment, a defendant is likely to face a period of supervised release, which involves compliance with specific conditions such as therapy, monitoring, and restrictions on internet use.

Penalties for Violating 18 U.S.C. § 2422(b)

The penalties for violating 18 U.S.C. § 2422(b)—which focuses on enticing or coercing minors—are even more severe:

• Mandatory Minimum Sentences: A conviction under § 2422(b) carries a mandatory minimum sentence of 10 years in federal prison. However, depending on the specifics of the case, this sentence can be increased to life imprisonment if aggravating factors are present.
• Fines: Defendants may face fines of up to $250,000, just like in § 2422(a) cases. However, cases involving minors may lead to higher fines based on the seriousness of the offense.
• Sex Offender Registration: Conviction under § 2422(b) typically results in mandatory registration as a sex offender. This registration comes with strict limitations on where the defendant can live, work, and travel, and it may last for life.
• Supervised Release: Similar to § 2422(a), a conviction under § 2422(b) will likely include a term of supervised release following imprisonment. This may involve electronic monitoring, therapy, and severe restrictions on internet access and contact with minors.

Law Enforcement Sting Operations

In many cases, sting operations are used by law enforcement to catch individuals attempting to lure or coerce minors. In these operations, undercover agents pose as minors online to engage in conversations with individuals who may be seeking to engage in illegal activities.

Common tactics used in these sting operations include:

• Posing as Minors: Federal agents or police officers create fake online profiles of minors on social media or dating platforms to lure potential offenders into starting conversations.
• Guiding the Conversation: Once contact is made, the agents gradually guide the conversation toward sexual topics, often to provoke incriminating statements or actions.
• Arranging Meetings: Often, the goal of a sting operation is to arrange an in-person meeting between the suspect and the fictitious minor. Even if no meeting occurs, the attempt alone is enough to result in an arrest.

These operations are complex and sometimes involve aggressive tactics that may raise questions about entrapment or coercion by law enforcement. Josh Tomsheck has extensive experience in reviewing the details of sting operations and identifying weaknesses in the government’s case.

Defenses Against Coercion and Enticement Charges Under 18 U.S.C. § 2422

Federal charges under 18 U.S.C. § 2422 are serious, but there are several defenses that an experienced attorney like Josh Tomsheck can raise to challenge the prosecution’s case:

1. Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they would not have committed without the influence of the undercover agent. Tomsheck will carefully examine the interactions between the defendant and law enforcement to determine if entrapment occurred.
2. Lack of Intent: For a conviction under 18 U.S.C. § 2422, the prosecution must prove that the defendant intended to coerce or entice the individual into illegal sexual activity. Tomsheck can argue that the defendant did not have the intent required to commit the crime, such as in cases where the conversation was not serious or the individual did not believe they were communicating with a minor.
3. Coercion by Law Enforcement: In some sting operations, law enforcement officers may push a suspect into illegal activity. If agents crossed ethical lines or used inappropriate tactics, Tomsheck can challenge the admissibility of the evidence and argue that the charges should be dismissed or reduced.
4. Fourth Amendment Violations: The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement violated a defendant’s rights by conducting an illegal search or improperly gathering evidence, Tomsheck can file motions to suppress that evidence, which could significantly weaken the government’s case.

How Josh Tomsheck Can Help Defend You Against Federal Luring Charges

Facing federal coercion and enticement charges can be overwhelming, but with Josh Tomsheck’s experience, you can build a strong defense. Here’s how Tomsheck can help:

• Thorough Investigation: Tomsheck meticulously investigates every detail of the case, including the communications, the sting operation, and the behavior of law enforcement officers involved in the investigation.
• Challenging Sting Operations: Tomsheck has extensive experience analyzing sting operations, exposing weaknesses in the government’s case, and demonstrating how the tactics used by law enforcement may have violated a defendant’s rights.
• Tailored Defense Strategies: Every case is different, and Tomsheck builds a personalized defense strategy for each client, focused on obtaining the best possible outcome.

If you or a loved one is facing federal coercion or enticement charges under 18 U.S.C. § 2422, contact Josh Tomsheck at Hofland & Tomsheck today. His deep knowledge of the law and dedication to his clients make him the best choice for defending against these serious charges.