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Dr. Malachi Z. York
Our Constitution
COPY CAT CASE
VIDEO
Government Key
Witness Recants Her Testimony
Federal Court Pretrial
Transcripts
The Man Act that the government
charged Dr. Malachi Z York with.
§ 2423. Transportation of minors
(a) Transportation With Intent To Engage in Criminal Sexual Activity.— A
person who knowingly transports an individual who has not
attained the age of 18 years in interstate or foreign commerce,
or in any commonwealth, territory or possession of the United
States, with intent that the individual engage in prostitution,
or in any sexual activity for which any person can be charged
with a criminal offense, shall be fined under this title and
imprisoned not less than 10 years or for life.
(b) Travel With Intent To Engage in Illicit Sexual Conduct.— A
person who travels in interstate commerce or travels into the
United States, or a United States citizen or an alien admitted
for permanent residence in the United States who travels in
foreign commerce, for the purpose of engaging in any illicit
sexual conduct with another person shall be fined under this
title or imprisoned not more than 30 years, or both.
(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.
(d) Ancillary Offenses.— Whoever, for the purpose of commercial
advantage or private financial gain, arranges, induces,
procures, or facilitates 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
shall be fined under this title, imprisoned not more than 30
years, or both.
(e) Attempt and Conspiracy.— Whoever attempts or conspires to
violate subsection (a), (b), (c), or (d) shall be punishable in
the same manner as a completed violation of that subsection.
(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.
(g) Defense.— In a prosecution under this section based on
illicit sexual conduct as defined in subsection (f)(2), it is a
defense, which the defendant must establish by a preponderance
of the evidence, that the defendant reasonably believed that the
person with whom the defendant engaged in the commercial sex act
had attained the age of 18 years.
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