18 U.S.C. § 2442

Recruitment or use of child soldiers

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(a)Offense.—Whoever knowingly—(1) recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or(2) uses a person under 15 years of age to participate actively in hostilities;knowing such person is under 15 years of age, shall be punished as provided in subsection (b).(b)Penalty.—Whoever violates, or attempts or conspires to violate, subsection (a) shall be fined under this title or imprisoned not more than 20 years, or both and, if death of any person results, shall be fined under this title and imprisoned for any term of years or for life.(c)Jurisdiction.—There is jurisdiction over an offense described in subsection (a), and any attempt or conspiracy to commit such offense, if—(1) the alleged offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)); 11 So in original. An additional closing parenthesis probably should precede the semicolon.(2) the alleged offender is a stateless person whose habitual residence is in the United States;(3) the alleged offender is present in the United States, irrespective of the nationality of the alleged offender; or(4) the offense occurs in whole or in part within the United States.(d)Definitions.—In this section:(1)Participate actively in hostilities.—The term “participate actively in hostilities” means taking part in—(A) combat or military activities related to combat, including sabotage and serving as a decoy, a courier, or at a military checkpoint; or(B) direct support functions related to combat, including transporting supplies or providing other services.(2)Armed force or group.—The term “armed force or group” means any army, militia, or other military organization, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association.(Added Pub. L. 110–340, § 2(a)(1), Oct. 3, 2008, 122 Stat. 3735.)
Notes of Decisions
Cited in 18 cases (9 in the last 5 years), 2009–2024 · leading case: United States v. Rogers, 587 F.3d 816 (7th Cir. 2009).
United States v. Rogers, 587 F.3d 816 (7th Cir. 2009). · cites it 2× “For this conduct, the government charged Rogers with attempting to entice a minor to engage in sexual activity, 18 U.S.C. § 2442 (b), and using the Internet to attempt to transfer obscene material to a minor, 18 U.”
Negusie, 27 I. & N. Dec. 347 (BIA 2018). · cites it 2× “3735, making the recruitment of child soldiers abroad a violation of domestic law under 18 U.S.C. § 2442 (Supp. II 2008), as well as grounds of inadmissibility and deportability under sections 212(a)(3)(G) and 237(a)(4)(F) of the Act, 8 U.”
United States v. Eric D. Wagner, 872 F.3d 535 (7th Cir. 2017). “Following a grand jury indictment, Wagner was convicted of knowingly attempting to persuade or induce a minor (“Jen”) to engage in illegal sexual activity, in violation of 18 U.S.C. § 2442 (b). C. Sentencing Before the sentencing hearing, the Probation Officer submitted the…”
United States v. Thomas Patrick Keelan, 786 F.3d 865 (11th Cir. 2015). “2(a)(2) because a substantial risk that physical force may be “used,” as provided by § 16(b), is more limited than conduct that “presents” a serious potential risk of injury, • as provided by § 4B1.”
United States v. Mark Joseph Unrein, 688 F. App'x 602 (11th Cir. 2017). “Attempted child enticement, in violation of 18 U.S.C. § 2442 (b), requires proof beyond a reasonable doubt that a defendant intended to cause a minor “to assent to sexual contact with him” and “took a substantial step toward causing that assent.”
United States v. Daniel, 576 F.3d 772 (7th Cir. 2009). “A grand jury indicted Daniel for violating 18 U.S.C. § 2442 (b), which forbids knowingly persuading, inducing, enticing, or coercing an individual under the age of 18 to engage in criminal sexual activity.”
United States v. Raymond (D.D.C. 2023). · cites it 2× “§§ 2244 (a)(2) and 7(9); and one count of coercion and enticement to travel to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2442 (a); two counts of sexual abuse in violation of 18 U.”
United States v. Paul Montanez (5th Cir. 2019). “Paul Anthony Montanez pleaded guilty to a single count of enticement of a child, which is a violation of 18 U.S.C. § 2442 (b). Montanez approached the 13-year-old male victim in a park and claimed he wanted to buy his bicycle.”
United States v. Raymond (D.D.C. 2023). “4 §§ 2244(a)(2) and 7(9); and one count of coercion and enticement to travel to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2442 (a). Between the Statement of Offense, the Complaint, the Statement of Offense, and the Superseding Indictment, the Government…”
United States v. Raymond (D.D.C. 2023). “§§ 2244 (a)(2) and 7(9); and one count of coercion and enticement to travel to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2442 (a). Based on the allegations in that indictment and the substantial litigation this case has incurred and will incur in the…”
United States v. Raymond (D.D.C. 2023). “§§ 2244 (a)(2) and 7(9); and one count of coercion and enticement to travel to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2442 (a). Id. Based on the allegations in that indictment and the substantial litigation this case has incurred and will incur in the…”
United States v. Raymond (D.D.C. 2023). “§§ 2244 {a)(2) and 7(9); and one count of coercion and enticement to travel to engage in unlawful sexual 3 REGACTED / CLEARED FOR PUBLIC RELEASE REDACTED / CLEARED FOR PUBLIC RELEASE activity, in violation of 18 U.S.C. § 2442 (a). The operative superseding indictment more than…”
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