Comments on: Odd stories from Tennessee

By: Xrlq

Xrlq — Mon, 23 May 2005 17:30:18 +0000

Phelps, you're right about the scope of the statute but wrong about your specific example. It doesn't say any sexual act with a person under 18; it says any act with a person under 18 which would qualify as a crime under 18 U.S.C. Ch. 109A if committed on the high seas or under the territories. The only age-related violations under that chapter appear under 18 U.S.C. 2241(c) and 18 U.S.C. 2243, both of which fix the age of consent at a whopping 12. Make no mistake about it. This Phillips guy didn't go to Derkaderkastan to have consensual sex with a 17 year old. He went there to rape one. Or, if you prefer, to have "consensual" relations with an 11-year old.

By: Phelps

Phelps — Mon, 23 May 2005 05:28:58 +0000

Fraid not, Xlrq.

Sec. 2423. – Transportation of minors
(b) Travel With Intent To Engage in Sexual Act With a Juvenile. -
A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any 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 shall be fined under this title, imprisoned not more than 15 years, or both.

According to the Cambodian sex crime website, age of consent there is 15. That means that an American that travels there to bed down a 17 year old is not breaking the law in Cambodia, but he can be nailed when he comes back to the US (no pun intended.) As I read it, IANAL, so on and so forth.

By: Xrlq

Xrlq — Sun, 22 May 2005 16:16:24 +0000

I’d be interested in seeing the statute itself. My guess is that it does not make it illegal to have legal sex in Derkaderkastan, only to commit acts that are illegal both here and in Derkaderkastan, where enforcement is much spottier in Derkaderkastan. I’m pretty sure that’s how most of the sex tourism works.

By: jed

jed — Sat, 21 May 2005 15:01:28 +0000

In addition to the extra-jurisdictional sex laws, there the whole Cuban goods prohibition, which applies to U.S. subjects even when not in the U.S.

By: markm

markm — Thu, 19 May 2005 20:51:24 +0000

Good snark, Phelps. Now, since Congress has evidently decided that American jurisdiction doesn’t stop at the border where American citizens are concerned, how do we get non-American [1] UN personnel within our jurisdiction,

[1] That’s different from “un-American UN personnel”, which pretty much goes without saying…

By: Phelps

Phelps — Thu, 19 May 2005 15:58:24 +0000

Unless you are a UN Peacekeeper, of course.

By: Phelps

Phelps — Thu, 19 May 2005 15:57:16 +0000

Yeah, those laws are aimed squarely at what he did — the Thai kiddie sex tours. The law essentially says that you can’t go overseas to do something that would be illegal here. In other words, you can’t go to Derkaderkastan where rape is legal to rape women, and you can’t go to GingGoGow to have sex with 10 year olds.