Is Section 2423(b) of the Civil Code of Civil Procedure unconstitutional because it prohibits travel in interstate commerce for the purpose of engaging in any sexual act with a minor?

MultiRegion, United States of America

The following excerpt is from U.S.A. v. Han, 230 F.3d 560 (2nd Cir. 1999):

Section 2423(b) forbids traveling "in interstate commerce . . . for the purpose of engaging in any sexual act (as defined in section 2246) with a person under 18 years of age." Han claims that this statute, as applied to him, is unconstitutional because the statute "requires merely the crossing of state lines with illegal thoughts to effectuate federal jurisdiction." He argues that United States v. Lopez, 514 U.S. 549, 559 (1995), requires an inquiry into whether the regulated activity "substantially affects" interstate commerce. The government contends that this requirement is not applicable to the case at bar.

Other Questions


Does section 1431.2 of the California Civil Code prohibit damages under California Code of Civil Procedure section 877 from being calculated as "economic damages" rather than as damages for personal injury? (MultiRegion, United States of America)
What is the effect of section 6621 of the Civil Code of Civil Procedure when dealing with civil matters? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
What is the test for finding a finding in a motion seeking to apply section 2D1.1(b)(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Does a party charged as a co-principal under Section 2(b) of the Civil Code of Civil Procedure have to be found guilty of criminal conspiracy to pervert the course of justice? (MultiRegion, United States of America)
What is the test for a jury to find a defendant guilty under section 2(b) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for judicial review of Section 1367(b) and (c) of the Civil Code of Civil Procedure in the context of a medical malpractice case? (MultiRegion, United States of America)
How has Section 654(b)(2) of the Civil Code of Civil Procedure been interpreted by a federal court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.