18 U.S.C. 2422(b) is the federal statute that makes it a crime to use the internet, phone, or any other interstate communication to persuade, induce, entice, or coerce someone under 18 into illegal sexual activity. A conviction carries a mandatory minimum of 10 years in federal prison and a maximum of life, plus mandatory sex offender registration and years — often a lifetime — of supervised release. Federal courts have consistently held the offense is complete at the point of attempted persuasion, even when no in-person meeting occurs and even when the “minor” is an undercover agent.
What Conduct the Statute Reaches
The law covers any use of interstate or foreign communication to try to persuade a minor into illegal sexual activity. Text messages, emails, direct messages on social media, chat rooms, and phone calls all qualify. Physical contact is not required. Neither is an in-person meeting. The attempt at persuasion is itself the crime.1Office of the Law Revision Counsel. 18 U.S. Code 2422 – Coercion and Enticement
The target does not have to be a real child. Federal appellate courts have upheld convictions where the defendant was communicating with an undercover officer posing as a minor. The statute looks at the defendant’s conduct and intent, not whether an actual child was at risk. That interpretation has survived constitutional challenges in multiple circuits.
Federal jurisdiction attaches whenever the communication moves through interstate or foreign commerce. Internet traffic and cellular signals cross state lines by their nature, so nearly any digital exchange satisfies this element. The Eleventh Circuit has held that a Yahoo chat room conversation meets the interstate commerce requirement even when both parties are in the same state.2Justia. United States of America v. Brian Panfil
What the Government Must Prove
Three elements. The defendant knowingly attempted to persuade a minor into illegal sexual activity. The defendant used a means of interstate or foreign commerce. And the target was, or was believed to be, under 18.
Intent is where these cases are usually fought. Prosecutors don’t need a confession. Courts allow jurors to infer intent from the content and pattern of the messages: sexually explicit language, escalating conversation, requests for images, or proposals to meet. Even indirect or suggestive language can satisfy the persuasion element when the overall context points toward illegal sexual contact. The Ninth Circuit has found that offering recreational activities and gifts to lure a minor fits the ordinary meaning of “persuade” or “induce.”
The attempt does not have to succeed. Explicit messages sent to someone the defendant believes is 14 still complete the offense when that person turns out to be an FBI agent. Direct communication with the minor is not strictly required either. The Eleventh Circuit has upheld a conviction where the defendant arranged contact with a child through an adult intermediary, on the reasoning that the statute targets persuasion, not the sex act itself.
Prison, Fines, and Restitution
The sentencing floor is 10 years in federal prison. The ceiling is life. There is no probation-only option. Federal judges use the U.S. Sentencing Guidelines to calculate a recommended range within that window, and several factors push the number higher: prior sex offenses, evidence the defendant intended to physically meet the minor, use of threats or coercion, and a pattern of targeting multiple victims.1Office of the Law Revision Counsel. 18 U.S. Code 2422 – Coercion and Enticement
The court can also impose a fine of up to $250,000, drawn from the general federal felony fine statute because 2422 itself sets no dollar amount.3Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine Restitution is available when there is an identifiable victim and can cover counseling, medical treatment, and related costs.
Supervised Release After Prison
Prison is not the end of federal supervision. Because 2422 sits within Chapter 117 of the federal criminal code, a conviction triggers mandatory supervised release of at least five years, and the court is authorized to impose supervision for any term up to life.4Office of the Law Revision Counsel. 18 U.S. Code 3583 – Inclusion of a Term of Supervised Release After Imprisonment Long terms are routine in these cases, and lifetime supervision is not unusual.
The conditions go well past periodic check-ins. Courts regularly impose computer and internet monitoring, requiring monitoring software on every device running Windows, macOS, Android, or iOS. The federal probation system administers this, and the cost often falls on the defendant.5USCourts.gov. Chapter 3: Cybercrime-Related Conditions (Probation and Supervised Release Conditions) Other common conditions include mandatory sex offender treatment, periodic polygraph exams, restrictions on contact with minors, limits on where the person can live and work, and GPS or electronic monitoring.
Violating a condition can put the person back in federal prison. For registered sex offenders who commit a new qualifying offense while on supervision, the court must revoke supervised release and impose at least five additional years behind bars.4Office of the Law Revision Counsel. 18 U.S. Code 3583 – Inclusion of a Term of Supervised Release After Imprisonment
Sex Offender Registration
A conviction under 2422(b) triggers mandatory registration under the Sex Offender Registration and Notification Act (SORNA). Registration applies retroactively and reaches every jurisdiction where the person lives, works, or attends school.6Department of Justice. Sex Offender Registration and Notification Act
SORNA classifies an enticement conviction under 2422(b) as a Tier II offense, which carries a 25-year federal registration period. There is no statutory mechanism to shorten that period for a clean record the way Tier I offenders can.7Office of the Law Revision Counsel. 34 U.S. Code 20915 – Duration of Registration Requirement Some states impose longer periods, including lifetime registration.
Registrants have to provide home and work addresses, vehicle information, and internet identifiers such as email addresses and screen names. Many states add residency restrictions that keep registrants a set distance from schools, parks, or daycare facilities, along with limits on internet use and employment.
Failing to register or update the information is a separate federal crime under 18 U.S.C. 2250, punishable by up to 10 additional years in prison.8Office of the Law Revision Counsel. 18 U.S. Code 2250 – Failure to Register A move, a new job, or a new email address triggers an update obligation. Missing one can send someone back to federal prison.
How These Cases Are Built
Most 2422(b) cases start with undercover operations. The FBI, Homeland Security Investigations, and Internet Crimes Against Children task forces run stings where agents pose as minors in chat rooms, on social media, and in dating apps. When a suspect initiates sexually explicit conversation or proposes a meeting, agents preserve every message and build the file before seeking an arrest warrant. Search warrants for phones, computers, and cloud accounts typically follow.
The evidence at trial is heavily digital: chat transcripts, text records, email archives, metadata, IP records, forensic analysis of seized devices, and service provider records tying a screen name to a specific person. Because the government usually controls the documentation from the first contact onward, the transcripts are essentially complete. Prosecutors also tend to seek pretrial detention rather than bail, arguing danger to the community. When bail is granted, conditions typically include electronic monitoring, an internet ban, surrender of devices, and no contact with minors.
Defenses That Have Been Tried
None of the standard defenses are easy given how much of the case is on the record in the defendant’s own words. The ones federal courts see most often:
- Entrapment. To succeed, the defendant has to show the government induced the conduct through pressure, coercion, or manipulation beyond offering an opportunity, and that he was not already predisposed to commit the offense. An agent who poses as a minor and waits for the defendant to initiate sexual conversation has not entrapped anyone. Courts reserve this defense for cases involving overbearing pressure, repeated coaxing, or deception about whether the conduct is illegal.
- Lack of intent. The argument is that the conversation was fantasy or role-play, not a genuine attempt to persuade a real minor. Courts weigh the totality of the exchange. Concrete steps like proposing a meeting spot, buying travel tickets, or asking for identifying photos usually sink this defense.
- No substantial step. An attempt conviction needs a substantial step toward completing the crime. If the messages stayed vague and the defendant did nothing further, this argument has some footing. But circuits have set a low bar for what counts as a substantial step in the enticement context, and detailed sexual conversation alone has been enough in several of them.
- Mistaken belief about age. The defendant claims a reasonable belief the person was an adult. In undercover cases this is hard to sustain because agents typically establish the “minor’s” age explicitly and early. Continuing after being told the person is underage collapses the defense.
As a practical matter, entrapment and lack-of-intent arguments are difficult to win when the prosecution holds the complete conversation. Defense work in these cases often focuses on challenging the interpretation of ambiguous messages, testing whether the government’s conduct crossed the inducement line, or negotiating a plea rather than going to trial.