California Federal Sex Crimes

A frightening charge in an unfamiliar court

If agents have seized your devices, if a target letter arrived, or if an indictment already names you, the fear is the same. One accusation has put work, family, housing, and reputation on hold, and every call or message feels like it could make things worse. Start by understanding where you stand. Federal sex crime cases in California move through federal courthouses under federal law, and the charge on paper decides the prison range, the guideline math, and the defenses available.

This page covers the charges federal prosecutors actually bring in California, with the elements, the maximums and mandatory minimums Congress set, the guideline sections judges use, and the defenses that arise under each statute. Our national federal sex crimes page gives the countrywide picture. This page is the California version. It centers on the four California districts, the Ninth Circuit rules that govern trials here, and the offices that prosecute these cases.

Read every penalty number below as a boundary, not a forecast. Congress sets ceilings and floors. The guideline calculation, criminal history, and the judge set the sentence. The facts of a case change everything.

Where your case will be heard

California has four federal trial court districts, and each covers different counties with its own courthouses and local habits. The Central District covers the Los Angeles area and surrounding counties, with courthouses in Los Angeles, Riverside, and Santa Ana. Its main criminal courthouse sits at 350 W 1st Street in Los Angeles. Our Central District page has the local detail. The Northern District covers the Bay Area and the northern coast, operating out of San Francisco, Oakland, San Jose, and McKinleyville, with its main courthouse at 450 Golden Gate Avenue in San Francisco. The Southern District covers San Diego and Imperial counties, with courthouses in San Diego and El Centro. The Eastern District hears cases in Sacramento and Fresno, with additional facilities in Redding, Bakersfield, and Yosemite. Its main criminal filings run through Sacramento at 501 I Street and Fresno at 2500 Tulare Street.

Three California facts shape defense work from the first week. First, the United States Attorney's Office in each district brings the charges, and charging habits, plea practices, and motion schedules differ by office and by judge. Second, trials here follow the Ninth Circuit's model jury instructions, which state the elements for each charge in the words jurors actually hear. Points in this page that come from those instructions are identified as the Ninth Circuit's, because other circuits word things differently. Third, local rules add duties on top of the national rules. In the Northern District, for example, the criminal local rules require that "Within 14 days after a defendant's plea of not guilty, the attorney for the government and the defendant's attorney shall confer" about a schedule for disclosure of information. Deadlines like that one are why counsel needs the file early. Our California federal courts hub links to each district.

The assault ladder in federal places (§§ 2241 and 2242)

Contact offenses apply only where the federal government has jurisdiction. The statutes use the same opening language across the chapter, reaching whoever acts "in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency,". In California that means military bases, tribal land prosecuted federally, national parks and other federal property, ships and aircraft under United States jurisdiction, federal prisons, and contract facilities holding federal detainees. Conduct in a purely private setting with no federal connection does not fit these charges, and jurisdiction is often the first thing defense counsel tests.

At the top sits aggravated sexual abuse under section 2241. It covers sexual acts compelled by force, by threats that a person will face death, grave injury, or kidnapping, against victims the defendant rendered unconscious or drugged, and against children under 12. The Ninth Circuit's model instruction states the first element as acting while the defendant "threatened or placed [name of victim] in fear that some person would be subject to death, serious bodily injury, or kidnapping" to cause the victim to engage in a sexual act, plus the federal place as the second element. Adult cases carry "imprisoned for any term of years or life, or both." Cases with a child victim under 12 carry "imprisoned for not less than 30 years or for life," with life required after a prior qualifying conviction.

One rung down is sexual abuse under section 2242, with three paths. The first covers lesser threats: "causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping);". The Ninth Circuit's model instruction for this path requires that "the defendant knowingly caused [name of victim] to engage in a sexual act by threatening or placing [name of victim] in fear," and its comment adds that "This instruction is appropriate when the defendant has placed the victim in fear of something other than death, serious bodily injury, or kidnapping." The second path covers victims who cannot protect themselves: "(2) engages in a sexual act with another person if that other person is" "(A) incapable of appraising the nature of the conduct; or" "(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or". The Ninth Circuit's model instruction for this path has three elements, adding that "the defendant knowingly engaged in a sexual act," the incapacity, and the federal place, and it adds that "A person need not be physically helpless to be physically incapable of declining participation in or communicating unwillingness to engage in the sexual act." The third path, added in 2022, covers acts without consent: "(3) engages in a sexual act with another person without that other person's consent, to include doing so through coercion;". Every path ends the same way: "or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life." There is no mandatory minimum, which is one of the sharpest differences from aggravated child cases.

Below that sits sexual abuse of a minor or ward under section 2243. It punishes sexual acts with a person who "has attained the age of 12 years but has not attained the age of 16 years; and" "is at least four years younger than the person so engaging;", with wards in official detention under the defendant's authority, and with persons in federal custody where the defendant acts as a federal law enforcement officer. Each carries "fined under this title, imprisoned not more than 15 years, or both." This charge has something its neighbors do not, a defense the defendant proves by a preponderance: "it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years." At the same time, the statute provides that the government "need not prove that the defendant knew" the age or the age gap in a prosecution under subsection (a). The defense is available, but the government does not have to prove knowledge in the first place.

At the bottom of the ladder is abusive sexual contact under section 2244. The physical difference is exact. A sexual act includes "contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;", oral contact, penetration by hand, finger, or object with abusive or sexual intent, and unclothed touching of the genitalia of a person under 16. Sexual contact is broader and lesser: "the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;". Where contact that would have been aggravated abuse as an act draws "imprisoned not more than ten years, or both;", contact that would have been sexual abuse draws "imprisoned not more than three years, or both;", and contact matching the minor and ward provisions draws "imprisoned not more than two years, or both;". Whether the evidence shows an act or only contact is often the most important factual fight in the case.

Image cases: making versus having

Image cases turn on different proof than contact cases. The statute draws a hard line between making images and having them, and the penalties sit on different planets.

Production under section 2251 punishes "Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in" "any sexually explicit conduct for the purpose of producing any visual depiction of such conduct," where an interstate connection exists, such as images moved across state lines or made with materials that traveled in commerce. A first production case carries "imprisoned not less than 15 years nor more than 30 years," rising to 25 to 50 years with one prior qualifying conviction and 35 years to life with two or more. There is no way below 15 years on a first production count. Parents, guardians, and custodians who permit the conduct face the same scheme.

Possession, receipt, and distribution sit under section 2252A. The statute reaches anyone who "knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography;", anyone who knowingly receives or distributes it, and anyone who "knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography". Receipt or distribution carries "imprisoned not less than 5 years and not more than 20 years," rising to 15 to 40 years with a prior qualifying conviction. Possession carries "imprisoned not more than 10 years, or both," rising to 20 years where an image involved a prepubescent minor or a child under 12, because the law provides that "if any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age," the higher ceiling applies.

The practical difference is the closest neighbor distinction in this area. Production needs a real minor victim, persuasion or coercion toward sexually explicit conduct, and purpose to create a depiction. Possession needs knowing possession or intentional viewing access. Receipt and distribution sit between them and carry their own 5-year floor. Our child pornography page walks through these charges in full, including how investigators trace files and what the forensic search of a device can and cannot show.

Enticement, transport, and trafficking under § 2422(b)

Online sting cases and travel cases form the next group, and three statutes divide the work by what the defendant actually did.

Enticement under section 2422(b) is the messaging statute. It punishes whoever, "using the mail or any facility or means of interstate or foreign commerce," "knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so,". The penalty is "imprisoned not less than 10 years or for life." Attempts count the same as completed acts. No meeting needs to happen. The messages plus intent plus a step toward the goal can complete the charge. The adult counterpart, section 2422(a), which covers persuading an adult to travel for prostitution or chargeable sexual activity, carries "imprisoned not more than 20 years, or both," with no mandatory minimum. Our enticement of a minor page covers the sting dynamics in detail.

Transportation under section 2423 is the travel statute. Transporting a minor across state lines intending prostitution or chargeable sexual activity carries "imprisoned not less than 10 years or for life." Traveling yourself with intent to engage in illicit sexual conduct with another person carries "imprisoned not more than 30 years, or both." Engaging in such conduct abroad as a United States citizen or resident carries the same 30-year ceiling. The neighbor distinction matters: enticement punishes the persuasion through messages or calls, while transportation punishes the movement or the travel with intent. Many indictments charge both where messages led to a trip.

Trafficking under section 1591 is the commercial statute. It punishes whoever knowingly "recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person" in or affecting commerce, or whoever "benefits, financially or by receiving anything of value, from participation in a venture" that did so, knowing or recklessly disregarding that force, threats, fraud, or coercion will cause a commercial sex act or that the person is under 18 and will be caused to engage in one. Where force, fraud, or coercion was used, or the victim was under 14, the penalty is "imprisonment for any term of years not less than 15 or for life; or". Where the victim was 14 to 17 and no force, fraud, or coercion was used, it is "imprisonment for not less than 10 years or for life." Where the defendant had a reasonable chance to observe the person, "the Government need not prove that the defendant knew, or recklessly disregarded the fact, that the person had not attained the age of 18 years." Obstructing enforcement of this section carries up to 25 years on its own. Our sex trafficking page covers the commercial element that separates this charge from enticement and transport.

Failing to register after a move (§ 2250)

Registration failures are the quietest federal sex charge and a common trap for people who move into California. Section 2250 punishes a person who is a sex offender by a federal, District of Columbia, tribal, or territorial conviction, who travels between states or enters, leaves, or lives in Indian country, and who then "knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;". The penalty is "imprisoned not more than 10 years, or both." A move from Nevada, Arizona, Oregon, or any other state into a California city, followed by no update, fits the travel element directly. The statute gives an affirmative defense where "uncontrollable circumstances prevented the individual from complying," the person did not recklessly create those circumstances, and the person complied as soon as they ended. That defense is narrow. Registration deadlines are short, and the time to fix a missed update is measured in days, not months. Our failure to register page covers the registration duties in full.

How the guideline math works

Prison time in federal court is guided by the United States Sentencing Guidelines. The Statutory Index in Appendix A sends each statute to its guideline: sections 2241 and 2242 to section 2A3.1, section 2243(a) to 2A3.2, section 2243(b) to 2A3.3, section 2244 to 2A3.4, section 2250 to 2A3.5, section 2251 to 2G2.1, sections 2252 and 2252A to 2G2.2, section 2422 to sections 2G1.1 and 2G1.3, section 2423(a) through (d) to 2G1.3, and section 1591 to sections 2G1.1, 2G1.3, and 2G2.1. Our federal sentencing page explains how judges use the resulting range. The range advises. The statute caps. As section 5G1.1 puts it, "Where the statutorily authorized maximum sentence is less than the minimum of the applicable guideline range, the statutorily authorized maximum sentence shall be the guideline sentence."

Contact cases run under section 2A3.1. The base is "(1) 38, if the defendant was convicted under 18 U.S.C. § 2241(c); or" "(2) 30, otherwise." Level 30 is already severe before any enhancement. Then the specific characteristics stack: "(1) If the offense involved conduct described in 18 U.S.C. § 2241(a) or (b), increase by 4 levels." Age adds 4 levels under 12 and 2 levels from 12 to 16. Custody, care, or supervisory control adds 2. Injury adds 2 to 4 levels on a ladder. Abduction adds levels: "(5) If the victim was abducted, increase by 4 levels." Misrepresenting identity or using a computer to persuade a minor adds 2. Cross references can replace the whole calculation with the murder guideline or the production guideline where those produce a higher level.

Image cases split in two. Production runs under section 2G2.1 from "(a) Base Offense Level: 32," with added levels for young victims, for sexual acts or contact proved alongside, for distribution, for sadistic or violent portrayals or infants and toddlers, for parental or custodial relationships, and for computer use or identity games. Receipt, transport, and possession run under section 2G2.2 from "(2) 22, otherwise," except possession-only convictions under the possession subsections, which start at "(1) 18, if the defendant is convicted of 18 U.S.C. § 1466A(b), § 2252(a)(4), § 2252A(a)(5), or § 2252A(a)(7)." A receipt-only case with no intent to share drops 2 levels. Then the enhancements pile on: 2 levels for a prepubescent victim or a child under 12, up to 7 levels for distribution to a minor meant to facilitate travel for prohibited conduct, 4 levels where the material shows sadism, violence, or an infant or toddler, as in "(4) If the offense involved material that portrays (A) sadistic or masochistic conduct or other depictions of violence; or (B) sexual abuse or exploitation of an infant or toddler, increase by 4 levels.", 5 levels for a pattern of abuse or exploitation, as in "(5) If the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor, increase by 5 levels.", 2 levels for computer use, and 2 to 5 levels by image count, reaching "(D) 600 or more images, increase by 5 levels." Where the offense involved producing the images, the production guideline applies instead if higher.

Enticement, transport, and trafficking run under sections 2G1.1 and 2G1.3. Adult prostitution and Mann Act cases under 2G1.1 start at "(1) 34, if the offense of conviction is 18 U.S.C. § 1591(b)(1); or" "(2) 14, otherwise.", with 4 added levels for fraud or coercion and a cross reference sending 2241 and 2242 conduct to section 2A3.1. Minor cases under 2G1.3 start at 34 for force, fraud, coercion, or under-14 trafficking, 30 for older-minor trafficking, "(3) 28, if the defendant was convicted under 18 U.S.C. § 2422(b) or § 2423(a); or", and 24 otherwise. Custody, identity games, undue influence, and computer use each add 2 levels. A sex act, sexual contact, or commercial sex act adds 2. A victim under 12 adds 8 levels where the 2422(b) and 2423(a) bases apply: "(5) If (A) subsection (a)(3) or (a)(4) applies; and (B) the offense involved a minor who had not attained the age of 12 years, increase by 8 levels." Cross references can move the case to production or to criminal sexual abuse where higher.

Two consequences follow every count. Supervised release after prison runs long in this area: for the listed sex offenses, the authorized term "is any term of years not less than 5, or life." Conditions can be strict, and violations can return a person to prison, on top of registration duties under federal and state law. Money follows too. For every offense in the sexual abuse chapter, "the court shall order restitution for any offense under this chapter." An offense whose maximum is life is classified as "life imprisonment, or if the maximum penalty is death, as a Class A felony;", which sets the fine and supervision framework around it.

Defenses that actually arise

Every defense below flows from the elements above. None promises an outcome. Each depends on facts, records, and Ninth Circuit law.

Attack jurisdiction first. The government must prove the conduct happened in a covered federal place for contact charges, and must prove the interstate or foreign commerce connection for production, receipt, enticement, transport, and trafficking charges. Land records, facility contracts, ship and aircraft registries, travel records, and server and payment data are evidence, not background. Where the connection fails, the federal charge fails, even if state authorities could pursue their own case.

Contest whether a sexual act occurred. The line between an act and contact decides whether the 2242 charge fits at all or whether the contact charge with its far lower ceiling is the limit. Medical evidence, clothing, the exact allegation, and the intent behind touching all feed this fight.

Contest the degree of the threat. Genuine fear of death, grave injury, or kidnapping belongs to aggravated abuse. Fear of lesser harm belongs to sexual abuse. Pressure, authority, and bluff that never placed anyone in real fear fall short of both. The exact words and the context around them get argued threat by threat.

Contest knowledge on incapacity cases. The government must prove the defendant knew the person could not appraise the conduct or could not decline or communicate. Voluntary intoxication, shifting accounts of who consumed what, and what the person showed before and after all test that element. The Ninth Circuit's model instruction lists engagement, incapacity, and place as separate elements the government must prove beyond a reasonable doubt.

Litigate age with care. Under the minor-abuse statute the government need not prove the defendant knew the age, but the defendant can prove reasonable belief the person was 16 as a defense by a preponderance. Under trafficking law, knowledge of age need not be proved where the defendant had a reasonable chance to observe the person. Messages about age, appearances, and what each side said about age decide these fights.

Distinguish the neighbors. Production needs persuasion toward explicit conduct to make a depiction. Possession needs knowing possession or intentional viewing access. Enticement needs persuasion of a minor through messages. Transportation needs movement or travel with intent. Trafficking needs a commercial sex act or force, fraud, coercion, or a minor victim. Each neighbor the government cannot prove is a charge that does not fit.

Challenge searches, statements, and identification. Image cases turn on device seizures, forensic searches, and residences searched under warrants. Sting cases turn on message history and voice or video identification. Contact cases turn on delayed reports and examinations. Each step has rules about warrants, scope, consent, and reliability. Anything said to agents can supply knowledge and intent, which is why early legal advice matters more here than almost anywhere in federal practice.

What to do now

If agents want to talk, if a subpoena or target letter arrived, or if an indictment already names you, get counsel before explaining anything to anyone. If you are under investigation, do not wait for charges to start protecting yourself. Bring the charging papers, every message the allegations mention, travel and lodging records where movement matters, and a timeline of where each alleged event happened, since place decides jurisdiction. Do not contact any complaining witness. Do not try to preserve or delete evidence on your own. The penalties above are statutory maximums and guideline ranges, not predictions, and the facts of a case change everything. Early advice protects the defenses this page describes while they can still be used.