Section 1 Short title
This Act may be cited as the “Preventing Trafficking of Minors Act of 2026”.
Preventing Trafficking of Minors Act of 2026
A BILL
To amend title 18, United States Code, to clarify and expand the prohibition on coercion and enticement to include patronizing or soliciting a minor for a commercial sex act, and for other purposes.
Sec. 2 Amendment to coercion and enticement statute
Section 2422 of title 18, United States Code, is amended—
in subsection (b), by striking “Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States 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” and inserting the following:
“(1) persuades, induces, entices, or coerces any individual who has not attained the age of 18 years to engage in a commercial sex act or any sexual activity for which any person can be charged with a criminal offense;
“(2) engages in a commercial sex act with a minor;
“(3) solicits, offers to patronize, or patronizes a minor for a commercial sex act;
“(4) pays, agrees to pay, or offers to pay any person for the purpose of engaging in a commercial sex act with a minor;
“(5) enters or remains in a place with the intent to engage in a commercial sex act with a minor; or
“(6) attempts to commit any offense described in paragraphs (1) through (5) of this subsection”
by adding at the end the following:
“(c) Knowledge of age—It is not a defense that the defendant did not know the victim’s age or reasonably believed the victim to be 18 years of age or older. If the defendant had a reasonable opportunity to observe the victim, the Government need not prove that the defendant knew that the victim was under 18 years of age.
“(d) No requirement of force, fraud, or coercion—Proof of force, threats of force, fraud, or coercion is not required if the victim is a minor.
“(e) No defense based on law enforcement involvement—It shall not be a defense to prosecution under this section that the purported minor was, in fact, an undercover law enforcement officer or an individual acting at the direction of law enforcement representing themselves as a minor.
“(f) Definitions—In this section—
“(1) the term “commercial sex act” has the meaning given that term in section 1591(e)(3);
“(2) the term “minor” means a person under 18 years of age; and
“(3) the term “sex act” has the meaning given the term “sexual act” in section 2246(2), and includes sexual contact as defined in section 2246(3).”
in subsection (b), as amended by paragraph (1), by striking “shall be fined under this title and imprisoned not less than 10 years or for life” and inserting “shall be fined under this title and imprisoned not less than 10 years (or 15 years if the minor is under 14 years of age) or for life”.
Sec. 3 Effective date
This Act shall take effect 180 days after the date of enactment and shall apply to offenses committed on or after that date.
Sec. 4 Severability
If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provisions of this Act to any other person or circumstance, shall not be affected thereby.