• Child procurement may have several meanings. One of the most common refers to an adult’s intention and efforts to meet with a child aged under 16 for purposes of unlawful, underage sexual conduct or lewd or lascivious act.
  • Child procurement may also involve obtaining a child for purposes of prostitution or to sell the child for purposes of prostitution.
  • Child procurement may also pertain to child selling, an offense in which a child is sold for cash in an illegal adoption proceeding.
  • Child procurement convictions have increased considerably by tracking internet and phone conversations.

Child Procurement Offenses:

  • Child procurement is an extremely serious offense with severe penalties.
  • Each state enacts its own child procurement laws.
  • Federal child procurement laws are extremely thorough and detailed.
  • A conviction for child procurement will result in mandatory sex offender registration for life.

Associated Child Procurement Charges:

Child procurement charges may be associated with various offenses, including:

  • 1. Child abuse
  • 2. Statutory rape
  • 3. Child pornography
  • 4. Child molestation

California Child Procurement Laws

Under California Penal Code Section 266J:

  • “Any person who intentionally gives, transports, provides or makes available, or who offers to give, transport, provide, or make available to another person, a child under the age of 16 for the purpose of any lewd or lascivious act as defined in Section 288, or who causes, induces, or persuades a child under the age of 16 to engage in such an act with another person, is guilty of a felony…”
  • Penalty: Prison – for a term of 3, 6 or 8 years
  • Fine – not to exceed $15,000
  • Mandatory sex offender registration
  • Permanent criminal record
  • Parole, supervised release
  • Specific limitations as to where to live and work
  • Other – ask your attorney

Federal Statutes and Crimes Against Children

Sexual or Buying of Children – 18 USC Section 2251A:

  • “It is forbidden for any parent, legal guardian, or other person having custody or control of a minor to sell or otherwise transfer custody or control of such minor, or offer to sell or otherwise transfer custody or control…”
  • “With the intent to promote either the engaging in of sexually explicit conduct by such minor … or the rendering of assistance by the minor to any person to engage in sexually explicit conduct….”

Federal Statutes Prohibiting Crimes Against Children:

  • Under Title 18 of the United States Code, federal laws prohibiting crimes against children under which child procurement may be prosecuted include, but are not limited to, the following:
  • Section 1201 – Kidnapping
  • Section 1592 – Sex Trafficking of Children by Force, Fraud or Coercion
  • Section 2241 – Aggravated Sexual Abuse
  • Section 2243 – Sexual Abuse of a Minor or Ward
  • Section 2251 – Sexual Exploitation of a Child
  • Section 2251A(a)(b) Selling or Buying of Children
  • Section 2422 – Coercion and Enticement
  • Section 2433 – Transportation of Minors

Child Procurement by Internet

  • The internet has become one of the primary methods by which child procurement transactions and activities are conducted.
  • Child procurement is frequently associated with various forms of child pornography production.
  • Federal  and some state offenses may result in consecutive 10 or 20 year sentences per image – sentences lasting more than 150, 200 or 300 years are not unheard of and in some cases typical.

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Michael S. Berg
Attorney At Law