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United States v. Frank

United States District Court of the Southern District of Florida

486 F.Supp.2d 1353 (2007)

Facts

The United States joined in a multinational treaty enacted to combat international child sexual exploitation, known as the Optional Protocol, in 2000. The United States Congress enacted a number of statutes to effectuate this treaty, including the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Act of 2003 (the PROTECT Act). One part of the PROTECT Act was 18 U.S.C. § 2423(c), which imposed criminal penalties in the United States over United States citizens who traveled abroad to engage in illicit sexual conduct. Kent Frank was an American citizen who traveled to Cambodia in order to engage in commercial sex acts with minors. Frank was charged with five counts of violating § 2423(c). Frank filed a motion to dismiss the charges, alleging that the statute was unconstitutional.

Rule of Law

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Issue

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Holding and Reasoning (Jordan, J.)

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