united-states international
Can americans break american laws while in another country?
<p>If a 20 year old american brings his 16 year old america girlfriend to a country where the legal age of consent is 14, and then have sex with her there, is he liable to be prosecuted back in the US?</p>

<p>I'm answering your title question and assuming that you meant to present a circumstance that would actually trigger criminal liability, but based on the ages you've actually used in your hypothetical, you may not have done so. I'll ignore that complication and just present what the law is. <strong>Yes, there are some U.S. laws that people can be found to violate while in another country.</strong></p>
<p>The Department of Justice has <a href="https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-extraterritorial-sexual-exploitation-children" rel="nofollow noreferrer">a &quot;citizen's guide&quot;</a> explaining extraterritorial sexual exploitation of children. The main offences are:</p>
<ul>
<li><a href="https://www.law.cornell.edu/uscode/text/18/2423" rel="nofollow noreferrer">18 U.S.C. § 2423(a)</a>: Transportation with intent to engage in criminal sexual activity</li>
<li><a href="https://www.law.cornell.edu/uscode/text/18/2423" rel="nofollow noreferrer">18 U.S.C. § 2423(d)</a>: Travel with intent to engage in illicit sexual conduct</li>
<li><a href="https://www.law.cornell.edu/uscode/text/18/2423" rel="nofollow noreferrer">18 U.S.C. § 2423(c)</a>: Engaging in illicit sexual conduct in foreign places</li>
</ul>
<p>For § 2423(a), there must be the intent to engage in &quot;any sexual activity for which any person can be charged with a criminal offense.&quot;</p>
<p>For § 2423(b) and (c), &quot;illicit sexual conduct&quot; means, among a few other things: &quot;a sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of <a href="https://www.law.cornell.edu/uscode/text/18/part-I/chapter-109A" rel="nofollow noreferrer">chapter 109A</a> if the sexual act occurred in the special maritime and territorial jurisdiction of the United States.&quot;</p>
<p>Chapter 109A includes § 2243(a):</p>
<blockquote>
<p>Whoever, 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, knowingly engages in a sexual act with another person who</p>
<p>(a) has attained the age of 12 years but has not attained the age of 16 years; and</p>
<p>(b) is at least four years younger than the person so engaging;</p>
<p>or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.</p>
</blockquote>
