Use of Minors in Crimes of Violence - 18 U.S.C. § 25
The United States legal system imposes severe penalties on violent crimes. It also places significant emphasis on protecting minors from exploitation and harm, particularly in the context of criminal activities.
Suppose you're convicted of a federal crime involving violence. In that case, you can already expect substantial fines and prison time. Under 18 U.S.C. 25, if prosecutors can establish that you used someone under age 18 in the commission of that crime, your fines and prison time could be doubled or even tripled.
18 U.S. Code 25 says, "(a) Definitions. In this section, the following definitions shall apply:
(1) Crime of violence. The term "crime of violence" has the meaning set forth in section 16.
(2) Minor. The term "minor" means a person who has not reached 18 years of age.
(3) Uses. The term "uses" means employs, hires, persuades, induces, entices, or coerces.
(b) Penalties. Any person who is 18 years of age or older who intentionally uses a minor to commit a crime of violence for which such person may be prosecuted in a court of the United States or to assist in avoiding detection or apprehension for such an offense shall-
(1) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine that would otherwise be authorized for the offense; and
(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and three times the maximum fine that would otherwise be authorized for the offense."
What Does the Law Say?
Specifically, 18 U.S.C. 25 stipulates that anyone over age 18 who "uses" a minor to commit a "crime of violence" that violates federal law and could cause that minor to be prosecuted or for the purpose of avoiding detection and escaping prosecution themselves.
They can face twice the maximum sentence for the crime in question or three times the maximum for a second or subsequent offense.
Note that 18 U.S.C. 25 is effectively a sentencing enhancement, meaning it is tied to the commission of another federal crime involving violence.
If you are accused of using a minor to commit the crime and are ultimately acquitted of the offense, the sentencing enhancement would not apply.
For the purposes of this law, we must note some specific definitions to interpret it correctly.
What is a Crime of Violence?
According to section 18 U.S.C. 16, a 'crime of violence' includes any offense that involves the use, attempted use, or threatened use of physical force against a person or property. In simpler terms, it refers to any act that involves violence or the threat of violence.
18 U.S.C. 16 says, "The term "crime of violence" means-
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."
It also encompasses felonies that, by their nature, carry a substantial risk of physical force being used. This can encompass a wide range of criminal activities, such as:
- Robbery,
- Assault,
- Murder,
- Kidnapping,
- Arson,
- Sexual assault.
What are Related Federal Laws?
18 U.S. Code Chapter 1, General Provisions, has several related federal laws, such as the following:
- 18 U.S.C. 2 - Principals.
- 18 U.S.C. 3 - Accessory after the fact.
- 18 U.S.C. 4 - Misprison of felony.
- 18 U.S.C. 5 - United States defined.
- 18 U.S.C. 6 - Department and agency defined.
- 18 U.S.C. 7 - Special maritime and territorial jurisdiction of the United States defined.
- 18 U.S.C. 8 - Obligation or other security of the United States defined.
- 18 U.S.C. 9 - Vessel of the United States defined.
- 18 U.S.C. 10 - Interstate commerce and foreign commerce defined,
- 18 U.S.C. 11 - Foreign government defined.
- 18 U.S.C. 12 - United States Postal Service defined.
- 18 U.S.C. 13 - Laws of States adopted for areas within Federal jurisdiction.
- 18 U.S.C. 15 - Obligation or other security of foreign government defined.
- 18 U.S.C. 16 - Crime of violence defined.
- 18 U.S.C. 17 - Insanity defense.
- 18 U.S.C. 18 - Organization defined.
- 18 U.S.C. 19 - Petty offense defined.
- 18 U.S.C. 20 - Financial institution defined.
- 18 U.S.C. 21 - Stolen or counterfeit nature of property for certain crimes defined.
- 18 U.S.C. 23.11 - The court of the United States defined.
- 18 U.S.C. 24 - Definitions relating to Federal health care offenses.
- 18 U.S.C. 25 - Use of minors in crimes of violence.
- 18 U.S.C. 26 - Definition of seaport.
- 18 U.S.C. 27 - Mortgage lending business defined.
What are the Enhanced Penalties Under 18 U.S.C. 25?
Suppose you are convicted of a federal "crime of violence" in which prosecutors show that you used a minor to commit the offense or to evade detection. In that case, the maximum sentence you can serve will increase as follows:
- For a First Conviction: The maximum penalties are doubled. This means that you can face twice the maximum term of imprisonment and twice the maximum fine that would ordinarily apply to the underlying crime of violence.
- For a Second or Subsequent Conviction: The maximum penalties are tripled. You can now face three times the maximum term of imprisonment and three times the maximum fine that would otherwise be authorized for the offense.
It should also be noted that 18 U.S.C. 25 does not mandate a minimum sentence enhancement; rather, it only extends the maximum penalty that judges may impose.
For example, suppose you're convicted of a violent federal crime with a maximum penalty of 20 years in prison, and you used a child to commit the crime.
In such a scenario, the maximum penalty the judge can impose is now 40 years (or 60 years if it's a subsequent conviction).
However, it's important to note that the law does not automatically mandate that the judge give you 40-60 years. The judge still has the discretion to determine the appropriate sentence based on the circumstances of the case.
Neither does the law double the actual sentence imposed. If the judge sentences you to 15 years, the sentence is still 15 years, not 30. This provision allows plenty of room for a seasoned federal criminal defense attorney to negotiate for lower penalties.
What are the Common Legal Defenses?
Suppose you're charged with a violent crime, and you are also accused of using a minor to commit that crime.
In that case, your defense attorney will not only take steps to defend against the underlying charges but also employ defense strategies to help you avoid an enhanced sentence if you're convicted of the crime. Common defenses along this line might include:
- Lack of Knowledge or Intent: Showing that you did not know and did not intend for a minor to be involved in the crime. If the minor's involvement was incidental or unbeknownst to the defendant, this could be a mitigating factor.
- No Minor Used: Your attorney may argue that you did not induce a minor to commit the crime (meaning that either you did so on your own or that the minor in question did so without your involvement).
- Disputing the Minor's Age: Establishing that the individual in question was not, in fact, a minor (under the age of 18) at the time of the crime would make you ineligible for the sentencing enhancement.
For additional information, contact Eisner Goring LLP, a federal criminal defense law firm in Los Angeles, California.
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