The Long Arm of U.S. Law Stretches to Asia

U.S. law can reach American sex offenders abroad so long as they haven’t resettled in another country, according to a federal appeals court. The decision, issued last week, extends U.S. law beyond its borders through an expansive interpretation of Congress’s authority under the Constitution’s commerce clause. It bucks the U.S. Supreme Court’s recent trend of limiting laws’ reach abroad, at least in part because of the powerful desire to condemn sex with minors. But as a precedent, the decision will apply to other, more ordinary crimes committed by Americans abroad, with potentially troubling consequences.

The case, U.S. v. Schmidt, arose under an unusual 2003 law called the PROTECT Act.1483998824986 As initially enacted, it applied to an American or green-card holder “who travels in foreign commerce” and has sex with anyone under the age of 18.1483998851605 Its purpose was to criminalize Americans traveling to engage in sex with underage prostitutes. An earlier law made it a crime to travel abroad with the intent to engage in sex with a minor; the PROTECT Act made conviction easier by skipping the intent requirement.