All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
141 Prosecutions
in April 2014
1,402 Prosecution
in Fiscal Year 2014
119 Convictions
in April 2014
1,308 Conviction
in Fiscal Year 2014

CITE

    18 USC Sec. 2252                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

HEAD

    Sec. 2252. Certain activities relating to material involving the
      sexual exploitation of minors

STATUTE

      (a) Any person who -
        (1) knowingly transports or ships using any means or facility
      of interstate or foreign commerce or in or affecting interstate
      or foreign commerce by any means including by computer or mails,
      any visual depiction, if -
          (A) the producing of such visual depiction involves the use
        of a minor engaging in sexually explicit conduct; and
          (B) such visual depiction is of such conduct;
        (2) knowingly receives, or distributes, any visual depiction
      using any means or facility of interstate or foreign commerce or
      that has been mailed, or has been shipped or transported in or
      affecting interstate or foreign commerce, or which contains
      materials which have been mailed or so shipped or transported, by
      any means including by computer, or knowingly reproduces any
      visual depiction for distribution using any means or facility of
      interstate or foreign commerce or in or affecting interstate or
      foreign commerce or through the mails, if -
          (A) the producing of such visual depiction involves the use
        of a minor engaging in sexually explicit conduct; and
          (B) such visual depiction is of such conduct;
        (3) either -
          (A) in the special maritime and territorial jurisdiction of
        the United States, or on any land or building owned by, leased
        to, or otherwise used by or under the control of the Government
        of the United States, or in the Indian country as defined in
        section 1151 of this title, knowingly sells or possesses with
        intent to sell any visual depiction; or
          (B) knowingly sells or possesses with intent to sell any
        visual depiction that has been mailed, shipped, or transported
        using any means or facility of interstate or foreign commerce,
        or has been shipped or transported in or affecting interstate
        or foreign commerce, or which was produced using materials
        which have been mailed or so shipped or transported using any
        means or facility of interstate or foreign commerce, including
        by computer, if -
            (i) the producing of such visual depiction involves the use
          of a minor engaging in sexually explicit conduct; and
            (ii) such visual depiction is of such conduct; or
        (4) either -
          (A) in the special maritime and territorial jurisdiction of
        the United States, or on any land or building owned by, leased
        to, or otherwise used by or under the control of the Government
        of the United States, or in the Indian country as defined in
        section 1151 of this title, knowingly possesses, or knowingly
        accesses with intent to view, 1 or more books, magazines,
        periodicals, films, video tapes, or other matter which contain
        any visual depiction; or
          (B) knowingly possesses, or knowingly accesses with intent to
        view, 1 or more books, magazines, periodicals, films, video
        tapes, or other matter which contain any visual depiction that
        has been mailed, or has been shipped or transported using any
        means or facility of interstate or foreign commerce or in or
        affecting interstate or foreign commerce, or which was produced
        using materials which have been mailed or so shipped or
        transported, by any means including by computer, if -
            (i) the producing of such visual depiction involves the use
          of a minor engaging in sexually explicit conduct; and
            (ii) such visual depiction is of such conduct;
    shall be punished as provided in subsection (b) of this section.
      (b)(1) Whoever violates, or attempts or conspires to violate,
    paragraph (1), (2), or (3) of subsection (a) shall be fined under
    this title and imprisoned not less than 5 years and not more than
    20 years, but if such person has a prior conviction under this
    chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or
    under section 920 of title 10 (article 120 of the Uniform Code of
    Military Justice), or under the laws of any State relating to
    aggravated sexual abuse, sexual abuse, or abusive sexual conduct
    involving a minor or ward, or the production, possession, receipt,
    mailing, sale, distribution, shipment, or transportation of child
    pornography, or sex trafficking of children, such person shall be
    fined under this title and imprisoned for not less than 15 years
    nor more than 40 years.
      (2) Whoever violates, or attempts or conspires to violate,
    paragraph (4) of subsection (a) shall be fined under this title or
    imprisoned not more than 10 years, or both, but if such person has
    a prior conviction under this chapter, chapter 71, chapter 109A, or
    chapter 117, or under section 920 of title 10 (article 120 of the
    Uniform Code of Military Justice), or under the laws of any State
    relating to aggravated sexual abuse, sexual abuse, or abusive
    sexual conduct involving a minor or ward, or the production,
    possession, receipt, mailing, sale, distribution, shipment, or
    transportation of child pornography, such person shall be fined
    under this title and imprisoned for not less than 10 years nor more
    than 20 years.
      (c) Affirmative Defense. - It shall be an affirmative defense to
    a charge of violating paragraph (4) of subsection (a) that the
    defendant -
        (1) possessed less than three matters containing any visual
      depiction proscribed by that paragraph; and
        (2) promptly and in good faith, and without retaining or
      allowing any person, other than a law enforcement agency, to
      access any visual depiction or copy thereof -
          (A) took reasonable steps to destroy each such visual
        depiction; or
          (B) reported the matter to a law enforcement agency and
        afforded that agency access to each such visual depiction.

SOURCE

    (Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 7; amended
    Pub. L. 98-292, Sec. 4, May 21, 1984, 98 Stat. 204; Pub. L. 99-500,
    Sec. 101(b) [title VII, Sec. 704(b)], Oct. 18, 1986, 100 Stat. 1783-
    39, 1783-75, and Pub. L. 99-591, Sec. 101(b) [title VII, Sec.
    704(b)], Oct. 30, 1986, 100 Stat. 3341-39, 3341-75; Pub. L. 100-
    690, title VII, Sec. 7511(b), Nov. 18, 1988, 102 Stat. 4485; Pub.
    L. 101-647, title III, Sec. 323(a), (b), Nov. 29, 1990, 104 Stat.
    4818, 4819; Pub. L. 103-322, title XVI, Sec. 160001(d), (e), title
    XXXIII, Sec. 330010(8), Sept. 13, 1994, 108 Stat. 2037, 2143; Pub.
    L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec. 121[5]],
    Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-30; Pub. L. 105-314,
    title II, Secs. 202(a), 203(a), Oct. 30, 1998, 112 Stat. 2977,
    2978; Pub. L. 108-21, title I, Sec. 103(a)(1)(B), (C), (b)(1)(C),
    (D), title V, Sec. 507, Apr. 30, 2003, 117 Stat. 652, 653, 683;
    Pub. L. 109-248, title II, Sec. 206(b)(2), July 27, 2006, 120 Stat.
    614; Pub. L. 110-358, title I, Sec. 103(a)(3), (b), (c), title II,
    Sec. 203(a), Oct. 8, 2008, 122 Stat. 4002, 4003.)

CODIFICATION

      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

      2008 - Subsec. (a)(1). Pub. L. 110-358, Sec. 103(a)(3)(A), (b),
    inserted "using any means or facility of interstate or foreign
    commerce or" after "ships" and substituted "in or affecting
    interstate" for "in interstate".
      Subsec. (a)(2). Pub. L. 110-358, Sec. 103(a)(3)(B), (b), inserted
    "using any means or facility of interstate or foreign commerce or"
    after "distributes, any visual depiction" and after "depiction for
    distribution" and substituted "in or affecting interstate" for "in
    interstate" in two places.
      Subsec. (a)(3)(B). Pub. L. 110-358, Sec. 103(a)(3)(C), (b), (c),
    inserted ", shipped, or transported using any means or facility of
    interstate or foreign commerce" after "that has been mailed" and
    "using any means or facility of interstate or foreign commerce"
    after "so shipped or transported", substituted "in or affecting
    interstate" for "in interstate" and struck out "by any means,"
    before "including".
      Subsec. (a)(4)(A). Pub. L. 110-358, Sec. 203(a)(1), inserted ",
    or knowingly accesses with intent to view," after "possesses".
      Subsec. (a)(4)(B). Pub. L. 110-358, Secs. 103(a)(3)(D), (b),
    203(a)(2), inserted ", or knowingly accesses with intent to view,"
    after "possesses" and "using any means or facility of interstate or
    foreign commerce or" after "has been shipped or transported" and
    substituted "in or affecting interstate" for "in interstate".
      2006 - Subsec. (b)(1). Pub. L. 109-248 substituted "paragraph
    (1)" for "paragraphs (1)" and inserted "section 1591," after "this
    chapter," and ", or sex trafficking of children" after
    "pornography".
      2003 - Subsec. (b)(1). Pub. L. 108-21, Sec. 507, inserted
    "chapter 71," before "chapter 109A," and "or under section 920 of
    title 10 (article 120 of the Uniform Code of Military Justice),"
    before "or under the laws".
      Pub. L. 108-21, Sec. 103(a)(1)(B), (C), substituted "and
    imprisoned not less than 5 years and" for "or imprisoned", "20
    years" for "15 years", "40 years" for "30 years", and "15 years"
    for "5 years" and struck out "or both," before "but if such person
    has a prior".
      Subsec. (b)(2). Pub. L. 108-21, Sec. 507, inserted "chapter 71,"
    before "chapter 109A," and "or under section 920 of title 10
    (article 120 of the Uniform Code of Military Justice)," before "or
    under the laws".
      Pub. L. 108-21, Sec. 103(a)(1)(C), (D), substituted "more than 10
    years" for "more than 5 years", "less than 10 years" for "less than
    2 years", and "20 years" for "10 years".
      1998 - Subsec. (a)(4)(A), (B). Pub. L. 105-314, Sec. 203(a)(1),
    substituted "1 or more" for "3 or more".
      Subsec. (b). Pub. L. 105-314, Sec. 202(a), substituted ", chapter
    109A, or chapter 117" for "or chapter 109A" in pars. (1) and (2)
    and substituted "aggravated sexual abuse, sexual abuse, or abusive
    sexual conduct involving a minor or ward, or the production,
    possession, receipt, mailing, sale, distribution, shipment, or
    transportation of child pornography" for "the possession of child
    pornography" in par. (2).
      Subsec. (c). Pub. L. 105-314, Sec. 203(a)(2), added subsec. (c).
      1996 - Subsec. (b). Pub. L. 104-208 added subsec. (b) and struck
    out former subsec. (b) which read as follows:
      "(b)(1) Whoever violates, or attempts or conspires to violate,
    paragraph (1), (2), or (3) of subsection (a) shall be fined under
    this title or imprisoned not more than ten years, or both, but, if
    such person has a prior conviction under this chapter or chapter
    109A, such person shall be fined under this title and imprisoned
    for not less than five years nor more than fifteen years.
      "(2) Whoever violates, or attempts or conspires to violate,
    paragraph (4) of subsection (a) shall be fined under this title or
    imprisoned for not more than five years, or both."
      1994 - Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330010(8),
    substituted "materials" for "materails" in introductory provisions.
      Subsec. (b)(1). Pub. L. 103-322, Sec. 160001(d), (e), inserted ",
    or attempts or conspires to violate," after "violates" and
    substituted "conviction under this chapter or chapter 109A" for
    "conviction under this section".
      Subsec. (b)(2). Pub. L. 103-322, Sec. 160001(e), inserted ", or
    attempts or conspires to violate," after "violates".
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 323(a), (b), struck out
    "or" at end of par. (1), substituted "that has been mailed, or has
    been shipped or transported in interstate or foreign commerce, or
    which contains materials which have been mailed or so shipped or
    transported, by any means including by computer," for "that has
    been transported or shipped in interstate or foreign commerce by
    any means including by computer or mailed" in par. (2), struck out
    at end "shall be punished as provided in subsection (b) of this
    section.", and added pars. (3) and (4) and concluding provisions.
      Subsec. (b). Pub. L. 101-647, Sec. 323(a)(2), added subsec. (b)
    and struck out former subsec. (b) which read as follows: "Any
    individual who violates this section shall be fined not more than
    $100,000, or imprisoned not more than 10 years, or both, but, if
    such individual has a prior conviction under this section, such
    individual shall be fined not more than $200,000, or imprisoned not
    less than five years nor more than 15 years, or both. Any
    organization which violates this section shall be fined not more
    than $250,000."
      1988 - Subsec. (a)(1), (2). Pub. L. 100-690 inserted "by any
    means including by computer" after "commerce" in introductory
    provisions.
      1986 - Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591 substituted
    "five years" for "two years".
      1984 - Subsec. (a)(1). Pub. L. 98-292, Sec. 4(1), (3), (4),
    substituted "any visual depiction" for "for the purpose of sale or
    distribution for sale, any obscene visual or print medium" in
    provisions preceding subpar. (A).
      Subsec. (a)(1)(A). Pub. L. 98-292, Sec. 4(4), substituted "visual
    depiction" for "visual or print medium".
      Subsec. (a)(1)(B). Pub. L. 98-292, Sec. 4(4), (5), substituted
    "visual depiction is of" for "visual or print medium depicts".
      Subsec. (a)(2). Pub. L. 98-292, Sec. 4(2)-(4), (6), (7),
    substituted ", or distributes, any visual depiction" for "for the
    purpose of sale or distribution for sale, or knowingly sells or
    distributes for sale, any obscene visual or print medium" and
    inserted "or knowingly reproduces any visual depiction for
    distribution in interstate or foreign commerce or through the
    mails" in provisions preceding subpar. (A).
      Subsec. (a)(2)(A). Pub. L. 98-292, Sec. 4(4), substituted "visual
    depiction" for "visual or print medium".
      Subsec. (a)(2)(B). Pub. L. 98-292, Sec. 4(4), (5), substituted
    "visual depiction is of" for "visual or print medium depicts".
      Subsec. (b). Pub. L. 98-292, Sec. 4(8)-(11), substituted
    "individual" for "person" in three places, "$100,000" for
    "$10,000", and "$200,000" for "$15,000", and inserted "Any
    organization which violates this section shall be fined not more
    than $250,000."
     CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND
                            2256 OF THIS TITLE
      Section 160003(a) of Pub. L. 103-322 provided that:
      "(a) Declaration. - The Congress declares that in enacting
    sections 2252 and 2256 of title 18, United States Code, it was and
    is the intent of Congress that -
        "(1) the scope of 'exhibition of the genitals or pubic area' in
      section 2256(2)(E), in the definition of 'sexually explicit
      conduct', is not limited to nude exhibitions or exhibitions in
      which the outlines of those areas were discernible through
      clothing; and
        "(2) the requirements in section 2252(a)(1)(A), (2)(A),
      (3)(B)(i), and (4)(B)(i) that the production of a visual
      depiction involve the use of a minor engaging in 'sexually
      explicit conduct' of the kind described in section 2256(2)(E) are
      satisfied if a person photographs a minor in such a way as to
      exhibit the child in a lascivious manner."
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