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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