TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
HEAD
Sec. 2251A. Selling or buying of children
STATUTE
(a) Any parent, legal guardian, or other person having custody or
control of a minor who sells or otherwise transfers custody or
control of such minor, or offers to sell or otherwise transfer
custody of such minor either -
(1) with knowledge that, as a consequence of the sale or
transfer, the minor will be portrayed in a visual depiction
engaging in, or assisting another person to engage in, sexually
explicit conduct; or
(2) with intent to promote either -
(A) the engaging in of sexually explicit conduct by such
minor for the purpose of producing any visual depiction of such
conduct; or
(B) the rendering of assistance by the minor to any other
person to engage in sexually explicit conduct for the purpose
of producing any visual depiction of such conduct;
shall be punished by imprisonment for not less than 30 years or for
life and by a fine under this title, if any of the circumstances
described in subsection (c) of this section exist.
(b) Whoever purchases or otherwise obtains custody or control of
a minor, or offers to purchase or otherwise obtain custody or
control of a minor either -
(1) with knowledge that, as a consequence of the purchase or
obtaining of custody, the minor will be portrayed in a visual
depiction engaging in, or assisting another person to engage in,
sexually explicit conduct; or
(2) with intent to promote either -
(A) the engaging in of sexually explicit conduct by such
minor for the purpose of producing any visual depiction of such
conduct; or
(B) the rendering of assistance by the minor to any other
person to engage in sexually explicit conduct for the purpose
of producing any visual depiction of such conduct;
shall be punished by imprisonment for not less than 30 years or for
life and by a fine under this title, if any of the circumstances
described in subsection (c) of this section exist.
(c) The circumstances referred to in subsections (a) and (b) are
that -
(1) in the course of the conduct described in such subsections
the minor or the actor traveled in or was transported in or
affecting interstate or foreign commerce;
(2) any offer described in such subsections was communicated or
transported 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 mail; or
(3) the conduct described in such subsections took place in any
territory or possession of the United States.
SOURCE
(Added Pub. L. 100-690, title VII, Sec. 7512(a), Nov. 18, 1988, 102
Stat. 4486; amended Pub. L. 108-21, title I, Sec. 103(b)(1)(B),
Apr. 30, 2003, 117 Stat. 653; Pub. L. 110-358, title I, Sec.
103(a)(2), (b), Oct. 8, 2008, 122 Stat. 4002, 4003.)
AMENDMENTS
2008 - Subsec. (c). Pub. L. 110-358, Sec. 103(b), substituted "in
or affecting interstate" for "in interstate" in pars. (1) and (2).
Subsec. (c)(2). Pub. L. 110-358, Sec. 103(a)(2), inserted "using
any means or facility of interstate or foreign commerce or" after
"or transported".
2003 - Subsecs. (a), (b). Pub. L. 108-21 substituted "30 years"
for "20 years" in concluding provisions.
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