TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
HEAD
Sec. 2252A. Certain activities relating to material constituting or
containing child pornography
STATUTE
(a) Any person who -
(1) knowingly mails, or 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, any child pornography;
(2) knowingly receives or distributes -
(A) any child pornography that has been mailed, or using any
means or facility of interstate or foreign commerce shipped or
transported in or affecting interstate or foreign commerce by
any means, including by computer; or
(B) any material that contains child pornography that has
been mailed, or using any means or facility of interstate or
foreign commerce shipped or transported in or affecting
interstate or foreign commerce by any means, including by
computer;
(3) knowingly -
(A) reproduces any child pornography for distribution through
the mails, or 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
(B) advertises, promotes, presents, distributes, or solicits
through the mails, or using any means or facility of interstate
or foreign commerce or in or affecting interstate or foreign
commerce by any means, including by computer, any material or
purported material in a manner that reflects the belief, or
that is intended to cause another to believe, that the material
or purported material is, or contains -
(i) an obscene visual depiction of a minor engaging in
sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in
sexually explicit conduct;
(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 United
States Government, or in the Indian country (as defined in
section 1151), knowingly sells or possesses with the intent to
sell any child pornography; or
(B) knowingly sells or possesses with the intent to sell any
child pornography that has been mailed, or shipped 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 that was
produced using materials that have been mailed, or shipped or
transported in or affecting interstate or foreign commerce by
any means, including by computer;
(5) 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 United
States Government, or in the Indian country (as defined in
section 1151), knowingly possesses, or knowingly accesses with
intent to view, any book, magazine, periodical, film,
videotape, computer disk, or any other material that contains
an image of child pornography; or
(B) knowingly possesses, or knowingly accesses with intent to
view, any book, magazine, periodical, film, videotape, computer
disk, or any other material that contains an image of child
pornography that has been mailed, or shipped 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 that was produced using materials
that have been mailed, or shipped or transported in or
affecting interstate or foreign commerce by any means,
including by computer;
(6) knowingly distributes, offers, sends, or provides to a
minor any visual depiction, including any photograph, film,
video, picture, or computer generated image or picture, whether
made or produced by electronic, mechanical, or other means, where
such visual depiction is, or appears to be, of a minor engaging
in sexually explicit conduct -
(A) that has been mailed, shipped, 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;
(B) that was produced using materials that have been mailed,
shipped, or transported in or affecting interstate or foreign
commerce by any means, including by computer; or
(C) which distribution, offer, sending, or provision is
accomplished using the mails or any means or facility of
interstate or foreign commerce,
for purposes of inducing or persuading a minor to participate in
any activity that is illegal; or
(7) knowingly produces with intent to distribute, or
distributes, by any means, including a computer, in or affecting
interstate or foreign commerce, child pornography that is an
adapted or modified depiction of an identifiable minor.(!1)
shall be punished as provided in subsection (b).
(b)(1) Whoever violates, or attempts or conspires to violate,
paragraph (1), (2), (3), (4), or (6) 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,
subsection (a)(5) 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.
(3) Whoever violates, or attempts or conspires to violate,
subsection (a)(7) shall be fined under this title or imprisoned not
more than 15 years, or both.
(c) It shall be an affirmative defense to a charge of violating
paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that -
(1)(A) the alleged child pornography was produced using an
actual person or persons engaging in sexually explicit conduct;
and
(B) each such person was an adult at the time the material was
produced; or
(2) the alleged child pornography was not produced using any
actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available
in any prosecution that involves child pornography as described in
section 2256(8)(C). A defendant may not assert an affirmative
defense to a charge of violating paragraph (1), (2), (3)(A), (4),
or (5) of subsection (a) unless, within the time provided for
filing pretrial motions or at such time prior to trial as the judge
may direct, but in no event later than 10 days before the
commencement of the trial, the defendant provides the court and the
United States with notice of the intent to assert such defense and
the substance of any expert or other specialized testimony or
evidence upon which the defendant intends to rely. If the defendant
fails to comply with this subsection, the court shall, absent a
finding of extraordinary circumstances that prevented timely
compliance, prohibit the defendant from asserting such defense to a
charge of violating paragraph (1), (2), (3)(A), (4), or (5) of
subsection (a) or presenting any evidence for which the defendant
has failed to provide proper and timely notice.
(d) Affirmative Defense. - It shall be an affirmative defense to
a charge of violating subsection (a)(5) that the defendant -
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any image or copy thereof -
(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and
afforded that agency access to each such image.
(e) Admissibility of Evidence. - On motion of the government, in
any prosecution under this chapter or section 1466A, except for
good cause shown, the name, address, social security number, or
other nonphysical identifying information, other than the age or
approximate age, of any minor who is depicted in any child
pornography shall not be admissible and may be redacted from any
otherwise admissible evidence, and the jury shall be instructed,
upon request of the United States, that it can draw no inference
from the absence of such evidence in deciding whether the child
pornography depicts an actual minor.
(f) Civil Remedies. -
(1) In general. - Any person aggrieved by reason of the conduct
prohibited under subsection (a) or (b) or section 1466A may
commence a civil action for the relief set forth in paragraph
(2).
(2) Relief. - In any action commenced in accordance with
paragraph (1), the court may award appropriate relief, including -
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for
attorneys and expert witnesses.
(g) Child Exploitation Enterprises. -
(1) Whoever engages in a child exploitation enterprise shall be
fined under this title and imprisoned for any term of years not
less than 20 or for life.
(2) A person engages in a child exploitation enterprise for the
purposes of this section if the person violates section 1591,
section 1201 if the victim is a minor, or chapter 109A (involving
a minor victim), 110 (except for sections 2257 and 2257A), or 117
(involving a minor victim), as a part of a series of felony
violations constituting three or more separate incidents and
involving more than one victim, and commits those offenses in
concert with three or more other persons.
SOURCE
(Added Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
121[3(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-28;
amended Pub. L. 105-314, title II, Secs. 202(b), 203(b), Oct. 30,
1998, 112 Stat. 2978; Pub. L. 107-273, div. B, title IV, Sec.
4003(a)(5), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 108-21, title I,
Sec. 103(a)(1)(D), (E), (b)(1)(E), (F), title V, Secs. 502(d), 503,
505, 507, 510, Apr. 30, 2003, 117 Stat. 652, 653, 679, 680, 682-
684; Pub. L. 109-248, title II, Sec. 206(b)(3), title VII, Sec.
701, July 27, 2006, 120 Stat. 614, 647; Pub. L. 110-358, title I,
Sec. 103(a)(4), (b), (d), title II, Sec. 203(b), Oct. 8, 2008, 122
Stat. 4002, 4003; Pub. L. 110-401, title III, Sec. 304, Oct. 13,
2008, 122 Stat. 4242.)
AMENDMENTS
2008 - Subsec. (a)(1). Pub. L. 110-358, Sec. 103(a)(4)(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)(4)(B), (b), in pars.
(A) and (B), inserted "using any means or facility of interstate or
foreign commerce" after "mailed, or" and substituted "in or
affecting interstate" for "in interstate".
Subsec. (a)(3). Pub. L. 110-358, Sec. 103(a)(4)(C), (b), in pars.
(A) and (B), inserted "using any means or facility of interstate or
foreign commerce or" after "mails, or" and substituted "in or
affecting interstate" for "in interstate".
Subsec. (a)(4)(B). Pub. L. 110-358, Sec. 103(a)(4)(D), (b),
inserted "using any means or facility of interstate or foreign
commerce or" after "has been mailed, or shipped or transported" and
substituted "in or affecting interstate" for "in interstate" in two
places.
Subsec. (a)(5)(A). Pub. L. 110-358, Sec. 203(b)(1), inserted ",
or knowingly accesses with intent to view," after "possesses".
Subsec. (a)(5)(B). Pub. L. 110-358, Secs. 103(a)(4)(D), (b),
203(b)(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 mailed, or shipped or
transported" and substituted "in or affecting interstate" for "in
interstate" in two places.
Subsec. (a)(6)(A). Pub. L. 110-358, Sec. 103(a)(4)(E), (b),
inserted "using any means or facility of interstate or foreign
commerce or" after "has been mailed, shipped, or transported" and
substituted "in or affecting interstate" for "in interstate".
Subsec. (a)(6)(B). Pub. L. 110-358, Sec. 103(b), substituted "in
or affecting interstate" for "in interstate".
Subsec. (a)(6)(C). Pub. L. 110-358, Sec. 103(d), substituted "or
any means or facility of interstate or foreign commerce," for "or
by transmitting or causing to be transmitted any wire communication
in interstate or foreign commerce, including by computer,".
Subsec. (a)(7). Pub. L. 110-401, Sec. 304(a), added par. (7).
Subsec. (b)(3). Pub. L. 110-401, Sec. 304(b), added par. (3).
2006 - Subsec. (b)(1). Pub. L. 109-248, Sec. 206(b)(3), inserted
"section 1591," after "this chapter," and ", or sex trafficking of
children" after "pornography".
Subsec. (g). Pub. L. 109-248, Sec. 701, added subsec. (g).
2003 - Subsec. (a)(3). Pub. L. 108-21, Sec. 503(1)(A), added par.
(3) and struck out former par. (3) which read as follows:
"knowingly reproduces any child pornography for distribution
through the mails, or in interstate or foreign commerce by any
means, including by computer;".
Subsec. (a)(6). Pub. L. 108-21, Sec. 503(1)(B)-(D), added par.
(6).
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. 503(2), which directed the substitution of
"paragraph (1), (2), (3), (4), or (6)" for "paragraphs (1), (2),
(3), or (4)", was executed by making the substitution for
"paragraph (1), (2), (3), or (4)", to reflect the probable intent
of Congress.
Pub. L. 108-21, Sec. 103(a)(1)(D), (b)(1)(E), substituted "20
years" for "15 years", "and imprisoned not less than 5 years and"
for "or imprisoned", "15 years" for "5 years", and "40 years" for
"30 years" and struck out "or both," before "but, if such person".
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)(E), (F), 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".
Subsec. (c). Pub. L. 108-21, Sec. 502(d), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "It
shall be an affirmative defense to a charge of violating paragraph
(1), (2), (3), or (4) of subsection (a) that -
"(1) the alleged child pornography was produced using an actual
person or persons engaging in sexually explicit conduct;
"(2) each such person was an adult at the time the material was
produced; and
"(3) the defendant did not advertise, promote, present,
describe, or distribute the material in such a manner as to
convey the impression that it is or contains a visual depiction
of a minor engaging in sexually explicit conduct."
Subsec. (e). Pub. L. 108-21, Sec. 505, added subsec. (e).
Subsec. (f). Pub. L. 108-21, Sec. 510, added subsec. (f).
2002 - Subsecs. (b)(1), (c). Pub. L. 107-273 substituted
"paragraph" for "paragraphs".
1998 - Subsec. (a)(5)(A), (B). Pub. L. 105-314, Sec. 203(b)(1),
substituted "an image" for "3 or more images".
Subsec. (b). Pub. L. 105-314, Sec. 202(b), 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. (d). Pub. L. 105-314, Sec. 203(b)(2), added subsec. (d).
FOOTNOTE
(!1) So in original. The period probably should be a comma.
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