-CITE-
    18 USC CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE
           OF CHILDREN                                     01/03/2007

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

-HEAD-
       CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN   

-MISC1-
    Sec.                                                     
    2251.       Sexual exploitation of children.                      
    2251A.      Selling or buying of children.                        
    2252.       Certain activities relating to material involving the
                 sexual exploitation of minors.                       
    2252A.      Certain activities relating to material constituting
                 or containing child pornography.                     
    2252B.      Misleading domain names on the Internet.              
    2252C.      Misleading words or digital images on the Internet.   
    2253.       Criminal forfeiture.                                  
    2254.       Civil forfeiture.                                     
    2255.       Civil remedy for personal injuries.                   
    2256.       Definitions for chapter.                              
    2257.       Record keeping requirements.                          
    2257A.      Recordkeeping requirements for simulated sexual
                 conduct.(!1)                                         

    2258.       Failure to report child abuse.                        
    2259.       Mandatory restitution.                                
    2260.       Production of sexually explicit depictions of a minor
                 for importation into the United States.              
    2260A.      Increased penalties for registered sex offenders.(!1) 

                                AMENDMENTS                            
      2006 - Pub. L. 109-248, title V, Sec. 503(b), title VII, Secs.
    702(b), 703(b), July 27, 2006, 120 Stat. 629, 648, 649, added items
    2252C, 2257A, and 2260A.
      2003 - Pub. L. 108-21, title V, Sec. 521(b), Apr. 30, 2003, 117
    Stat. 686, added item 2252B.
      1996 - Pub. L. 104-294, title VI, Sec. 601(i)(2), Oct. 11, 1996,
    110 Stat. 3501, redesignated item 2258, relating to production of
    sexually explicit depictions of a minor, as 2260.
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
    121[3(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-30, added
    item 2252A.
      1994 - Pub. L. 103-322, title IV, Sec. 40113(b)(2), title XVI,
    Sec. 160001(b)(1), Sept. 13, 1994, 108 Stat. 1910, 2037, added
    items 2258, relating to production of sexually explicit depictions
    of a minor, and 2259.
      1990 - Pub. L. 101-647, title II, Sec. 226(g)(2), Nov. 29, 1990,
    104 Stat. 4808, inserted "AND OTHER ABUSE" after "EXPLOITATION" in
    chapter heading and added item 2258.
      1988 - Pub. L. 100-690, title VII, Secs. 7512(c), 7513(b), Nov.
    18, 1988, 102 Stat. 4487, 4488, added items 2251A and 2257.
      1986 - Pub. L. 99-500, Sec. 101(b), [title VII, Sec. 703(b)],
    Oct. 18, 1986, 100 Stat. 1783-39, 1783-75, and Pub. L. 99-591, Sec.
    101(b) [title VII, Sec. 703(b)], Oct. 30, 1986, 100 Stat. 3341-39,
    3341-75, added item 2255 and redesignated former item 2255 as 2256.
      1984 - Pub. L. 98-292, Sec. 7, May 21, 1984, 98 Stat. 206, added
    items 2253 and 2254 and redesignated former item 2253 as 2255.

-FOOTNOTE-               

    (!1) So in original. Does not conform to section catchline.


-End-



-CITE-
    18 USC Sec. 2251                                            01/03/2007

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

-HEAD-
    Sec. 2251. Sexual exploitation of children

-STATUTE-
      (a) Any person who employs, uses, persuades, induces, entices, or
    coerces any minor to engage in, or who has a minor assist any other
    person to engage in, or who transports any minor in interstate or
    foreign commerce, or in any Territory or Possession of the United
    States, with the intent that such minor engage in, any sexually
    explicit conduct for the purpose of producing any visual depiction
    of such conduct, shall be punished as provided under subsection
    (e), if such person knows or has reason to know that such visual
    depiction will be transported in interstate or foreign commerce or
    mailed, if that visual depiction was produced using materials that
    have been mailed, shipped, or transported in interstate or foreign
    commerce by any means, including by computer, or if such visual
    depiction has actually been transported in interstate or foreign
    commerce or mailed.
      (b) Any parent, legal guardian, or person having custody or
    control of a minor who knowingly permits such minor to engage in,
    or to assist any other person to engage in, sexually explicit
    conduct for the purpose of producing any visual depiction of such
    conduct shall be punished as provided under subsection (e) of this
    section, if such parent, legal guardian, or person knows or has
    reason to know that such visual depiction will be transported in
    interstate or foreign commerce or mailed, if that visual depiction
    was produced using materials that have been mailed, shipped, or
    transported in interstate or foreign commerce by any means,
    including by computer, or if such visual depiction has actually
    been transported in interstate or foreign commerce or mailed.
      (c)(1) Any person who, in a circumstance described in paragraph
    (2), employs, uses, persuades, induces, entices, or coerces any
    minor to engage in, or who has a minor assist any other person to
    engage in, any sexually explicit conduct outside of the United
    States, its territories or possessions, for the purpose of
    producing any visual depiction of such conduct, shall be punished
    as provided under subsection (e).
      (2) The circumstance referred to in paragraph (1) is that - 
        (A) the person intends such visual depiction to be transported
      to the United States, its territories or possessions, by any
      means, including by computer or mail; or
        (B) the person transports such visual depiction to the United
      States, its territories or possessions, by any means, including
      by computer or mail.

      (d)(1) Any person who, in a circumstance described in paragraph
    (2), knowingly makes, prints, or publishes, or causes to be made,
    printed, or published, any notice or advertisement seeking or
    offering - 
        (A) to receive, exchange, buy, produce, display, distribute, or
      reproduce, any visual depiction, if the production of such visual
      depiction involves the use of a minor engaging in sexually
      explicit conduct and such visual depiction is of such conduct; or
        (B) participation in any act of sexually explicit conduct by or
      with any minor for the purpose of producing a visual depiction of
      such conduct;

    shall be punished as provided under subsection (e).
      (2) The circumstance referred to in paragraph (1) is that - 
        (A) such person knows or has reason to know that such notice or
      advertisement will be transported in interstate or foreign
      commerce by any means including by computer or mailed; or
        (B) such notice or advertisement is transported in interstate
      or foreign commerce by any means including by computer or mailed.

      (e) Any individual who violates, or attempts or conspires to
    violate, this section shall be fined under this title and
    imprisoned not less than 15 years nor more than 30 years, but if
    such person has one 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, abusive sexual contact involving a
    minor or ward, or sex trafficking of children, 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 25 years nor more
    than 50 years, but if such person has 2 or more prior convictions
    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 the
    sexual exploitation of children, such person shall be fined under
    this title and imprisoned not less than 35 years nor more than
    life. Any organization that violates, or attempts or conspires to
    violate, this section shall be fined under this title. Whoever, in
    the course of an offense under this section, engages in conduct
    that results in the death of a person, shall be punished by death
    or imprisoned for not less than 30 years or for life.

-SOURCE-
    (Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 7; amended
    Pub. L. 98-292, Sec. 3, May 21, 1984, 98 Stat. 204; Pub. L. 99-500,
    Sec. 101(b) [title VII, Sec. 704(a)], Oct. 18, 1986, 100 Stat. 1783-
    39, 1783-75, and Pub. L. 99-591, Sec. 101(b) [title VII, Sec.
    704(a)], Oct. 30, 1986, 100 Stat. 3341-39, 3341-75; Pub. L. 99-628,
    Secs. 2, 3, Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100-690, title
    VII, Sec. 7511(a), Nov. 18, 1988, 102 Stat. 4485; Pub. L. 101-647,
    title XXXV, Sec. 3563, Nov. 29, 1990, 104 Stat. 4928; Pub. L. 103-
    322, title VI, Sec. 60011, title XVI, Sec. 160001(b)(2), (c), (e),
    title XXXIII, Sec. 330016(1)(S)-(U), Sept. 13, 1994, 108 Stat.
    1973, 2037, 2148; Pub. L. 104-208, div. A, title I, Sec. 101(a)
    [title I, Sec. 121[4]], Sept. 30, 1996, 110 Stat. 3009, 3009-26,
    3009-30; Pub. L. 105-314, title II, Sec. 201, Oct. 30, 1998, 112
    Stat. 2977; Pub. L. 108-21, title I, Sec. 103(a)(1)(A), (b)(1)(A),
    title V, Secs. 506, 507, Apr. 30, 2003, 117 Stat. 652, 653, 683;
    Pub. L. 109-248, title II, Sec. 206(b)(1), July 27, 2006, 120 Stat.
    614.)

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


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-248 inserted "section 1591,"
    after "one prior conviction under this chapter," and substituted
    "aggravated sexual abuse, sexual abuse, abusive sexual contact
    involving a minor or ward, or sex trafficking of children, or the
    production, possession, receipt, mailing, sale, distribution,
    shipment, or transportation of child pornography" for "the sexual
    exploitation of children" and "not less than 30 years or for life"
    for "any term of years or for life".
      2003 - Subsecs. (a), (b). Pub. L. 108-21, Sec. 506(1),
    substituted "subsection (e)" for "subsection (d)".
      Subsec. (c). Pub. L. 108-21, Sec. 506(3), added subsec. (c).
    Former subsec. (c) redesignated (d).
      Subsec. (c)(1). Pub. L. 108-21, Sec. 506(1), substituted
    "subsection (e)" for "subsection (d)" in concluding provisions.
      Subsec. (d). Pub. L. 108-21, Sec. 506(2), redesignated subsec.
    (c) as (d). Former subsec. (d) redesignated (e).
      Pub. L. 108-21, Sec. 103(a)(1)(A), (b)(1)(A), substituted "and
    imprisoned not less than 15" for "or imprisoned not less than 10",
    "30 years" for "20 years", "25 years" for "15 years", "more than 50
    years" for "more than 30 years", and "35 years nor more than life"
    for "30 years nor more than life", and struck out "and both,"
    before "but if such person has one".
      Subsec. (e). Pub. L. 108-21, Sec. 507, inserted "chapter 71,"
    before "chapter 109A," in two places and "or under section 920 of
    title 10 (article 120 of the Uniform Code of Military Justice),"
    before "or under the laws" in two places.
      Pub. L. 108-21, Sec. 506(2), redesignated subsec. (d) as (e).
      1998 - Subsec. (a). Pub. L. 105-314, Sec. 201(a), inserted "if
    that visual depiction was produced using materials that have been
    mailed, shipped, or transported in interstate or foreign commerce
    by any means, including by computer," before "or if".
      Subsec. (b). Pub. L. 105-314, Sec. 201(b), inserted ", if that
    visual depiction was produced using materials that have been
    mailed, shipped, or transported in interstate or foreign commerce
    by any means, including by computer," before "or if".
      Subsec. (d). Pub. L. 105-314, Sec. 201(c), substituted ", chapter
    109A, or chapter 117" for "or chapter 109A" in two places.
      1996 - Subsec. (d). Pub. L. 104-208 amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "Any
    individual who violates, or attempts or conspires to violate, this
    section shall be fined under this title, imprisoned not more than
    10 years, or both, but, if such individual has a prior conviction
    under this chapter or chapter 109A, such individual shall be fined
    under this title, imprisoned not less than five years nor more than
    15 years, or both. Any organization which violates, or attempts or
    conspires to violate, this section shall be fined under this title.
    Whoever, in the course of an offense under this section, engages in
    conduct that results in the death of a person, shall be punished by
    death or imprisoned for any term of years or for life."
      1994 - Pub. L. 103-322, Sec. 330016(1)(S)-(U), which directed the
    amendment of this section by substituting "under this title" for
    "not more than $100,000", "not more than $200,000", and "not more
    than $250,000", could not be executed because those phrases did not
    appear in text subsequent to amendment of subsec. (d) by Pub. L.
    103-322, Sec. 160001(b)(2). See below.
      Subsec. (d). Pub. L. 103-322, Sec. 160001(e), inserted ", or
    attempts or conspires to violate," after "violates" in two places.
      Pub. L. 103-322, Sec. 160001(c), substituted "conviction under
    this chapter or chapter 109A" for "conviction under this section".
      Pub. L. 103-322, Sec. 160001(b)(2)(C), substituted "fined under
    this title" for "fined not more than $250,000" in penultimate
    sentence.
      Pub. L. 103-322, Sec. 160001(b)(2)(B), substituted "fined under
    this title," for "fined not more than $200,000, or" before
    "imprisoned not less than five years".
      Pub. L. 103-322, Sec. 160001(b)(2)(A), substituted "fined under
    this title," for "fined not more than $100,000, or" before
    "imprisoned not more than 10 years".
      Pub. L. 103-322, Sec. 60011, inserted at end "Whoever, in the
    course of an offense under this section, engages in conduct that
    results in the death of a person, shall be punished by death or
    imprisoned for any term of years or for life."
      1990 - Subsec. (a). Pub. L. 101-647 substituted "person to engage
    in," for "person to engage in,,".
      1988 - Subsec. (c)(2)(A), (B). Pub. L. 100-690 inserted "by any
    means including by computer" after "commerce".
      1986 - Subsec. (a). Pub. L. 99-628, Secs. 2(1), (3), inserted ",
    or who transports any minor in interstate or foreign commerce, or
    in any Territory or Possession of the United States, with the
    intent that such minor engage in," after "assist any other person
    to engage in," and substituted "subsection (d)" for "subsection
    (c)".
      Subsec. (b). Pub. L. 99-628, Sec. 2(2), substituted "subsection
    (d)" for "subsection (c)".
      Subsecs. (c), (d). Pub. L. 99-628, Sec. 2(3), (4), added subsec.
    (c) and redesignated former subsec. (c) as (d).
      Pub. L. 99-500 and Pub. L. 99-591 substituted "five years" for
    "two years" in subsec. (c).
      1984 - Subsecs. (a), (b). Pub. L. 98-292, Sec. 3(1), (2),
    substituted "visual depiction" for "visual or print medium" in
    three places and substituted "of" for "depicting" before "such
    conduct".
      Subsec. (c). Pub. L. 98-292, Sec. 3(3)-(6), 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."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-248, title VII, Sec. 707(a), July 27, 2006, 120 Stat.
    650, provided that: "This section [amending section 2255 of this
    title] may be cited as 'Masha's Law'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 101(a) [title I, Sec. 121] of div. A of Pub. L. 104-208
    provided in part that: "This section [enacting section 2252A of
    this title, amending this section, sections 2241, 2243, 2252, and
    2256 of this title, and section 2000aa of Title 42, The Public
    Health and Welfare, and enacting provisions set out as notes under
    this section and section 2241 of this title] may be cited as the
    'Child Pornography Prevention Act of 1996'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Section 301(a) of title III of Pub. L. 101-647 provided that:
    "This title [amending sections 1460, 2243, 2252, and 2257 of this
    title and enacting provisions set out as notes under section 2257
    of this title and section 994 of Title 28, Judiciary and Judicial
    Procedure] may be cited as the 'Child Protection Restoration and
    Penalties Enhancement Act of 1990'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Section 7501 of title VII of Pub. L. 100-690 provided that: "This
    subtitle [subtitle N (Secs. 7501-7526) of title VII of Pub. L. 100-
    690, enacting sections 1460, 1466 to 1469, 2251A, and 2257 of this
    title, amending this section, sections 1465, 1961, 2252 to 2254,
    2256, and 2516 of this title, section 1305 of Title 19, Customs
    Duties, and section 223 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs, and enacting provisions set out as a note under
    section 2257 of this title] may be cited as the 'Child Protection
    and Obscenity Enforcement Act of 1988'."

                      SHORT TITLE OF 1986 AMENDMENTS                  
      Section 1 of Pub. L. 99-628 provided that: "This Act [enacting
    sections 2421 to 2423 of this title, amending this section and
    sections 2255 and 2424 of this title, and repealing former sections
    2421 to 2423 of this title] may be cited as the 'Child Sexual Abuse
    and Pornography Act of 1986'."
      Section 101(b) [title VII, Sec. 701] of Pub. L. 99-500 and Pub.
    L. 99-591 provided that: "This title [enacting section 2255 of this
    title, amending this section and section 2252 of this title,
    redesignating former section 2255 of this title as 2256, and
    enacting provisions set out as notes under this section] may be
    cited as the 'Child Abuse Victims' Rights Act of 1986'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Section 1 of Pub. L. 98-292 provided: "That this Act [enacting
    sections 2253 and 2254 of this title, amending this section and
    sections 2252, 2255, and 2516 of this title, and enacting
    provisions set out as notes under this section and section 522 of
    Title 28, Judiciary and Judicial Procedure] may be cited as the
    'Child Protection Act of 1984'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-225 provided: "That this Act [enacting
    this chapter and amending section 2423 of this title] may be cited
    as the 'Protection of Children Against Sexual Exploitation Act of
    1977'."

                               SEVERABILITY                           
      Section 101(a) [title I, Sec. 121[8]] of Pub. L. 104-208 provided
    that: "If any provision of this Act [probably means section 121 of
    Pub. L. 104-208, div. A, title I, Sec. 101(a), see Short Title of
    1996 Amendment note above], including any provision or section of
    the definition of the term child pornography, an amendment made by
    this Act, or the application of such provision or amendment to any
    person or circumstance is held to be unconstitutional, the
    remainder of this Act, including any other provision or section of
    the definition of the term child pornography, the amendments made
    by this Act, and the application of such to any other person or
    circumstance shall not be affected thereby."
      Section 4 of Pub. L. 95-225 provided that: "If any provision of
    this Act [see Short Title note set out above] or the application
    thereof to any person or circumstances is held invalid, the
    remainder of the Act and the application of the provision to other
    persons not similarly situated or to other circumstances shall not
    be affected thereby."

                          CONGRESSIONAL FINDINGS                      
      Pub. L. 109-248, title V, Sec. 501, July 27, 2006, 120 Stat. 623,
    provided that: "Congress makes the following findings:
        "(1) The effect of the intrastate production, transportation,
      distribution, receipt, advertising, and possession of child
      pornography on the interstate market in child pornography:
          "(A) The illegal production, transportation, distribution,
        receipt, advertising and possession of child pornography, as
        defined in section 2256(8) of title 18, United States Code, as
        well as the transfer of custody of children for the production
        of child pornography, is harmful to the physiological,
        emotional, and mental health of the children depicted in child
        pornography and has a substantial and detrimental effect on
        society as a whole.
          "(B) A substantial interstate market in child pornography
        exists, including not only a multimillion dollar industry, but
        also a nationwide network of individuals openly advertising
        their desire to exploit children and to traffic in child
        pornography. Many of these individuals distribute child
        pornography with the expectation of receiving other child
        pornography in return.
          "(C) The interstate market in child pornography is carried on
        to a substantial extent through the mails and other
        instrumentalities of interstate and foreign commerce, such as
        the Internet. The advent of the Internet has greatly increased
        the ease of transporting, distributing, receiving, and
        advertising child pornography in interstate commerce. The
        advent of digital cameras and digital video cameras, as well as
        videotape cameras, has greatly increased the ease of producing
        child pornography. The advent of inexpensive computer equipment
        with the capacity to store large numbers of digital images of
        child pornography has greatly increased the ease of possessing
        child pornography. Taken together, these technological advances
        have had the unfortunate result of greatly increasing the
        interstate market in child pornography.
          "(D) Intrastate incidents of production, transportation,
        distribution, receipt, advertising, and possession of child
        pornography, as well as the transfer of custody of children for
        the production of child pornography, have a substantial and
        direct effect upon interstate commerce because:
            "(i) Some persons engaged in the production,
          transportation, distribution, receipt, advertising, and
          possession of child pornography conduct such activities
          entirely within the boundaries of one state. These persons
          are unlikely to be content with the amount of child
          pornography they produce, transport, distribute, receive,
          advertise, or possess. These persons are therefore likely to
          enter the interstate market in child pornography in search of
          additional child pornography, thereby stimulating demand in
          the interstate market in child pornography.
            "(ii) When the persons described in subparagraph (D)(i)
          enter the interstate market in search of additional child
          pornography, they are likely to distribute the child
          pornography they already produce, transport, distribute,
          receive, advertise, or possess to persons who will distribute
          additional child pornography to them, thereby stimulating
          supply in the interstate market in child pornography.
            "(iii) Much of the child pornography that supplies the
          interstate market in child pornography is produced entirely
          within the boundaries of one state, is not traceable, and
          enters the interstate market surreptitiously. This child
          pornography supports demand in the interstate market in child
          pornography and is essential to its existence.
          "(E) Prohibiting the intrastate production, transportation,
        distribution, receipt, advertising, and possession of child
        pornography, as well as the intrastate transfer of custody of
        children for the production of child pornography, will cause
        some persons engaged in such intrastate activities to cease all
        such activities, thereby reducing both supply and demand in the
        interstate market for child pornography.
          "(F) Federal control of the intrastate incidents of the
        production, transportation, distribution, receipt, advertising,
        and possession of child pornography, as well as the intrastate
        transfer of children for the production of child pornography,
        is essential to the effective control of the interstate market
        in child pornography.
        "(2) The importance of protecting children from repeat
      exploitation in child pornography:
          "(A) The vast majority of child pornography prosecutions
        today involve images contained on computer hard drives,
        computer disks, and related media.
          "(B) Child pornography is not entitled to protection under
        the First Amendment and thus may be prohibited.
          "(C) The government has a compelling State interest in
        protecting children from those who sexually exploit them, and
        this interest extends to stamping out the vice of child
        pornography at all levels in the distribution chain.
          "(D) Every instance of viewing images of child pornography
        represents a renewed violation of the privacy of the victims
        and a repetition of their abuse.
          "(E) Child pornography constitutes prima facie contraband,
        and as such should not be distributed to, or copied by, child
        pornography defendants or their attorneys.
          "(F) It is imperative to prohibit the reproduction of child
        pornography in criminal cases so as to avoid repeated violation
        and abuse of victims, so long as the government makes
        reasonable accommodations for the inspection, viewing, and
        examination of such material for the purposes of mounting a
        criminal defense."
      Pub. L. 108-21, title V, Sec. 501, Apr. 30, 2003, 117 Stat. 676,
    provided that: "Congress finds the following:
        "(1) Obscenity and child pornography are not entitled to
      protection under the First Amendment under Miller v. California,
      413 U.S. 15 (1973) (obscenity), or New York v. Ferber, 458 U.S.
      747 (1982) (child pornography) and thus may be prohibited.
        "(2) The Government has a compelling state interest in
      protecting children from those who sexually exploit them,
      including both child molesters and child pornographers. 'The
      prevention of sexual exploitation and abuse of children
      constitutes a government objective of surpassing importance,' New
      York v. Ferber, 458 U.S. 747, 757 (1982), and this interest
      extends to stamping out the vice of child pornography at all
      levels in the distribution chain. Osborne v. Ohio, 495 U.S. 103,
      110 (1990).
        "(3) The Government thus has a compelling interest in ensuring
      that the criminal prohibitions against child pornography remain
      enforceable and effective. 'The most expeditious if not the only
      practical method of law enforcement may be to dry up the market
      for this material by imposing severe criminal penalties on
      persons selling, advertising, or otherwise promoting the
      product.' Ferber, 458 U.S. at 760.
        "(4) In 1982, when the Supreme Court decided Ferber, the
      technology did not exist to - 
          "(A) computer generate depictions of children that are
        indistinguishable from depictions of real children;
          "(B) use parts of images of real children to create a
        composite image that is unidentifiable as a particular child
        and in a way that prevents even an expert from concluding that
        parts of images of real children were used; or
          "(C) disguise pictures of real children being abused by
        making the image look computer-generated.
        "(5) Evidence submitted to the Congress, including from the
      National Center for Missing and Exploited Children, demonstrates
      that technology already exists to disguise depictions of real
      children to make them unidentifiable and to make depictions of
      real children appear computer-generated. The technology will soon
      exist, if it does not already, to computer generate realistic
      images of children.
        "(6) The vast majority of child pornography prosecutions today
      involve images contained on computer hard drives, computer disks,
      and/or related media.
        "(7) There is no substantial evidence that any of the child
      pornography images being trafficked today were made other than by
      the abuse of real children. Nevertheless, technological advances
      since Ferber have led many criminal defendants to suggest that
      the images of child pornography they possess are not those of
      real children, insisting that the government prove beyond a
      reasonable doubt that the images are not computer-generated. Such
      challenges increased significantly after the decision in Ashcroft
      v. Free Speech Coalition, 535 U.S. 234 (2002).
        "(8) Child pornography circulating on the Internet has, by
      definition, been digitally uploaded or scanned into computers and
      has been transferred over the Internet, often in different file
      formats, from trafficker to trafficker. An image seized from a
      collector of child pornography is rarely a first-generation
      product, and the retransmission of images can alter the image so
      as to make it difficult for even an expert conclusively to opine
      that a particular image depicts a real child. If the original
      image has been scanned from a paper version into a digital
      format, this task can be even harder since proper forensic
      assessment may depend on the quality of the image scanned and the
      tools used to scan it.
        "(9) The impact of the Free Speech Coalition decision on the
      Government's ability to prosecute child pornography offenders is
      already evident. The Ninth Circuit has seen a significant adverse
      effect on prosecutions since the 1999 Ninth Circuit Court of
      Appeals decision in Free Speech Coalition. After that decision,
      prosecutions generally have been brought in the Ninth Circuit
      only in the most clear-cut cases in which the government can
      specifically identify the child in the depiction or otherwise
      identify the origin of the image. This is a fraction of
      meritorious child pornography cases. The National Center for
      Missing and Exploited Children testified that, in light of the
      Supreme Court's affirmation of the Ninth Circuit decision,
      prosecutors in various parts of the country have expressed
      concern about the continued viability of previously indicted
      cases as well as declined potentially meritorious prosecutions.
        "(10) Since the Supreme Court's decision in Free Speech
      Coalition, defendants in child pornography cases have almost
      universally raised the contention that the images in question
      could be virtual, thereby requiring the government, in nearly
      every child pornography prosecution, to find proof that the child
      is real. Some of these defense efforts have already been
      successful. In addition, the number of prosecutions being brought
      has been significantly and adversely affected as the resources
      required to be dedicated to each child pornography case now are
      significantly higher than ever before.
        "(11) Leading experts agree that, to the extent that the
      technology exists to computer generate realistic images of child
      pornography, the cost in terms of time, money, and expertise is -
      and for the foreseeable future will remain - prohibitively
      expensive. As a result, for the foreseeable future, it will be
      more cost-effective to produce child pornography using real
      children. It will not, however, be difficult or expensive to use
      readily available technology to disguise those depictions of real
      children to make them unidentifiable or to make them appear
      computer-generated.
        "(12) Child pornography results from the abuse of real children
      by sex offenders; the production of child pornography is a
      byproduct of, and not the primary reason for, the sexual abuse of
      children. There is no evidence that the future development of
      easy and inexpensive means of computer generating realistic
      images of children would stop or even reduce the sexual abuse of
      real children or the practice of visually recording that abuse.
        "(13) In the absence of congressional action, the difficulties
      in enforcing the child pornography laws will continue to grow
      increasingly worse. The mere prospect that the technology exists
      to create composite or computer-generated depictions that are
      indistinguishable from depictions of real children will allow
      defendants who possess images of real children to escape
      prosecution; for it threatens to create a reasonable doubt in
      every case of computer images even when a real child was abused.
      This threatens to render child pornography laws that protect real
      children unenforceable. Moreover, imposing an additional
      requirement that the Government prove beyond a reasonable doubt
      that the defendant knew that the image was in fact a real child -
      as some courts have done - threatens to result in the de facto
      legalization of the possession, receipt, and distribution of
      child pornography for all except the original producers of the
      material.
        "(14) To avoid this grave threat to the Government's
      unquestioned compelling interest in effective enforcement of the
      child pornography laws that protect real children, a statute must
      be adopted that prohibits a narrowly-defined subcategory of
      images.
        "(15) The Supreme Court's 1982 Ferber v. New York decision
      holding that child pornography was not protected drove child
      pornography off the shelves of adult bookstores. Congressional
      action is necessary now to ensure that open and notorious
      trafficking in such materials does not reappear, and even
      increase, on the Internet."
      Section 101(a) [title I, Sec. 121[1]] of Pub. L. 104-208 provided
    that: "Congress finds that - 
        "(1) the use of children in the production of sexually explicit
      material, including photographs, films, videos, computer images,
      and other visual depictions, is a form of sexual abuse which can
      result in physical or psychological harm, or both, to the
      children involved;
        "(2) where children are used in its production, child
      pornography permanently records the victim's abuse, and its
      continued existence causes the child victims of sexual abuse
      continuing harm by haunting those children in future years;
        "(3) child pornography is often used as part of a method of
      seducing other children into sexual activity; a child who is
      reluctant to engage in sexual activity with an adult, or to pose
      for sexually explicit photographs, can sometimes be convinced by
      viewing depictions of other children 'having fun' participating
      in such activity;
        "(4) child pornography is often used by pedophiles and child
      sexual abusers to stimulate and whet their own sexual appetites,
      and as a model for sexual acting out with children; such use of
      child pornography can desensitize the viewer to the pathology of
      sexual abuse or exploitation of children, so that it can become
      acceptable to and even preferred by the viewer;
        "(5) new photographic and computer imagining [sic] technologies
      make it possible to produce by electronic, mechanical, or other
      means, visual depictions of what appear to be children engaging
      in sexually explicit conduct that are virtually indistinguishable
      to the unsuspecting viewer from unretouched photographic images
      of actual children engaging in sexually explicit conduct;
        "(6) computers and computer imaging technology can be used to -
      
          "(A) alter sexually explicit photographs, films, and videos
        in such a way as to make it virtually impossible for
        unsuspecting viewers to identify individuals, or to determine
        if the offending material was produced using children;
          "(B) produce visual depictions of child sexual activity
        designed to satisfy the preferences of individual child
        molesters, pedophiles, and pornography collectors; and
          "(C) alter innocent pictures of children to create visual
        depictions of those children engaging in sexual conduct;
        "(7) the creation or distribution of child pornography which
      includes an image of a recognizable minor invades the child's
      privacy and reputational interests, since images that are created
      showing a child's face or other identifiable feature on a body
      engaging in sexually explicit conduct can haunt the minor for
      years to come;
        "(8) the effect of visual depictions of child sexual activity
      on a child molester or pedophile using that material to stimulate
      or whet his own sexual appetites, or on a child where the
      material is being used as a means of seducing or breaking down
      the child's inhibitions to sexual abuse or exploitation, is the
      same whether the child pornography consists of photographic
      depictions of actual children or visual depictions produced
      wholly or in part by electronic, mechanical, or other means,
      including by computer, which are virtually indistinguishable to
      the unsuspecting viewer from photographic images of actual
      children;
        "(9) the danger to children who are seduced and molested with
      the aid of child sex pictures is just as great when the child
      pornographer or child molester uses visual depictions of child
      sexual activity produced wholly or in part by electronic,
      mechanical, or other means, including by computer, as when the
      material consists of unretouched photographic images of actual
      children engaging in sexually explicit conduct;
        "(10)(A) the existence of and traffic in child pornographic
      images creates the potential for many types of harm in the
      community and presents a clear and present danger to all
      children; and
        "(B) it inflames the desires of child molesters, pedophiles,
      and child pornographers who prey on children, thereby increasing
      the creation and distribution of child pornography and the sexual
      abuse and exploitation of actual children who are victimized as a
      result of the existence and use of these materials;
        "(11)(A) the sexualization and eroticization of minors through
      any form of child pornographic images has a deleterious effect on
      all children by encouraging a societal perception of children as
      sexual objects and leading to further sexual abuse and
      exploitation of them; and
        "(B) this sexualization of minors creates an unwholesome
      environment which affects the psychological, mental and emotional
      development of children and undermines the efforts of parents and
      families to encourage the sound mental, moral and emotional
      development of children;
        "(12) prohibiting the possession and viewing of child
      pornography will encourage the possessors of such material to rid
      themselves of or destroy the material, thereby helping to protect
      the victims of child pornography and to eliminate the market for
      the sexual exploitative use of children; and
        "(13) the elimination of child pornography and the protection
      of children from sexual exploitation provide a compelling
      governmental interest for prohibiting the production,
      distribution, possession, sale, or viewing of visual depictions
      of children engaging in sexually explicit conduct, including both
      photographic images of actual children engaging in such conduct
      and depictions produced by computer or other means which are
      virtually indistinguishable to the unsuspecting viewer from
      photographic images of actual children engaging in such conduct."
      Section 101(b) [title VII, Sec. 702] of Pub. L. 99-500 and Pub.
    L. 99-591 provided that: "The Congress finds that - 
        "(1) child exploitation has become a multi-million dollar
      industry, infiltrated and operated by elements of organized
      crime, and by a nationwide network of individuals openly
      advertising their desire to exploit children;
        "(2) Congress has recognized the physiological, psychological,
      and emotional harm caused by the production, distribution, and
      display of child pornography by strengthening laws prescribing
      such activity;
        "(3) the Federal Government lacks sufficient enforcement tools
      to combat concerted efforts to exploit children prescribed by
      Federal law, and exploitation victims lack effective remedies
      under Federal law; and
        "(4) current rules of evidence, criminal procedure, and civil
      procedure and other courtroom and investigative procedures
      inhibit the participation of child victims as witnesses and
      damage their credibility when they do testify, impairing the
      prosecution of child exploitation offenses."
      Section 2 of Pub. L. 98-292 provided that: "The Congress finds
    that - 
        "(1) child pornography has developed into a highly organized,
      multi-million-dollar industry which operates on a nationwide
      scale;
        "(2) thousands of children including large numbers of runaway
      and homeless youth are exploited in the production and
      distribution of pornographic materials; and
        "(3) the use of children as subjects of pornographic materials
      is harmful to the physiological, emotional, and mental health of
      the individual child and to society."

                        REPORT BY ATTORNEY GENERAL                    
      Section 101(b) [title VII, Sec. 705] of Pub. L. 99-500 and Pub.
    L. 99-591 required Attorney General, within one year after Oct. 18,
    1986, to submit a report to Congress detailing possible changes in
    Federal Rules of Evidence, Federal Rules of Criminal Procedure,
    Federal Rules of Civil Procedure, and other Federal courtroom,
    prosecutorial, and investigative procedures which would facilitate
    the participation of child witnesses in cases involving child abuse
    and sexual exploitation.

                         ANNUAL REPORT TO CONGRESS                     
      Attorney General to report annually to Congress on prosecutions,
    convictions, and forfeitures under this chapter, see section 9 of
    Pub. L. 98-292, set out as a note under section 522 of Title 28,
    Judiciary and Judicial Procedure.

-End-



-CITE-
    18 USC Sec. 2251A                                           01/03/2007

-EXPCITE-
    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
      interstate or foreign commerce;
        (2) any offer described in such subsections was communicated or
      transported in 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.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsecs. (a), (b). Pub. L. 108-21 substituted "30 years"
    for "20 years" in concluding provisions.

-End-



-CITE-
    18 USC Sec. 2252                                            01/03/2007

-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 in 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
      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, or knowingly reproduces any visual
      depiction for distribution in 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, or has been shipped or
        transported in 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; 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 1 or more
        books, magazines, periodicals, films, video tapes, or other
        matter which contain any visual depiction; or
          (B) knowingly possesses 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 in 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.)

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


-MISC1-
                                AMENDMENTS                            
      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."

-End-



-CITE-
    18 USC Sec. 2252A                                           01/03/2007

-EXPCITE-
    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 in 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 shipped or
        transported in interstate or foreign commerce by any means,
        including by computer; or
          (B) any material that contains child pornography that has
        been mailed, or shipped or transported in interstate or foreign
        commerce by any means, including by computer;

        (3) knowingly - 
          (A) reproduces any child pornography for distribution through
        the mails, or in interstate or foreign commerce by any means,
        including by computer; or
          (B) advertises, promotes, presents, distributes, or solicits
        through the mails, or in 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 in 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 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 any book, magazine,
        periodical, film, videotape, computer disk, or any other
        material that contains an image of child pornography; or
          (B) knowingly possesses 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 in 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 interstate
        or foreign commerce by any means, including by computer; or

        (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 in
        interstate or foreign commerce by any means, including by
        computer;
          (B) that was produced using materials that have been mailed,
        shipped, or transported in interstate or foreign commerce by
        any means, including by computer; or
          (C) which distribution, offer, sending, or provision is
        accomplished using the mails or by transmitting or causing to
        be transmitted any wire communication in interstate or foreign
        commerce, including by computer,

      for purposes of inducing or persuading a minor to participate in
      any activity that is illegal.(!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.
      (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.)


-MISC1-
                                AMENDMENTS                            
      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.


-End-



-CITE-
    18 USC Sec. 2252B                                           01/03/2007

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

-HEAD-
    Sec. 2252B. Misleading domain names on the Internet

-STATUTE-
      (a) Whoever knowingly uses a misleading domain name on the
    Internet with the intent to deceive a person into viewing material
    constituting obscenity shall be fined under this title or
    imprisoned not more than 2 years, or both.
      (b) Whoever knowingly uses a misleading domain name on the
    Internet with the intent to deceive a minor into viewing material
    that is harmful to minors on the Internet shall be fined under this
    title or imprisoned not more than 10 years, or both.
      (c) For the purposes of this section, a domain name that includes
    a word or words to indicate the sexual content of the site, such as
    "sex" or "porn", is not misleading.
      (d) For the purposes of this section, the term "material that is
    harmful to minors" means any communication, consisting of nudity,
    sex, or excretion, that, taken as a whole and with reference to its
    context - 
        (1) predominantly appeals to a prurient interest of minors;
        (2) is patently offensive to prevailing standards in the adult
      community as a whole with respect to what is suitable material
      for minors; and
        (3) lacks serious literary, artistic, political, or scientific
      value for minors.

      (e) For the purposes of subsection (d), the term "sex" means acts
    of masturbation, sexual intercourse, or physcial (!1) contact with
    a person's genitals, or the condition of human male or female
    genitals when in a state of sexual stimulation or arousal.


-SOURCE-
    (Added Pub. L. 108-21, title V, Sec. 521(a), Apr. 30, 2003, 117
    Stat. 686; amended Pub. L. 109-248, title II, Sec. 206(b)(4), July
    27, 2006, 120 Stat. 614.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-248 substituted "10 years" for "4
    years".

-FOOTNOTE-
    (!1) So in original. Probably should be "physical".


-End-



-CITE-
    18 USC Sec. 2252C                                           01/03/2007

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

-HEAD-
    Sec. 2252C. Misleading words or digital images on the Internet

-STATUTE-
      (a) In General. - Whoever knowingly embeds words or digital
    images into the source code of a website with the intent to deceive
    a person into viewing material constituting obscenity shall be
    fined under this title and imprisoned for not more than 10 years.
      (b) Minors. - Whoever knowingly embeds words or digital images
    into the source code of a website with the intent to deceive a
    minor into viewing material harmful to minors on the Internet shall
    be fined under this title and imprisoned for not more than 20
    years.
      (c) Construction. - For the purposes of this section, a word or
    digital image that clearly indicates the sexual content of the
    site, such as "sex" or "porn", is not misleading.
      (d) Definitions. - As used in this section - 
        (1) the terms "material that is harmful to minors" and "sex"
      have the meaning given such terms in section 2252B; and
        (2) the term "source code" means the combination of text and
      other characters comprising the content, both viewable and
      nonviewable, of a web page, including any website publishing
      language, programming language, protocol or functional content,
      as well as any successor languages or protocols.

-SOURCE-
    (Added Pub. L. 109-248, title VII, Sec. 703(a), July 27, 2006, 120
    Stat. 648.)

-End-



-CITE-
    18 USC Sec. 2253                                            01/03/2007

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

-HEAD-
    Sec. 2253. Criminal forfeiture

-STATUTE-
      (a) Property Subject to Criminal Forfeiture. - A person who is
    convicted of an offense under this chapter involving a visual
    depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of
    this chapter or who is convicted of an offense under section 2252B
    of this chapter,,(!1) or who is convicted of an offense under
    chapter 109A, shall forfeit to the United States such person's
    interest in - 

        (1) any visual depiction described in section 2251, 2251A, or
      2252 (!2) 2252A, 2252B, or 2260 of this chapter, or any book,
      magazine, periodical, film, videotape, or other matter which
      contains any such visual depiction, which was produced,
      transported, mailed, shipped or received in violation of this
      chapter;

        (2) any property, real or personal, constituting or traceable
      to gross profits or other proceeds obtained from such offense;
      and
        (3) any property, real or personal, used or intended to be used
      to commit or to promote the commission of such offense or any
      property traceable to such property.

      (b) Section 413 of the Controlled Substances Act (21 U.S.C. 853)
    with the exception of subsections (a) and (d), applies to the
    criminal forfeiture of property pursuant to subsection (a).

-SOURCE-
    (Added Pub. L. 98-292, Sec. 6, May 21, 1984, 98 Stat. 205; amended
    Pub. L. 100-690, title VII, Sec. 7522(c), Nov. 18, 1988, 102 Stat.
    4494; Pub. L. 101-647, title XXXV, Sec. 3564, Nov. 29, 1990, 104
    Stat. 4928; Pub. L. 103-322, title XXXIII, Sec. 330011(m)(1), Sept.
    13, 1994, 108 Stat. 2145; Pub. L. 105-314, title VI, Sec. 602, Oct.
    30, 1998, 112 Stat. 2982; Pub. L. 109-248, title V, Sec. 505(b),
    (c), July 27, 2006, 120 Stat. 630.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2253 was redesignated section 2256 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-248, Sec. 505(b)(1), inserted "or
    who is convicted of an offense under section 2252B of this
    chapter," after "2260 of this chapter" and substituted "an offense
    under chapter 109A" for "an offense under section 2421, 2422, or
    2423 of chapter 117" in introductory provisions.
      Subsec. (a)(1). Pub. L. 109-248, Sec. 505(b)(2), inserted "2252A,
    2252B, or 2260" after "2252".
      Subsec. (a)(3). Pub. L. 109-248, Sec. 505(b)(3), inserted "or any
    property traceable to such property" before period at end.
      Subsecs. (b) to (o). Pub. L. 109-248, Sec. 505(c), added subsec.
    (b) and struck out former subsecs. (b) to (o) which related,
    respectively, to third party transfers, protective orders, warrant
    of seizure, order of forfeiture, execution of order, disposition of
    property, authority of Attorney General, applicability of civil
    forfeiture provisions, bar on intervention, jurisdiction to enter
    orders, depositions, third party interests, construction of
    section, and substitute assets.
      1998 - Subsec. (a). Pub. L. 105-314 substituted "2252, 2252A, or
    2260 of this chapter, or who is convicted of an offense under
    section 2421, 2422, or 2423 of chapter 117," for "or 2252 of this
    chapter".
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 330011(m)(1), amended
    directory language of Pub. L. 101-647, Sec. 3564(1). See 1990
    Amendment note below.
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 3564(1), as amended by
    Pub. L. 103-322, Sec. 330011(m)(1), substituted "section 2251" for
    "sections 2251" in introductory provisions and in par. (1).
      Subsec. (h)(4). Pub. L. 101-647, Sec. 3564(2), substituted "under
    section 616 of the Tariff Act of 1930" for "in accordance with the
    provisions of section 1616, title 19, United States Code".
      1988 - Pub. L. 100-690 amended section generally, substituting
    subsecs. (a) to (o) for former subsecs. (a) to (d).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 330011(m) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of Nov. 29, 1990.

-FOOTNOTE-
    (!1) So in original. The extra comma probably should follow "2260 of
         this chapter".

    (!2) So in original. Probably should be "2251A, 2252,".


-End-



-CITE-
    18 USC Sec. 2254                                            01/03/2007

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

-HEAD-
    Sec. 2254. Civil forfeiture

-STATUTE-
      Any property subject to forfeiture pursuant to section 2253 may
    be forfeited to the United States in a civil case in accordance
    with the procedures set forth in chapter 46.

-SOURCE-
    (Added Pub. L. 98-292, Sec. 6, May 21, 1984, 98 Stat. 205; amended
    Pub. L. 99-500, Sec. 101(m) [title II, Sec. 201(a), (c)], Oct. 18,
    1986, 100 Stat. 1783-308, 1783-314, and Pub. L. 99-591, Sec. 101(m)
    [title II, Sec. 201(a), (c)], Oct. 30, 1986, 100 Stat. 3341-308,
    3341-314; Pub. L. 100-690, title VII, Sec. 7522(c), Nov. 18, 1988,
    102 Stat. 4498; Pub. L. 101-647, title XX, Sec. 2003, title XXXV,
    Sec. 3565, Nov. 29, 1990, 104 Stat. 4855, 4928; Pub. L. 103-322,
    title XXXIII, Sec. 330011(m)(2), Sept. 13, 1994, 108 Stat. 2145;
    Pub. L. 105-314, title VI, Sec. 603, Oct. 30, 1998, 112 Stat. 2982;
    Pub. L. 106-185, Sec. 2(c)(4), Apr. 25, 2000, 114 Stat. 211; Pub.
    L. 107-273, div. B, title IV, Sec. 4003(a)(6), Nov. 2, 2002, 116
    Stat. 1811; Pub. L. 109-248, title V, Sec. 505(d), July 27, 2006,
    120 Stat. 630.)

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


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-248 amended section generally. Prior to
    amendment, section related to civil forfeiture of certain types of
    property described in this chapter and laws applicable to civil
    forfeiture proceedings.
      2002 - Subsec. (a)(3). Pub. L. 107-273 struck out comma before
    period at end.
      2000 - Subsec. (a)(2), (3). Pub. L. 106-185 struck out before
    period at end ", except that no property shall be forfeited under
    this paragraph, to the extent of the interest of an owner, by
    reason of any act or omission established by that owner to have
    been committed or omitted without the knowledge or consent of that
    owner".
      1998 - Subsec. (a)(2). Pub. L. 105-314, Sec. 603(1), substituted
    "2252, 2252A, or 2260 of this chapter, or used or intended to be
    used to commit or to promote the commission of an offense under
    section 2421, 2422, or 2423 of chapter 117," for "or 2252 of this
    chapter".
      Subsec. (a)(3). Pub. L. 105-314, Sec. 603(2), substituted "2252,
    2252A, or 2260 of this chapter, or obtained from a violation of
    section 2421, 2422, or 2423 of chapter 117," for "or 2252 of this
    chapter".
      1994 - Subsec. (f). Pub. L. 103-322, Sec. 330011(m)(2), amended
    directory language of Pub. L. 101-647, Sec. 3565(3)(A). See 1990
    Amendment note below.
      1990 - Subsec. (a)(1) to (3). Pub. L. 101-647, Sec. 3565(1),
    substituted "section 2251" for "sections 2251".
      Subsec. (e). Pub. L. 101-647, Sec. 3565(2), inserted heading.
      Subsec. (f). Pub. L. 101-647, Sec. 3565(3)(A), as amended by Pub.
    L. 103-322, Sec. 330011(m)(2), substituted "section" for
    "subchapter" after "forfeited under this" in two places in
    concluding provisions.
      Subsec. (f)(1). Pub. L. 101-647, Sec. 3565(3)(B), substituted
    "under section 616 of the Tariff Act of 1930" for "pursuant to
    section 1616 of title 19".
      Subsec. (f)(2). Pub. L. 101-647, Sec. 2003, inserted ", by public
    sale or any other commercially feasible means," after "sell".
      1988 - Pub. L. 100-690 amended section generally, substituting
    subsecs. (a) to (i) for former subsecs. (a) to (d).
      1986 - Pub. L. 99-500 and Pub. L. 99-591 amended section
    identically, inserting ", and any property, real or personal,
    tangible or intangible, which was used or intended to be used, in
    any manner or part, to facilitate a violation of this chapter" in
    subsec. (a)(1), substituting "Attorney General or the Postal
    Service" for "Attorney General" in subsec. (b), and adding subsecs.
    (c) and (d).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-185 applicable to any forfeiture
    proceeding commenced on or after the date that is 120 days after
    Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
    under section 1324 of Title 8, Aliens and Nationality.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 330011(m) of Pub. L. 103-322 provided that the amendment
    made by that section is effective as of Nov. 29, 1990.

-End-



-CITE-
    18 USC Sec. 2255                                            01/03/2007

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

-HEAD-
    Sec. 2255. Civil remedy for personal injuries

-STATUTE-
      (a) In General. - Any person who, while a minor, was a victim of
    a violation of section 2241(c), 2242, 2243, 2251, 2251A, 2252,
    2252A, 2260, 2421, 2422, or 2423 of this title and who suffers
    personal injury as a result of such violation, regardless of
    whether the injury occurred while such person was a minor, may sue
    in any appropriate United States District Court and shall recover
    the actual damages such person sustains and the cost of the suit,
    including a reasonable attorney's fee. Any person as described in
    the preceding sentence shall be deemed to have sustained damages of
    no less than $150,000 in value.
      (b) Statute of Limitations. - Any action commenced under this
    section shall be barred unless the complaint is filed within six
    years after the right of action first accrues or in the case of a
    person under a legal disability, not later than three years after
    the disability.

-SOURCE-
    (Added Pub. L. 99-500, Sec. 101(b) [title VII, Sec. 703(a)], Oct.
    18, 1986, 100 Stat. 1783-39, 1783-74, and Pub. L. 99-591, Sec.
    101(b) [title VII, Sec. 703(a)], Oct. 30, 1986, 100 Stat. 3341-39,
    3341-74; amended Pub. L. 105-314, title VI, Sec. 605, Oct. 30,
    1998, 112 Stat. 2984; Pub. L. 109-248, title VII, Sec. 707(b), (c),
    July 27, 2006, 120 Stat. 650.)

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


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2255 was renumbered section 2256 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-248, Sec. 707(b), inserted
    heading, inserted ", regardless of whether the injury occurred
    while such person was a minor," after "such violation", and
    substituted "Any person who, while a minor, was" for "Any minor who
    is", "such person" for "such minor", "Any person as described" for
    "Any minor as described", and "$150,000" for "$50,000".
      Subsec. (b). Pub. L. 109-248, Sec. 707(c), inserted heading.
      1998 - Subsec. (a). Pub. L. 105-314 substituted "2241(c), 2242,
    2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423" for
    "2251 or 2252".

-End-



-CITE-
    18 USC Sec. 2256                                            01/03/2007

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

-HEAD-
    Sec. 2256. Definitions for chapter

-STATUTE-
      For the purposes of this chapter, the term - 
        (1) "minor" means any person under the age of eighteen years;
        (2)(A) Except as provided in subparagraph (B), "sexually
      explicit conduct" means actual or simulated - 
          (i) sexual intercourse, including genital-genital, oral-
        genital, anal-genital, or oral-anal, whether between persons
        of the same or opposite sex;
          (ii) bestiality;
          (iii) masturbation;
          (iv) sadistic or masochistic abuse; or
          (v) lascivious exhibition of the genitals or pubic area of
        any person;

        (B) For purposes of subsection 8(B) (!1) of this section,
      "sexually explicit conduct" means - 

          (i) graphic sexual intercourse, including genital-genital,
        oral-genital, anal-genital, or oral-anal, whether between
        persons of the same or opposite sex, or lascivious simulated
        sexual intercourse where the genitals, breast, or pubic area of
        any person is exhibited;
          (ii) graphic or lascivious simulated;
            (I) bestiality;
            (II) masturbation; or
            (III) sadistic or masochistic abuse; or

          (iii) graphic or simulated lascivious exhibition of the
        genitals or pubic area of any person;

        (3) "producing" means producing, directing, manufacturing,
      issuing, publishing, or advertising;
        (4) "organization" means a person other than an individual;
        (5) "visual depiction" includes undeveloped film and videotape,
      and data stored on computer disk or by electronic means which is
      capable of conversion into a visual image;
        (6) "computer" has the meaning given that term in section 1030
      of this title;
        (7) "custody or control" includes temporary supervision over or
      responsibility for a minor whether legally or illegally obtained;
        (8) "child pornography" means any visual depiction, including
      any photograph, film, video, picture, or computer or computer-
      generated image or picture, whether made or produced by
      electronic, mechanical, or other means, of sexually explicit
      conduct, where - 
          (A) the production of such visual depiction involves the use
        of a minor engaging in sexually explicit conduct;
          (B) such visual depiction is a digital image, computer image,
        or computer-generated image that is, or is indistinguishable
        from, that of a minor engaging in sexually explicit conduct; or
          (C) such visual depiction has been created, adapted, or
        modified to appear that an identifiable minor is engaging in
        sexually explicit conduct.

        (9) "identifiable minor" - 
          (A) means a person - 
            (i)(I) who was a minor at the time the visual depiction was
          created, adapted, or modified; or
            (II) whose image as a minor was used in creating, adapting,
          or modifying the visual depiction; and
            (ii) who is recognizable as an actual person by the
          person's face, likeness, or other distinguishing
          characteristic, such as a unique birthmark or other
          recognizable feature; and

          (B) shall not be construed to require proof of the actual
        identity of the identifiable minor.

        (10) "graphic", when used with respect to a depiction of
      sexually explicit conduct, means that a viewer can observe any
      part of the genitals or pubic area of any depicted person or
      animal during any part of the time that the sexually explicit
      conduct is being depicted; and
        (11) the term "indistinguishable" used with respect to a
      depiction, means virtually indistinguishable, in that the
      depiction is such that an ordinary person viewing the depiction
      would conclude that the depiction is of an actual minor engaged
      in sexually explicit conduct. This definition does not apply to
      depictions that are drawings, cartoons, sculptures, or paintings
      depicting minors or adults.

-SOURCE-
    (Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 8, Sec.
    2253; renumbered Sec. 2255 and amended Pub. L. 98-292, Sec. 5, May
    21, 1984, 98 Stat. 205; renumbered Sec. 2256, Pub. L. 99-500, Sec.
    101(b) [title VII, Sec. 703(a)], Oct. 18, 1986, 100 Stat. 1783-39,
    1783-74, and Pub. L. 99-591, Sec. 101(b) [title VII, Sec. 703(a)],
    Oct. 30, 1986, 100 Stat. 3341-39, 3341-74; Pub. L. 99-628, Sec. 4,
    Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100-690, title VII, Secs.
    7511(c), 7512(b), Nov. 18, 1988, 102 Stat. 4485, 4486; Pub. L. 104-
    208, div. A, title I, Sec. 101(a) [title I, Sec. 121[2]], Sept.
    30, 1996, 110 Stat. 3009, 3009-26, 3009-27; Pub. L. 108-21, title
    V, Sec. 502(a)-(c), Apr. 30, 2003, 117 Stat. 678, 679.)

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


-MISC1-
                                AMENDMENTS                            
      2003 - Par. (2). Pub. L. 108-21, Sec. 502(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows:
      "(2) 'sexually explicit conduct' means actual or simulated - 
        "(A) sexual intercourse, including genital-genital, oral-
      genital, anal-genital, or oral-anal, whether between persons of
      the same or opposite sex;
        "(B) bestiality;
        "(C) masturbation;
        "(D) sadistic or masochistic abuse; or
        "(E) lascivious exhibition of the genitals or pubic area of any
      person;".
      Par. (8)(B). Pub. L. 108-21, Sec. 502(a)(1), amended subpar. (B)
    generally. Prior to amendment, subpar. (B) read as follows: "such
    visual depiction is, or appears to be, of a minor engaging in
    sexually explicit conduct;".
      Par. (8)(C). Pub. L. 108-21, Sec. 502(a)(2), substituted a period
    for "; or" at end.
      Par. (8)(D). Pub. L. 108-21, Sec. 502(a)(3), struck out subpar.
    (D) which read as follows: "such visual depiction is advertised,
    promoted, presented, described, or distributed in such a manner
    that conveys the impression that the material is or contains a
    visual depiction of a minor engaging in sexually explicit conduct;
    and".
      Pars. (10), (11). Pub. L. 108-21, Sec. 502(c), added pars. (10)
    and (11).
      1996 - Par. (5). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    121[2(1)]], inserted ", and data stored on computer disk or by
    electronic means which is capable of conversion into a visual
    image" before semicolon at end.
      Pars. (8), (9). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    121[2(2)-(4)]], added pars. (8) and (9).
      1988 - Par. (6). Pub. L. 100-690, Sec. 7511(c), added par. (6).
      Par. (7). Pub. L. 100-690, Sec. 7512(b), added par. (7).
      1986 - Pub. L. 99-500 and Pub. L. 99-591 renumbered section 2255
    of this title as this section.
      Par. (5). Pub. L. 99-628, which directed that par. (5) be added
    to section 2255 of this title, was executed by adding par. (5) to
    section 2256 of this title to reflect the probable intent of
    Congress and the renumbering of section 2255 as 2256 by Pub. L. 99-
    500 and Pub. L. 99-591.
      1984 - Pub. L. 98-292, Sec. 5(b), renumbered section 2253 of this
    title as this section.
      Par. (1). Pub. L. 98-292, Sec. 5(a)(1), substituted "eighteen"
    for "sixteen".
      Par. (2)(D). Pub. L. 98-292, Sec. 5(a)(2), (3), substituted
    "sadistic or masochistic" for "sado-masochistic" and struck out
    "(for the purpose of sexual stimulation)" after "abuse".
      Par. (2)(E). Pub. L. 98-292, Sec. 5(a)(4), substituted
    "lascivious" for "lewd".
      Par. (3). Pub. L. 98-292, Sec. 5(a)(5), struck out ", for
    pecuniary profit" after "advertising".
      Par. (4). Pub. L. 98-292, Sec. 5(a)(6), substituted "
    'organization' means a person other than an individual" for "
    'visual or print medium' means any film, photograph, negative,
    slide, book, magazine, or other visual or print medium".

     CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND
                            2256 OF THIS TITLE
      For provisions declaring and confirming intent of Congress in
    enacting this section, see section 160003(a) of Pub. L. 103-322,
    set out as a note under section 2252 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "(8)(B)".


-End-



-CITE-
    18 USC Sec. 2257                                            01/03/2007

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

-HEAD-
    Sec. 2257. Record keeping requirements

-STATUTE-
      (a) Whoever produces any book, magazine, periodical, film,
    videotape, digital image, digitally- or computer-manipulated image
    of an actual human being, picture, or other matter which - 
        (1) contains one or more visual depictions made after November
      1, 1990 of actual sexually explicit conduct; and
        (2) is produced in whole or in part with materials which have
      been mailed or shipped in interstate or foreign commerce, or is
      shipped or transported or is intended for shipment or
      transportation in interstate or foreign commerce;

    shall create and maintain individually identifiable records
    pertaining to every performer portrayed in such a visual depiction.
      (b) Any person to whom subsection (a) applies shall, with respect
    to every performer portrayed in a visual depiction of actual
    sexually explicit conduct - 
        (1) ascertain, by examination of an identification document
      containing such information, the performer's name and date of
      birth, and require the performer to provide such other indicia of
      his or her identity as may be prescribed by regulations;
        (2) ascertain any name, other than the performer's present and
      correct name, ever used by the performer including maiden name,
      alias, nickname, stage, or professional name; and
        (3) record in the records required by subsection (a) the
      information required by paragraphs (1) and (2) of this subsection
      and such other identifying information as may be prescribed by
      regulation.

      (c) Any person to whom subsection (a) applies shall maintain the
    records required by this section at his business premises, or at
    such other place as the Attorney General may by regulation
    prescribe and shall make such records available to the Attorney
    General for inspection at all reasonable times.
      (d)(1) No information or evidence obtained from records required
    to be created or maintained by this section shall, except as
    provided in this section, directly or indirectly, be used as
    evidence against any person with respect to any violation of law.
      (2) Paragraph (1) of this subsection shall not preclude the use
    of such information or evidence in a prosecution or other action
    for a violation of this chapter or chapter 71, or for a violation
    of any applicable provision of law with respect to the furnishing
    of false information.
      (e)(1) Any person to whom subsection (a) applies shall cause to
    be affixed to every copy of any matter described in paragraph (1)
    of subsection (a) of this section, in such manner and in such form
    as the Attorney General shall by regulations prescribe, a statement
    describing where the records required by this section with respect
    to all performers depicted in that copy of the matter may be
    located. In this paragraph, the term "copy" includes every page of
    a website on which matter described in subsection (a) appears.
      (2) If the person to whom subsection (a) of this section applies
    is an organization the statement required by this subsection shall
    include the name, title, and business address of the individual
    employed by such organization responsible for maintaining the
    records required by this section.
      (f) It shall be unlawful - 
        (1) for any person to whom subsection (a) applies to fail to
      create or maintain the records as required by subsections (a) and
      (c) or by any regulation promulgated under this section;
        (2) for any person to whom subsection (a) applies knowingly to
      make any false entry in or knowingly to fail to make an
      appropriate entry in, any record required by subsection (b) of
      this section or any regulation promulgated under this section;
        (3) for any person to whom subsection (a) applies knowingly to
      fail to comply with the provisions of subsection (e) or any
      regulation promulgated pursuant to that subsection;
        (4) for any person knowingly to sell or otherwise transfer, or
      offer for sale or transfer, any book, magazine, periodical, film,
      video, or other matter, produce in whole or in part with
      materials which have been mailed or shipped in interstate or
      foreign commerce or which is intended for shipment in interstate
      or foreign commerce, which - 
          (A) contains one or more visual depictions made after the
        effective date of this subsection of actual sexually explicit
        conduct; and
          (B) is produced in whole or in part with materials which have
        been mailed or shipped in interstate or foreign commerce, or is
        shipped or transported or is intended for shipment or
        transportation in interstate or foreign commerce;

      which does not have affixed thereto, in a manner prescribed as
      set forth in subsection (e)(1), a statement describing where the
      records required by this section may be located, but such person
      shall have no duty to determine the accuracy of the contents of
      the statement or the records required to be kept; and
        (5) for any person to whom subsection (a) applies to refuse to
      permit the Attorney General or his or her designee to conduct an
      inspection under subsection (c).

      (g) The Attorney General shall issue appropriate regulations to
    carry out this section.
      (h) In this section - 
        (1) the term "actual sexually explicit conduct" means actual
      but not simulated conduct as defined in clauses (i) through (v)
      of section 2256(2)(A) of this title;
        (2) the term "produces" - 
          (A) means - 
            (i) actually filming, videotaping, photographing, creating
          a picture, digital image, or digitally- or computer-
          manipulated image of an actual human being;
            (ii) digitizing an image, of a visual depiction of sexually
          explicit conduct; or, assembling, manufacturing, publishing,
          duplicating, reproducing, or reissuing a book, magazine,
          periodical, film, videotape, digital image, or picture, or
          other matter intended for commercial distribution, that
          contains a visual depiction of sexually explicit conduct; or
            (iii) inserting on a computer site or service a digital
          image of, or otherwise managing the sexually explicit
          content,(!1) of a computer site or service that contains a
          visual depiction of, sexually explicit conduct; and


          (B) does not include activities that are limited to - 
            (i) photo or film processing, including digitization of
          previously existing visual depictions, as part of a
          commercial enterprise, with no other commercial interest in
          the sexually explicit material, printing, and video
          duplication;
            (ii) distribution;
            (iii) any activity, other than those activities identified
          in subparagraph (A), that does not involve the hiring,
          contracting for, managing, or otherwise arranging for the
          participation of the depicted performers;
            (iv) the provision of a telecommunications service, or of
          an Internet access service or Internet information location
          tool (as those terms are defined in section 231 of the
          Communications Act of 1934 (47 U.S.C. 231)); or
            (v) the transmission, storage, retrieval, hosting,
          formatting, or translation (or any combination thereof) of a
          communication, without selection or alteration of the content
          of the communication, except that deletion of a particular
          communication or material made by another person in a manner
          consistent with section 230(c) of the Communications Act of
          1934 (47 U.S.C. 230(c)) shall not constitute such selection
          or alteration of the content of the communication; and

        (3) the term "performer" includes any person portrayed in a
      visual depiction engaging in, or assisting another person to
      engage in, sexually explicit conduct.

      (i) Whoever violates this section shall be imprisoned for not
    more than 5 years, and fined in accordance with the provisions of
    this title, or both. Whoever violates this section after having
    been convicted of a violation punishable under this section shall
    be imprisoned for any period of years not more than 10 years but
    not less than 2 years, and fined in accordance with the provisions
    of this title, or both.

-SOURCE-
    (Added Pub. L. 100-690, title VII, Sec. 7513(a), Nov. 18, 1988, 102
    Stat. 4487; amended Pub. L. 101-647, title III, Secs. 301(b), 311,
    Nov. 29, 1990, 104 Stat. 4816; Pub. L. 103-322, title XXXIII, Sec.
    330004(14), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 108-21, title
    V, Sec. 511(a), Apr. 30, 2003, 117 Stat. 684; Pub. L. 109-248,
    title V, Sec. 502(a), July 27, 2006, 120 Stat. 625.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of this subsection, referred to in subsec.
    (f)(4)(A), see section 312 of Pub. L. 101-647, set out as an
    Effective Date of 1990 Amendment note below.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-248, Sec. 502(a)(1), inserted
    "digital image, digitally- or computer-manipulated image of an
    actual human being, picture," after "videotape,".
      Subsec. (e)(1). Pub. L. 109-248, Sec. 502(a)(2), inserted at end
    "In this paragraph, the term 'copy' includes every page of a
    website on which matter described in subsection (a) appears."
      Subsec. (f)(5). Pub. L. 109-248, Sec. 502(a)(3), added par. (5).
      Subsec. (h). Pub. L. 109-248, Sec. 502(a)(4), added subsec. (h)
    and struck out former subsec. (h) which defined "actual sexually
    explicit conduct", "identification document", "produces", and
    "performer".
      2003 - Subsec. (d)(2). Pub. L. 108-21, Sec. 511(a)(1),
    substituted "of this chapter or chapter 71," for "of this section".
      Subsec. (h)(3). Pub. L. 108-21, Sec. 511(a)(2), inserted ",
    computer generated image, digital image, or picture," after "video
    tape".
      Subsec. (i). Pub. L. 108-21, Sec. 511(a)(3), substituted "not
    more than 5 years" for "not more than 2 years" and "10 years" for
    "5 years".
      1994 - Subsecs. (f), (g). Pub. L. 103-322 struck out subsecs. (f)
    and (g) as enacted by Pub. L. 100-690. Subsec. (f) authorized
    Attorney General to issue regulations to carry out this section and
    subsec. (g) defined "actual sexually explicit conduct",
    "identification document", "produces", and "performer".
      1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 301(b), substituted
    "November 1, 1990" for "February 6, 1978".
      Subsec. (d). Pub. L. 101-647, Sec. 311, substituted pars. (1) and
    (2) for former pars. (1) and (2) which were substantially the same
    and struck out par. (3) which read as follows: "In a prosecution of
    any person to whom subsection (a) applies for an offense in
    violation of subsection 2251(a) of this title which has as an
    element the production of a visual depiction of a minor engaging in
    or assisting another person to engage in sexually explicit conduct
    and in which that element is sought to be established by showing
    that a performer within the meaning of this section is a minor - 
        "(A) proof that the person failed to comply with the provisions
      of subsection (a) or (b) of this section concerning the creation
      and maintenance of records, or a regulation issued pursuant
      thereto, shall raise a rebuttable presumption that such performer
      was a minor; and
        "(B) proof that the person failed to comply with the provisions
      of subsection (e) of this section concerning the statement
      required by that subsection shall raise the rebuttable
      presumption that every performer in the matter was a minor."
      Subsec. (e). Pub. L. 101-647, Sec. 311, substituted pars. (1) and
    (2) for former pars. (1) and (2) which were substantially the same
    and struck out par. (3) which read as follows: "In any prosecution
    of a person for an offense in violation of section 2252 of this
    title which has as an element the transporting, mailing, or
    distribution of a visual depiction involving the use of a minor
    engaging in sexually explicit conduct, and in which that element is
    sought to be established by a showing that a performer within the
    meaning of this section is a minor, proof that the matter in which
    the visual depiction is contained did not contain the statement
    required by this section shall raise a rebuttable presumption that
    such performer was a minor."
      Subsec. (f). Pub. L. 101-647, Sec. 311, added subsec. (f)
    relating to unlawful acts and omissions.
      Subsec. (g). Pub. L. 101-647, Sec. 311, added subsec. (g)
    relating to issuance of regulations.
      Subsecs. (h), (i). Pub. L. 101-647, Sec. 311, added subsecs. (h)
    and (i).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 312 of title III of Pub. L. 101-647 provided that:
    "Subsections (d), (f), (g), (h), and (i) of section 2257 of title
    18, United States Code, as added by this title shall take effect 90
    days after the date of the enactment of this Act [Nov. 29, 1990]
    except - 
        "(1) the Attorney General shall prepare the initial set of
      regulations required or authorized by subsections (d), (f), (g),
      (h), and (i) of section 2257 within 60 days of the date of the
      enactment of this Act; and
        "(2) subsection (e) of section 2257 and of any regulation
      issued pursuant thereto shall take effect 90 days after the date
      of the enactment of this Act."

                              EFFECTIVE DATE                          
      Section 7513(c) of Pub. L. 100-690 provided that: "Section 2257
    of title 18, United States Code, as added by this section shall
    take effect 180 days after the date of the enactment of this Act
    [Nov. 18, 1988] except - 
        "(1) the Attorney General shall prepare the initial set of
      regulations required or authorized by section 2257 within 90 days
      of the date of the enactment of this Act; and
        "(2) subsection (e) of section 2257 of such title and of any
      regulation issued pursuant thereto shall take effect 270 days
      after the date of the enactment of this Act."

                               CONSTRUCTION                           
      Pub. L. 109-248, title V, Sec. 502(b), July 27, 2006, 120 Stat.
    626, provided that: "The provisions of section 2257 [of title 18,
    United States Code] shall not apply to any depiction of actual
    sexually explicit conduct as described in clause (v) of section
    2256(2)(A) of title 18, United States Code, produced in whole or in
    part, prior to the effective date of this section [July 27, 2006]
    unless that depiction also includes actual sexually explicit
    conduct as described in clauses (i) through (iv) of section
    2256(2)(A) of title 18, United States Code."

                                  REPORT                              
      Pub. L. 108-21, title V, Sec. 511(b), Apr. 30, 2003, 117 Stat.
    685, provided that, not later than 1 year after Apr. 30, 2003, the
    Attorney General was to submit to Congress a report detailing the
    number of times since January 1993 that the Department of Justice
    had inspected records pursuant to this section and section 75 of
    title 28 of the Code of Federal Regulations, and the number of
    violations prosecuted as a result of those inspections.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    18 USC Sec. 2257A                                           01/03/2007

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

-HEAD-
    Sec. 2257A. Record keeping requirements for simulated sexual
      conduct

-STATUTE-
      (a) Whoever produces any book, magazine, periodical, film,
    videotape, digital image, digitally- or computer-manipulated image
    of an actual human being, picture, or other matter that - 
        (1) contains 1 or more visual depictions of simulated sexually
      explicit conduct; and
        (2) is produced in whole or in part with materials which have
      been mailed or shipped in interstate or foreign commerce, or is
      shipped or transported or is intended for shipment or
      transportation in interstate or foreign commerce;

    shall create and maintain individually identifiable records
    pertaining to every performer portrayed in such a visual depiction.
      (b) Any person to whom subsection (a) applies shall, with respect
    to every performer portrayed in a visual depiction of simulated
    sexually explicit conduct - 
        (1) ascertain, by examination of an identification document
      containing such information, the performer's name and date of
      birth, and require the performer to provide such other indicia of
      his or her identity as may be prescribed by regulations;
        (2) ascertain any name, other than the performer's present and
      correct name, ever used by the performer including maiden name,
      alias, nickname, stage, or professional name; and
        (3) record in the records required by subsection (a) the
      information required by paragraphs (1) and (2) and such other
      identifying information as may be prescribed by regulation.

      (c) Any person to whom subsection (a) applies shall maintain the
    records required by this section at their business premises, or at
    such other place as the Attorney General may by regulation
    prescribe and shall make such records available to the Attorney
    General for inspection at all reasonable times.
      (d)(1) No information or evidence obtained from records required
    to be created or maintained by this section shall, except as
    provided in this section, directly or indirectly, be used as
    evidence against any person with respect to any violation of law.
      (2) Paragraph (1) shall not preclude the use of such information
    or evidence in a prosecution or other action for a violation of
    this chapter or chapter 71, or for a violation of any applicable
    provision of law with respect to the furnishing of false
    information.
      (e)(1) Any person to whom subsection (a) applies shall cause to
    be affixed to every copy of any matter described in subsection
    (a)(1) in such manner and in such form as the Attorney General
    shall by regulations prescribe, a statement describing where the
    records required by this section with respect to all performers
    depicted in that copy of the matter may be located. In this
    paragraph, the term "copy" includes every page of a website on
    which matter described in subsection (a) appears.
      (2) If the person to whom subsection (a) applies is an
    organization the statement required by this subsection shall
    include the name, title, and business address of the individual
    employed by such organization responsible for maintaining the
    records required by this section.
      (f) It shall be unlawful - 
        (1) for any person to whom subsection (a) applies to fail to
      create or maintain the records as required by subsections (a) and
      (c) or by any regulation promulgated under this section;
        (2) for any person to whom subsection (a) applies knowingly to
      make any false entry in or knowingly to fail to make an
      appropriate entry in, any record required by subsection (b) or
      any regulation promulgated under this section;
        (3) for any person to whom subsection (a) applies knowingly to
      fail to comply with the provisions of subsection (e) or any
      regulation promulgated pursuant to that subsection; or
        (4) for any person knowingly to sell or otherwise transfer, or
      offer for sale or transfer, any book, magazine, periodical, film,
      video, or other matter, produced in whole or in part with
      materials which have been mailed or shipped in interstate or
      foreign commerce or which is intended for shipment in interstate
      or foreign commerce, that - 
          (A) contains 1 or more visual depictions made after the date
        of enactment of this subsection of simulated sexually explicit
        conduct; and
          (B) is produced in whole or in part with materials which have
        been mailed or shipped in interstate or foreign commerce, or is
        shipped or transported or is intended for shipment or
        transportation in interstate or foreign commerce;

      which does not have affixed thereto, in a manner prescribed as
      set forth in subsection (e)(1), a statement describing where the
      records required by this section may be located, but such person
      shall have no duty to determine the accuracy of the contents of
      the statement or the records required to be kept.
        (5) for any person to whom subsection (a) applies to refuse to
      permit the Attorney General or his or her designee to conduct an
      inspection under subsection (c).

      (g) As used in this section, the terms "produces" and "performer"
    have the same meaning as in section 2257(h) of this title.
      (h)(1) The provisions of this section and section 2257 shall not
    apply to matter, or any image therein, containing one or more
    visual depictions of simulated sexually explicit conduct, or actual
    sexually explicit conduct as described in clause (v) of section
    2256(2)(A), if such matter - 
        (A)(i) is intended for commercial distribution;
        (ii) is created as a part of a commercial enterprise by a
      person who certifies to the Attorney General that such person
      regularly and in the normal course of business collects and
      maintains individually identifiable information regarding all
      performers, including minor performers, employed by that person,
      pursuant to Federal and State tax, labor, and other laws, labor
      agreements, or otherwise pursuant to industry standards, where
      such information includes the name, address, and date of birth of
      the performer; and
        (iii) is not produced, marketed or made available by the person
      described in clause (ii) to another in circumstances such than
      (!1) an ordinary person would conclude that the matter contains a
      visual depiction that is child pornography as defined in section
      2256(8); or

        (B)(i) is subject to the authority and regulation of the
      Federal Communications Commission acting in its capacity to
      enforce section 1464 of this title, regarding the broadcast of
      obscene, indecent or profane programming; and
        (ii) is created as a part of a commercial enterprise by a
      person who certifies to the Attorney General that such person
      regularly and in the normal course of business collects and
      maintains individually identifiable information regarding all
      performers, including minor performers, employed by that person,
      pursuant to Federal and State tax, labor, and other laws, labor
      agreements, or otherwise pursuant to industry standards, where
      such information includes the name, address, and date of birth of
      the performer.

      (2) Nothing in subparagraphs (A) and (B) of paragraph (1) shall
    be construed to exempt any matter that contains any visual
    depiction that is child pornography, as defined in section 2256(8),
    or is actual sexually explicit conduct within the definitions in
    clauses (i) through (iv) of section 2256(2)(A).
      (i)(1) Whoever violates this section shall be imprisoned for not
    more than 1 year, and (!2) fined in accordance with the provisions
    of this title, or both.

      (2) Whoever violates this section in an effort to conceal a
    substantive offense involving the causing, transporting, permitting
    or offering or seeking by notice or advertisement, a minor to
    engage in sexually explicit conduct for the purpose of producing a
    visual depiction of such conduct in violation of this title, or to
    conceal a substantive offense that involved trafficking in material
    involving the sexual exploitation of a minor, including receiving,
    transporting, advertising, or possessing material involving the
    sexual exploitation of a minor with intent to traffic, in violation
    of this title, shall be imprisoned for not more than 5 years and
    (!2) fined in accordance with the provisions of this title, or
    both.
      (3) Whoever violates paragraph (2) after having been previously
    convicted of a violation punishable under that paragraph shall be
    imprisoned for any period of years not more than 10 years but not
    less than 2 years, and (!2) fined in accordance with the provisions
    of this title, or both.
      The (!3) provisions of this section shall not become effective
    until 90 days after the final regulations implementing this section
    are published in the Federal Register. The provisions of this
    section shall not apply to any matter, or image therein, produced,
    in whole or in part, prior to the effective date of this section.

      (k) On an annual basis, the Attorney General shall submit a
    report to Congress - 
        (1) concerning the enforcement of this section and section 2257
      by the Department of Justice during the previous 12-month period;
      and
        (2) including - 
          (A) the number of inspections undertaken pursuant to this
        section and section 2257;
          (B) the number of open investigations pursuant to this
        section and section 2257;
          (C) the number of cases in which a person has been charged
        with a violation of this section and section 2257; and
          (D) for each case listed in response to subparagraph (C), the
        name of the lead defendant, the federal district in which the
        case was brought, the court tracking number, and a synopsis of
        the violation and its disposition, if any, including
        settlements, sentences, recoveries and penalties.

-SOURCE-
    (Added Pub. L. 109-248, title V, Sec. 503(a), July 27, 2006, 120
    Stat. 626.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection and the effective date
    of this section, referred to in subsec. (f)(4)(A) and par.
    following subsec. (i)(3), mean the date of enactment of Pub. L. 109-
    248, which was approved July 27, 2006.

-FOOTNOTE-
    (!1) So in original. Probably should be "that".

    (!2) So in original.

    (!3) So in original. Probably should be "(j) The".


-End-



-CITE-
    18 USC Sec. 2258                                            01/03/2007

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

-HEAD-
    Sec. 2258. Failure to report child abuse

-STATUTE-
      A person who, while engaged in a professional capacity or
    activity described in subsection (b) of section 226 of the Victims
    of Child Abuse Act of 1990 on Federal land or in a federally
    operated (or contracted) facility, learns of facts that give reason
    to suspect that a child has suffered an incident of child abuse, as
    defined in subsection (c) of that section, and fails to make a
    timely report as required by subsection (a) of that section, shall
    be fined under this title or imprisoned not more than 1 year or
    both.

-SOURCE-
    (Added Pub. L. 101-647, title II, Sec. 226(g)(1), Nov. 29, 1990,
    104 Stat. 4808; amended Pub. L. 109-248, title II, Sec. 209, July
    27, 2006, 120 Stat. 615.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 226 of the Victims of Child Abuse Act of 1990, referred
    to in text, is classified to section 13031 of Title 42, The Public
    Health and Welfare.

-COD-
                               CODIFICATION                           
      Another section 2258 was renumbered section 2260 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-248 substituted "fined under this title or
    imprisoned not more than 1 year or both" for "guilty of a Class B
    misdemeanor".

-End-



-CITE-
    18 USC Sec. 2259                                            01/03/2007

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

-HEAD-
    Sec. 2259. Mandatory restitution

-STATUTE-
      (a) In General. - Notwithstanding section 3663 or 3663A, and in
    addition to any other civil or criminal penalty authorized by law,
    the court shall order restitution for any offense under this
    chapter.
      (b) Scope and Nature of Order. - 
        (1) Directions. - The order of restitution under this section
      shall direct the defendant to pay the victim (through the
      appropriate court mechanism) the full amount of the victim's
      losses as determined by the court pursuant to paragraph (2).
        (2) Enforcement. - An order of restitution under this section
      shall be issued and enforced in accordance with section 3664 in
      the same manner as an order under section 3663A.
        (3) Definition. - For purposes of this subsection, the term
      "full amount of the victim's losses" includes any costs incurred
      by the victim for - 
          (A) medical services relating to physical, psychiatric, or
        psychological care;
          (B) physical and occupational therapy or rehabilitation;
          (C) necessary transportation, temporary housing, and child
        care expenses;
          (D) lost income;
          (E) attorneys' fees, as well as other costs incurred; and
          (F) any other losses suffered by the victim as a proximate
        result of the offense.

        (4) Order mandatory. - (A) The issuance of a restitution order
      under this section is mandatory.
        (B) A court may not decline to issue an order under this
      section because of - 
          (i) the economic circumstances of the defendant; or
          (ii) the fact that a victim has, or is entitled to, receive
        compensation for his or her injuries from the proceeds of
        insurance or any other source.

      (c) Definition. - For purposes of this section, the term "victim"
    means the individual harmed as a result of a commission of a crime
    under this chapter, including, in the case of a victim who is under
    18 years of age, incompetent, incapacitated, or deceased, the legal
    guardian of the victim or representative of the victim's estate,
    another family member, or any other person appointed as suitable by
    the court, but in no event shall the defendant be named as such
    representative or guardian.

-SOURCE-
    (Added Pub. L. 103-322, title IV, Sec. 40113(b)(1), Sept. 13, 1994,
    108 Stat. 1907; amended Pub. L. 104-132, title II, Sec. 205(c),
    Apr. 24, 1996, 110 Stat. 1231.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(c)(1), inserted "or
    3663A" after "3663".
      Subsec. (b)(1). Pub. L. 104-132, Sec. 205(c)(2)(A), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "The order of restitution under
    this section shall direct that - 
        "(A) the defendant pay to the victim (through the appropriate
      court mechanism) the full amount of the victim's losses as
      determined by the court, pursuant to paragraph (3); and
        "(B) the United States Attorney enforce the restitution order
      by all available and reasonable means."
      Subsec. (b)(2). Pub. L. 104-132, Sec. 205(c)(2)(B), struck out
    "by victim" after "Enforcement" in heading and amended text
    generally. Prior to amendment, text read as follows: "An order of
    restitution may also be enforced by a victim named in the order to
    receive the restitution in the same manner as a judgment in a civil
    action."
      Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(c)(2)(C),
    struck out subpars. (C) and (D), which related to court's
    consideration of economic circumstances of defendant in determining
    schedule of payment of restitution orders, and court's entry of
    nominal restitution awards where economic circumstances of
    defendant do not allow for payment of restitution, respectively.
      Subsec. (b)(5) to (10). Pub. L. 104-132, Sec. 205(c)(2)(D),
    struck out pars. (5) to (10), which related, respectively, to more
    than 1 offender, more than 1 victim, payment schedule, setoff,
    effect on other sources of compensation, and condition of probation
    or supervised release.
      Subsec. (c). Pub. L. 104-132, Sec. 205(c)(3), (4), redesignated
    subsec. (f) as (c) and struck out former subsec. (c) relating to
    proof of claim.
      Subsecs. (d), (e). Pub. L. 104-132, Sec. 205(c)(3), struck out
    subsecs. (d) and (e) which read as follows:
      "(d) Modification of Order. - A victim or the offender may
    petition the court at any time to modify a restitution order as
    appropriate in view of a change in the economic circumstances of
    the offender.
      "(e) Reference to Magistrate or Special Master. - The court may
    refer any issue arising in connection with a proposed order of
    restitution to a magistrate or special master for proposed findings
    of fact and recommendations as to disposition, subject to a de novo
    determination of the issue by the court."
      Subsec. (f). Pub. L. 104-132, Sec. 205(c)(4), redesignated
    subsec. (f) as (c).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-132 effective, to extent
    constitutionally permissible, for sentencing proceedings in cases
    in which defendant is convicted on or after Apr. 24, 1996, see
    section 211 of Pub. L. 104-132, set out as a note under section
    2248 of this title.

-End-



-CITE-
    18 USC Sec. 2260                                            01/03/2007

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

-HEAD-
    Sec. 2260. Production of sexually explicit depictions of a minor
      for importation into the United States

-STATUTE-
      (a) Use of Minor. - A person who, outside the United States,
    employs, uses, persuades, induces, entices, or coerces any minor to
    engage in, or who has a minor assist any other person to engage in,
    or who transports any minor with the intent that the minor engage
    in any sexually explicit conduct for the purpose of producing any
    visual depiction of such conduct, intending that the visual
    depiction will be imported into the United States or into waters
    within 12 miles of the coast of the United States, shall be
    punished as provided in subsection (c).
      (b) Use of Visual Depiction. - A person who, outside the United
    States, knowingly receives, transports, ships, distributes, sells,
    or possesses with intent to transport, ship, sell, or distribute
    any visual depiction of a minor engaging in sexually explicit
    conduct (if the production of the visual depiction involved the use
    of a minor engaging in sexually explicit conduct), intending that
    the visual depiction will be imported into the United States or
    into waters within a distance of 12 miles of the coast of the
    United States, shall be punished as provided in subsection (c).
      (c) Penalties. - 
        (1) A person who violates subsection (a), or attempts or
      conspires to do so, shall be subject to the penalties provided in
      subsection (e) of section 2251 for a violation of that section,
      including the penalties provided for such a violation by a person
      with a prior conviction or convictions as described in that
      subsection.
        (2) A person who violates subsection (b), or attempts or
      conspires to do so, shall be subject to the penalties provided in
      subsection (b)(1) of section 2252 for a violation of paragraph
      (1), (2), or (3) of subsection (a) of that section, including the
      penalties provided for such a violation by a person with a prior
      conviction or convictions as described in subsection (b)(1) of
      section 2252.

-SOURCE-
    (Added Pub. L. 103-322, title XVI, Sec. 160001(a), Sept. 13, 1994,
    108 Stat. 2036, Sec. 2258; renumbered Sec. 2260, Pub. L. 104-294,
    title VI, Sec. 601(i)(1), Oct. 11, 1996, 110 Stat. 3501; amended
    Pub. L. 109-248, title II, Sec. 206(b)(5), July 27, 2006, 120 Stat.
    614.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-248 amended subsec. (c)
    generally. Prior to amendment, text read as follows: "A person who
    violates subsection (a) or (b), or conspires or attempts to do so -
    
        "(1) shall be fined under this title, imprisoned not more than
      10 years, or both; and
        "(2) if the person has a prior conviction under this chapter or
      chapter 109A, shall be fined under this title, imprisoned not
      more than 20 years, or both."
      1996 - Pub. L. 104-294 renumbered section 2258, relating to
    production of sexually explicit depictions of minor, as this
    section.

-End-



-CITE-
    18 USC Sec. 2260A                                           01/03/2007

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

-HEAD-
    Sec. 2260A. Penalties for registered sex offenders

-STATUTE-
      Whoever, being required by Federal or other law to register as a
    sex offender, commits a felony offense involving a minor under
    section 1201, 1466A, 1470, 1591, 2241, 2242, 2243, 2244, 2245,
    2251, 2251A, 2260, 2421, 2422, 2423, or 2425, shall be sentenced to
    a term of imprisonment of 10 years in addition to the imprisonment
    imposed for the offense under that provision. The sentence imposed
    under this section shall be consecutive to any sentence imposed for
    the offense under that provision.

-SOURCE-
    (Added Pub. L. 109-248, title VII, Sec. 702(a), July 27, 2006, 120
    Stat. 648.)

-End-