‘‘CHAPTER 5—OTHER GENERAL 
PROVISIONS 
‘‘Subchapter 
‘‘A. Defenses 
‘‘B. General rules pertaining to criminal offenses 
‘‘SUBCHAPTER A—DEFENSES 
‘‘Sec. 
‘‘21. Affirmative defenses. 
‘‘22. Insanity defense. 
‘‘§ 21. Affirmative defenses 
‘‘If a provision of law provides an affirmative defense 
to a prosecution for an offense, the defendant must prove 
the elements of that defense by a preponderance of the 
evidence. 
‘‘§ 22. Insanity defense 
‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense to a prosecution under any Federal statute that, 
at the time of the commission of the acts constituting the 
offense, the defendant, as a result of a severe mental dis-
ease or defect, was unable to appreciate the nature and 
quality or the wrongfulness of his acts. Mental disease or 
defect does not otherwise constitute a defense. 
‘‘(b) BURDEN OF PROOF.—The defendant has the 
burden of proving the defense of insanity by clear and con-
vincing evidence. 
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‘‘SUBCHAPTER B—GENERAL RULES 
PERTAINING TO CRIMINAL OFFENSES 
‘‘Sec. 
‘‘31. Non-preemption. 
‘‘§ 31. Non-preemption 
‘‘The existence of a Federal criminal offense does not 
preclude the application of a State or local law to the con-
duct proscribed by the offense, unless the law specifically 
so provides or the State or local law requires conduct con-
stituting the Federal criminal offense. 
‘‘§ 32. Extraterritorial jurisdiction over derivative of-
fenses 
‘‘If extraterritorial jurisdiction exists for an offense 
defined by a provision of law, then extraterritorial jurisdic-
tion also exists for any offense arising under chapter 3 
as a result of conduct with respect the offense so defined. 
‘‘CHAPTER 10—VIOLENT CRIMES AGAINST 
PERSONS 
‘‘Subchapter 
‘‘A. Homicide 
‘‘B. Assault and related offenses 
‘‘C. Kidnapping 
‘‘D. Threats against specially protected persons 
‘‘E. Definitions and general provisions for subchapters A through D 
‘‘F. Robbery, extortion, and threats 
‘‘G. Extortionate credit transactions 
‘‘H. Domestic violence 
‘‘I. Protection of unborn children 
‘‘SUBCHAPTER A—HOMICIDE 
‘‘Sec. 
‘‘101. Homicide. 
‘‘102. Federally punishable homicides. 
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‘‘103. Penalties for murders punishable under section 102; attempts. 
‘‘104. Penalties for manslaughters punishable under section 102; attempts. 
‘‘105. Misconduct or neglect of ship officers. 
‘‘§ 101. Homicide 
‘‘Unless otherwise provided by Act of Congress, if a 
Federal law makes the killing of a human being an of-
fense, the following categories shall apply with respect to 
that offense: 
‘‘(1) MURDER.— 
‘‘(A) ELEMENTS OF OFFENSE.—Murder is the 
unlawful killing of a human being with malice 
aforethought. Every murder perpetrated by poison, 
lying in wait, or any other kind of willful, deliberate, 
malicious, and premeditated killing; or committed in 
the perpetration of, or attempt to perpetrate, any 
arson, escape, murder, kidnapping, treason, espio-
nage, sabotage, aggravated sexual abuse or sexual 
abuse, child abuse, burglary, or robbery; or per-
petrated as part of a pattern or practice of assault 
or torture against a child or children; or perpetrated 
from a premeditated design unlawfully and mali-
ciously to effect the death of any human being other 
than him who is killed, is murder in the first degree. 
Any other murder is murder in the second degree. 
‘‘(B) DEFINITIONS.—In this paragraph— 
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‘‘(i) the term ‘assault’ means conduct that 
consists of an assault as described in section 
111; 
‘‘(ii) the term ‘child’ means a child who is 
under the perpetrator’s care or control or at 
least six years younger than the perpetrator; 
‘‘(iii) the term ‘child abuse’ means inten-
tionally causing death or serious bodily injury 
to a child; 
‘‘(iv) the term ‘pattern or practice of as-
sault or torture’ means assault or torture en-
gaged in on at least two occasions; and 
‘‘(v) the term ‘torture’ means conduct, 
whether or not committed under the color of 
law, that otherwise satisfies the definition of 
that term set forth in section 1292. 
‘‘(2) MANSLAUGHTER.—Manslaughter is the unlaw-
ful killing of a human being without malice. It is of two 
kinds: 
‘‘(A) VOLUNTARY.—Upon a sudden quarrel or 
heat of passion. 
‘‘(B) INVOLUNTARY.—In the commission of an 
unlawful act not amounting to a felony, or in the 
commission in an unlawful manner, or without due 
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caution and circumspection, of a lawful act which 
might produce death. 
‘‘§ 102. Federally punishable homicides 
‘‘In addition to any other homicides made punishable 
by law, the following are Federal offenses: 
‘‘(1) SPECIAL MARITIME AND TERRITORIAL JU-
RISDICTION.—A killing of an individual in the spe-
cial maritime and territorial jurisdiction of the 
United States. 
‘‘(2) OFFICERS AND EMPLOYEES AND FORMER 
OFFICERS
AND
EMPLOYEES
OF
THE
UNITED 
STATES.—A killing of any officer or employee, or 
any former officer or employee, of the United States 
or of any agency in any branch of the United States 
Government (including any member of the uni-
formed services) while such officer or employee is en-
gaged in or on account of the performance of official 
duties, or any individual assisting such an officer or 
employee in the performance of such duties or on ac-
count of that assistance. 
‘‘(3) FAMILY MEMBERS OF OFFICERS AND EM-
PLOYEES AND FORMER OFFICERS AND EMPLOYEES 
OF THE UNITED STATES.—A killing, with the intent 
to impede, intimidate, or interfere with an individual 
described in paragraph (2) while that individual is 
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engaged in the performance of official duties, or 
with intent to retaliate against such individual on 
account of the performance of official duties of that 
individual, of a member of that individual’s family. 
‘‘(4) FOREIGN
OFFICIALS, OFFICIAL
GUESTS, 
AND
INTERNATIONALLY
PROTECTED
PERSONS.—A 
killing of a foreign official, official guest, or inter-
nationally protected person. 
‘‘(5) KILLINGS BY ESCAPED PRISONER.—A kill-
ing by an individual who has escaped from a Federal 
correctional institution where the individual was con-
fined under a sentence for a term of life imprison-
ment. 
‘‘(6) CONGRESSIONAL, CABINET, AND SUPREME 
COURT ASSASSINATION.—A killing of an individual 
who is a Member of Congress or a Member-of-Con-
gress-elect, a member of the executive branch of the 
Government who is the head, or a person nominated 
to be head during the pendency of such nomination, 
of a department listed in section 101 of title 5 or 
the second ranking official in such department, the 
Director (or a person nominated to be Director dur-
ing the pendency of such nomination) or Deputy Di-
rector of Central Intelligence, or a Justice of the 
United States, as defined in section 451 of title 28, 
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‘‘(9) KILLINGS BY PRISONER.—A killing of an 
individual by a person confined under a sentence of 
life imprisonment in a Federal correctional facility. 
‘‘§ 103. Penalties for murders punishable under sec-
tion 102; attempts 
‘‘(a) MURDER.—A murder that is an offense under 
section 102 is punishable by— 
‘‘(1) death or imprisonment for life for first de-
gree murder; and 
‘‘(2) imprisonment for any term of years or for 
life for second degree murder. 
‘‘(b) ATTEMPTED MURDER.— 
‘‘(1) GENERALLY.—Except as provided in para-
graph (2), whoever attempts to commit a murder 
that is an offense under section 102 shall be impris-
oned not more than 20 years. 
‘‘(2) SPECIAL
RULE
RELATING
TO
CONGRES-
SIONAL, CABINET, AND SUPREME COURT ASSASSINA-
TIONS
AND
PRESIDENTIAL
AND
PRESIDENTIAL 
STAFF ASSASSINATIONS.—If the offense attempted is 
against an individual described in paragraph (6) or 
(7) of section 102, the penalty is imprisonment for 
any term of years or for life. 
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‘‘§ 104. Penalties for manslaughters punishable under 
section 102; attempts 
‘‘(a) PENALTY
FOR
MANSLAUGHTER.—A man-
slaughter that is an offense under section 102 is punish-
able by— 
‘‘(1) imprisonment for not more than ten years, 
for voluntary manslaughter; and 
‘‘(2) imprisonment for not more than six years, 
for involuntary manslaughter. 
‘‘(b) ATTEMPTED MANSLAUGHTER.—Whoever at-
tempts to commit a manslaughter that would be punish-
able under section 102 shall be imprisoned not more than 
7 years. 
‘‘§ 105. Misconduct or neglect of ship officers 
‘‘(a) OFFICERS.—Every captain, engineer, pilot, or 
other person employed on any steamboat or vessel, by 
whose misconduct, negligence, or inattention to his duties 
on such vessel the life of any person is destroyed, and 
every owner, charterer, inspector, or other public officer, 
through whose fraud, neglect, connivance, misconduct, or 
violation of law the life of any person is destroyed, shall 
be imprisoned not more than ten years. 
‘‘(b) OWNERS.—When the owner or charterer of any 
steamboat or vessel is a corporation, any executive officer 
of such corporation, for the time being actually charged 
with the control and management of the operation, equip-
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ment, or navigation of such steamboat or vessel, who has 
knowingly caused or allowed such fraud, neglect, conniv-
ance, misconduct, or knowing violation of law, by which 
the life of any person is destroyed, shall be imprisoned 
not more than ten years. 
‘‘SUBCHAPTER B—ASSAULT AND RELATED 
OFFENSES 
‘‘Sec. 
‘‘111. Assault. 
‘‘112. Individuals federally protected from assault. 
‘‘113. Interference with Federal officers and employees. 
‘‘114. Domestic assault by an habitual offender. 
‘‘§ 111. Assault 
‘‘Unless otherwise provided by Act of Congress, if a 
Federal law prohibits an assault against an individual, the 
following punishments shall apply with respect to that of-
fense: 
‘‘(1) Assault with intent to commit murder, a 
felony under subchapter (A) of chapter 10, or with 
intent to maim, disfigure, or torture, by imprison-
ment for not more than 20 years. 
‘‘(2) Assault with intent to commit any felony, 
except murder or a felony under subchapter (A) of 
chapter 10, by imprisonment for not more than ten 
years. 
‘‘(3) Assault with a dangerous weapon, with in-
tent to do bodily harm, and without just cause or ex-
cuse, by imprisonment for not more than ten years. 
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‘‘(4) Assault resulting in serious bodily injury, 
by imprisonment for not more than ten years. 
‘‘(5) Assault resulting in substantial bodily in-
jury to an individual who has not attained the age 
of 16 years, by imprisonment for not more than 5 
years. 
‘‘(6) Assault by striking, beating, or wounding, 
by imprisonment for not more than six months. 
‘‘(7) Simple assault, by imprisonment for not 
more than six months, or if the victim of the assault 
is an individual who has not attained the age of 16 
years, by imprisonment for not more than 1 year. 
‘‘§ 112. Individuals federally protected from assault 
‘‘It is an offense to assault any individual whose kill-
ing is a Federal offense under paragraph (1), (2), (3), (4), 
(6), or (7) of section 102. 
‘‘§ 113. Interference with Federal officers and em-
ployees 
‘‘Whoever interferes with any officer or employee of 
the United States or of any agency in any branch of the 
United States Government (including any member of the 
uniformed services) while such officer or employee is en-
gaged in or on account of the performance of official du-
ties, or any individual assisting such an officer or em-
ployee in the performance of such duties or on account 
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of that assistance while that person is engaged in, or on 
account of, the performance, official duties shall be impris-
oned not more than one year. 
‘‘§ 114. Domestic assault by an habitual offender 
‘‘(a) IN GENERAL.—Whoever commits a domestic as-
sault within the special maritime and territorial jurisdic-
tion of the United States or Indian country and who has 
a final conviction on at least 2 separate prior occasions 
in Federal, State, or Indian tribal court proceedings for 
offenses that would be, if subject to Federal jurisdiction— 
‘‘(1) any assault, sexual abuse, or serious vio-
lent felony against a spouse or intimate partner; or 
‘‘(2) an offense under section 161, 
shall be imprisoned for a term of not more than 5 years, 
but if substantial bodily injury results from the offense 
under this section, the offender shall be imprisoned for 
a term of not more than 10 years. 
‘‘(b) DOMESTIC ASSAULT DEFINED.—In this section, 
the term ‘domestic assault’ means an assault committed 
by a current or former spouse, parent, child, or guardian 
of the victim, by a person with whom the victim shares 
a child in common, by a person who is cohabitating with 
or has cohabitated with the victim as a spouse, parent, 
child, or guardian, or by a person similarly situated to a 
spouse, parent, child, or guardian of the victim. 
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‘‘SUBCHAPTER C—KIDNAPPING 
‘‘Sec. 
‘‘121. Kidnapping. 
‘‘122. Ransom money. 
‘‘123. Hostage taking. 
‘‘124. International parental kidnapping. 
‘‘§ 121. Kidnapping 
‘‘(a) BASIC OFFENSE.—Except in the case of a child 
by the parent thereof, whoever, as made applicable by sub-
section (b), kidnaps an individual shall be imprisoned for 
any term of years or for life and, if death results to any 
individual, shall be punished by death or life imprison-
ment. 
‘‘(b) CIRCUMSTANCES REQUIRED.—Subsection (a) 
applies if— 
‘‘(1) the victim is transported in interstate or 
foreign commerce; 
‘‘(2) the victim’s body is transported in inter-
state or foreign commerce and the victim was alive 
when the transportation began; 
‘‘(3) the offender travels in interstate or foreign 
commerce or uses the mail or any means, facility, or 
instrumentality of interstate or foreign commerce in 
committing or in furtherance of the commission of 
the offense; or 
‘‘(4) the victim is an individual whose killing is 
a Federal offense under paragraph (1), (2), (4), (6), 
or (7) of section 102. 
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‘‘(c) PRESUMPTION.—With respect to a violation of 
subsection (a), based on the circumstance described in 
subsection (b)(1), the failure to release the victim within 
24 hours after the victim was kidnapped creates a rebutta-
ble presumption that the victim has been transported in 
interstate or foreign commerce. However, the fact that the 
presumption under this section has not yet taken effect 
does not preclude a Federal investigation of a possible vio-
lation of this section. 
‘‘(d) ATTEMPTS.—Whoever attempts to violate sub-
section (a) shall be punished by imprisonment for not 
more than 20 years but if the individual whose kidnapping 
was attempted is described in paragraph (6) or (7) of sec-
tion 102, the offender shall be imprisoned for any term 
of years or for life. 
‘‘(e) SPECIAL RULE FOR CERTAIN OFFENSES IN-
VOLVING CHILDREN.—If the victim of an offense under 
this section is a minor and the offender— 
‘‘(1) is not a minor; and 
‘‘(2) is not— 
‘‘(A) a parent; 
‘‘(B) a grandparent; 
‘‘(C) a brother; 
‘‘(D) a sister; 
‘‘(E) an aunt; 
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‘‘(F) an uncle; or 
‘‘(G) an individual having legal custody of 
the victim; 
the sentence under this section for such offense shall in-
clude imprisonment for not less than 20 years. 
‘‘(f) DEFINITION.—As used in this section, the term 
‘parent’ does not include a person whose parental rights 
with respect to the victim of an offense under this section 
have been terminated by a final court order. 
‘‘§ 122. Ransom money 
‘‘(a) FEDERAL.—Whoever receives, possesses, or dis-
poses of any money or other property, or any portion 
thereof, which has at any time been delivered as ransom 
or reward in connection with a violation of section 121, 
knowing it to be such, shall be imprisoned not more than 
ten years. 
‘‘(b) STATE.—Whoever transports, transmits, or 
transfers in interstate or foreign commerce any proceeds 
of a kidnapping punishable under State law by imprison-
ment for more than 1 year, or receives, possesses, con-
ceals, or disposes of any such proceeds after they have 
crossed a State or United States boundary, knowing the 
proceeds to have been unlawfully obtained, shall be impris-
oned not more than 10 years. 
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‘‘§ 123. Hostage taking 
‘‘(a) OFFENSE.—Except as provided in subsection (b) 
of this section, whoever, whether inside or outside the 
United States, seizes or detains and threatens to kill, to 
injure, or to continue to detain another person in order 
to compel a third person or a governmental organization 
to do or abstain from doing any act as an explicit or im-
plicit condition for the release of the person detained shall 
be punished by imprisonment for any term of years or for 
life and, if the death of any person results, shall be pun-
ished by death or life imprisonment. 
‘‘(b) EXCLUSIONS.— 
‘‘(1) It is not an offense under this section if 
the conduct required for the offense occurred outside 
the United States unless— 
‘‘(A) the offender or the person seized or 
detained is a national of the United States; 
‘‘(B) the offender is found in the United 
States; or 
‘‘(C) the governmental organization sought 
to be compelled is the Government of the 
United States. 
‘‘(2) It is not an offense under this section if 
the conduct required for the offense occurred inside 
the United States, each alleged offender and each 
person seized or detained are nationals of the United 
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States, and each alleged offender is found in the 
United States, unless the governmental organization 
sought to be compelled is the Government of the 
United States. 
‘‘§ 124. International parental kidnapping 
‘‘(a) OFFENSE.—Whoever removes a child from the 
United States, or attempts to do so, or retains a child 
(who has been in the United States) outside the United 
States with intent to obstruct the lawful exercise of paren-
tal rights shall be imprisoned not more than 3 years. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘child’ means a person who has 
not attained the age of 16 years; and 
‘‘(2) the term ‘parental rights’, with respect to 
a child, means the right to physical custody of the 
child— 
‘‘(A) whether joint or sole (and includes 
visiting rights); and 
‘‘(B) whether arising by operation of law, 
court order, or legally binding agreement of the 
parties. 
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense under this section that— 
‘‘(1) the defendant acted within the provisions 
of a valid court order granting the defendant legal 
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custody or visitation rights and that order was ob-
tained pursuant to the Uniform Child Custody Ju-
risdiction Act or the Uniform Child Custody Juris-
diction and Enforcement Act and was in effect at 
the time of the offense; 
‘‘(2) the defendant was fleeing an incidence or 
pattern of domestic violence; or 
‘‘(3) the defendant had physical custody of the 
child pursuant to a court order granting legal cus-
tody or visitation rights and failed to return the 
child as a result of circumstances beyond the defend-
ant’s control, and the defendant notified or made 
reasonable attempts to notify the other parent or 
lawful custodian of the child of such circumstances 
within 24 hours after the visitation period had ex-
pired and returned the child as soon as possible. 
‘‘(d) EFFECT ON HAGUE CONVENTION.—This sec-
tion does not limit The Hague Convention on the Civil 
Aspects of International Parental Child Abduction, done 
at The Hague on October 25, 1980. 
‘‘SUBCHAPTER D—THREATS AGAINST 
SPECIALLY PROTECTED PERSONS 
‘‘Sec. 
‘‘131. Threats against officers or employees of the United States, and other spe-
cially protected persons. 
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‘‘§ 131. Threats against officers or employees of the 
United States, and other specially pro-
tected persons 
‘‘Whoever threatens to kill, kidnap, or inflict bodily 
harm upon— 
‘‘(1) an individual described in paragraph (2) or 
(3) of section 102 on account of the performance of 
official duties; 
‘‘(2) an individual described in paragraph (4), 
(6), or (7) of section 102; 
‘‘(3) a former President of the United States; 
‘‘(4) a member of the immediate family of the 
President, the President-elect, the Vice President, or 
the Vice President-elect; 
‘‘(5) a major candidate for the office of Presi-
dent or Vice President, or a member of the imme-
diate family of such candidate; or 
‘‘(6) a person protected by the Secret Service 
under section 3056(a)(6); 
shall be imprisoned for not more than 10 years. 
‘‘SUBCHAPTER E—DEFINITIONS AND GENERAL 
PROVISIONS FOR SUBCHAPTERS A THROUGH D 
‘‘Sec. 
‘‘136. Definitions for subchapters A through D. 
‘‘137. Special rules relating to offenses against certain types of victims. 
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‘‘§ 136. Definitions for subchapters A through D 
‘‘Unless otherwise provided, in subchapters A 
through D, the following definitions apply: 
‘‘(1) The term ‘family’, with respect to an indi-
vidual, means— 
‘‘(A) a spouse, parent, brother or sister, 
child, or person to whom the individual stands 
in loco parentis; or 
‘‘(B) any other person living in the individ-
ual’s household and related to the individual by 
blood or marriage. 
‘‘(2) The term ‘foreign government’ means the 
government of a foreign country, irrespective of rec-
ognition by the United States. 
‘‘(3) The term ‘foreign official’ means— 
‘‘(A) a Chief of State or the political equiv-
alent, President, Vice President, Prime Min-
ister, Ambassador, Foreign Minister, or other 
officer of Cabinet rank or above of a foreign 
government or the chief executive officer of an 
international organization, or any person who 
has previously served in such capacity, and any 
member of his family, while in the United 
States; or 
‘‘(B) any person of a foreign nationality 
who is duly notified to the United States as an 
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officer or employee of a foreign government or 
international organization, and who is in the 
United States on official business, and any 
member of that person’s family whose presence 
in the United States is in connection with the 
presence of such officer or employee. 
‘‘(4) The term ‘internationally protected person’ 
means an individual who is— 
‘‘(A) a Chief of State or the political equiv-
alent, head of government, or Foreign Minister 
whenever such person is in a country other than 
his own and any member of that individual’s 
family accompanying that individual; or 
‘‘(B) any other representative, officer, em-
ployee, or agent of the United States Govern-
ment, a foreign government, or international or-
ganization who at the time and place concerned 
is entitled pursuant to international law to spe-
cial protection against attack upon his person, 
freedom, or dignity, and any member of that in-
dividual’s family then forming part of his 
household. 
‘‘(5) The term ‘international organization’ 
means a public international organization designated 
as such pursuant to section 1 of the International 
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Organizations Immunities Act or a public organiza-
tion created pursuant to treaty or other agreement 
under international law as an instrument through or 
by which two or more foreign governments engage in 
some aspect of their conduct of international affairs. 
‘‘(6) The term ‘official guest’ means a citizen or 
national of a foreign country present in the United 
States as an official guest of the Government of the 
United States pursuant to designation as such by 
the Secretary of State. 
‘‘(7) The terms ‘President-elect’ and ‘Vice 
President-elect’ mean those persons who are the ap-
parently successful candidates for the offices of 
President and Vice President, respectively, as 
ascertained from the result of the general elections 
held to determine the electors of President and Vice 
President under sections 1 and 2 of title 3. 
‘‘§ 137. Special rules relating to offenses against cer-
tain types of victims 
‘‘(a) EXTRATERRITORIAL JURISDICTION.— 
‘‘(1) PRESIDENTIAL AND CONGRESSIONAL VIC-
TIMS.—There is extraterritorial jurisdiction over an 
offense under any of subchapters A through D 
against a victim described in paragraph (6) or (7) 
of section 102. 
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‘‘(2) 
INTERNATIONALLY
PROTECTED
PER-
SONS.—There is extraterritorial jurisdiction over an 
offense under any of subchapters A through D the 
victim of which is an internationally protected per-
son outside the United States, if— 
‘‘(A) the victim is a representative, officer, 
employee, or agent of the United States; 
‘‘(B) an offender is a national of the 
United States; or 
‘‘(C) an offender is afterwards found in the 
United States. 
‘‘(b) USE OF MILITARY WITH RESPECT TO CERTAIN 
OFFENSES.—With respect to an offense under this chap-
ter, or an attempt or conspiracy to commit such an of-
fense, if an element of the offense is that the victim be 
individual described in paragraph (6) or (7) of section 
102, a foreign official, an internationally protected person, 
or an official guest, the Attorney General may request as-
sistance from any Federal, State, or local agency, includ-
ing the Army, Navy, and Air Force. 
‘‘(c) SPECIAL PROVISIONS RELATING TO OFFENSES 
INVOLVING
PRESIDENTIAL
OR
CONGRESSIONAL
VIC-
TIMS.—With respect to an offense under paragraph (6) 
or (7) of section 102— 
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‘‘(1) if Federal investigative or prosecutive ju-
risdiction is asserted, that assertion suspends the ex-
ercise of jurisdiction by a State or local authority, 
under any applicable State or local law, until Fed-
eral action is terminated; 
‘‘(2) the Federal Bureau of Investigation shall 
have investigative authority; and 
‘‘(3) in a prosecution, the Government need not 
prove that the defendant knew that the victim of the 
offense was an individual who is protected by that 
paragraph. 
‘‘(d) ACTIONS REQUIRED FOR CERTAIN HOMICIDE 
PROSECUTIONS.—No prosecution shall be undertaken for 
an offense under section 102(8) unless the named official 
takes one of the following actions: 
‘‘(1) In the case of any such prosecution, the 
Attorney General or the highest ranking subordinate 
of the Attorney General with responsibility for crimi-
nal prosecutions certifies that, in the judgment of 
the certifying official, such offense was intended to 
coerce, intimidate, or retaliate against a government 
or a civilian population. 
‘‘(2)(A) In the case of a killing by a national 
of the United States within the jurisdiction of an-
other country, the Attorney General, the Deputy At-
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torney General, or an Assistant Attorney General 
approves the prosecution, which function of approv-
ing prosecutions may not be delegated. 
‘‘(B) No prosecution shall be approved under 
this paragraph if prosecution has been previously 
undertaken by a foreign country for the same con-
duct. No prosecution shall be approved under this 
paragraph unless the Attorney General, in consulta-
tion with the Secretary of State, determines that the 
conduct took place in a country in which the person 
is no longer present, and the country lacks the abil-
ity to lawfully secure the person’s return. A deter-
mination by the Attorney General under this para-
graph is not subject to judicial review. 
‘‘SUBCHAPTER F—ROBBERY, EXTORTION, AND 
RELATED THREATS 
‘‘Sec. 
‘‘141. Robbery in special maritime and territorial jurisdiction. 
‘‘142. Robbery of personal property of United States. 
‘‘143. Bank robbery and incidental crimes. 
‘‘144. Communication of ransom demands and other threatening communica-
tions in or affecting commerce. 
‘‘145. Extortion by officers or employees of the United States. 
‘‘146. Receiving the proceeds of extortion. 
‘‘§ 141. Robbery in special maritime and territorial ju-
risdiction 
‘‘Whoever, within the special maritime and territorial 
jurisdiction of the United States, by force and violence, 
or by intimidation, takes or attempts to take from the per-
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son or presence of another anything of value, shall be im-
prisoned not more than 15 years. 
‘‘§ 142. Robbery of personal property of United States 
‘‘Whoever robs or attempts to rob another of any 
kind or description of personal property belonging to the 
United States, shall be imprisoned not more than 15 
years. 
‘‘§ 143. Bank robbery and incidental crimes 
‘‘(a) BANK ROBBERY.—Whoever— 
‘‘(1) by force and violence, or by intimidation, 
takes, or attempts to take, from the person or pres-
ence of another, or obtains or attempts to obtain by 
extortion any property or money or any other thing 
of value belonging to, or in the care, custody, con-
trol, management, or possession of, any bank, credit 
union, or any savings and loan association; or 
‘‘(2) enters or attempts to enter any bank, 
credit union, or any savings and loan association, or 
any building used in whole or in part as a bank, 
credit union, or as a savings and loan association, 
with intent to commit in such bank, credit union, or 
in such savings and loan association, or building, or 
part thereof, so used, any felony affecting such 
bank, credit union, or such savings and loan associa-
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tion and in violation of any statute of the United 
States, or any larceny; 
shall be imprisoned not more than 20 years. 
‘‘(b) THEFT
OF
PROPERTY
OVER
$1,000 
IN 
VALUE.—Whoever takes and carries away, with intent to 
steal or purloin any property or money or any other thing 
of value exceeding $1,000 belonging to, or in the care, cus-
tody, control, management, or possession of any bank, 
credit union, or any savings and loan association, shall be 
imprisoned not more than ten years. 
‘‘(c) THEFT OF PROPERTY OF $1,000 OR LESS IN 
VALUE.—Whoever takes and carries away, with intent to 
steal or purloin, any property or money or any other thing 
of value not exceeding $1,000 belonging to, or in the care, 
custody, control, management, or possession of any bank, 
credit union, or any savings and loan association, shall be 
imprisoned not more than one year. 
‘‘(c) RECEIVING STOLEN BANK PROPERTY.—Who-
ever receives, possesses, conceals, stores, barters, sells, or 
disposes of, any property or money or other thing of value 
which has been taken or stolen from a bank, credit union, 
or savings and loan association in violation of subsection 
(b) or (c), knowing the same to be property which has 
been stolen shall be subject to the punishment provided 
in subsection (b) or (c) for the taker. 
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‘‘(d) ASSAULTING PERSON
OR PLACING LIFE
IN 
JEOPARDY.—Whoever, in committing, or in attempting to 
commit, any offense defined in subsections (a) through (c), 
assaults any person, or puts in jeopardy the life of any 
person by the use of a dangerous weapon or device, shall 
be imprisoned not more than 25 years. 
‘‘(e) KILLING AND KIDNAPPING.—Whoever, in com-
mitting any offense defined in this section, or in avoiding 
or attempting to avoid apprehension for the commission 
of such offense, or in freeing himself or attempting to free 
himself from arrest or confinement for such offense, kills 
any person, or forces any person to accompany him with-
out the consent of such person, shall be imprisoned not 
less than ten years, or if death results shall be punished 
by death or life imprisonment. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘bank’ means any member bank 
of the Federal Reserve System, and any bank, bank-
ing association, trust company, savings bank, or 
other banking institution organized or operating 
under the laws of the United States, including a 
branch or agency of a foreign bank (as such terms 
are defined in paragraphs (1) and (3) of section 1(b) 
of the International Banking Act of 1978), and any 
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institution the deposits of which are insured by the 
Federal Deposit Insurance Corporation; 
‘‘(2) the term ‘credit union’ means any Federal 
credit union and any State-chartered credit union 
the accounts of which are insured by the National 
Credit Union Administration Board, and any ‘Fed-
eral credit union’ as defined in section 2 of the Fed-
eral Credit Union Act; 
‘‘(3) the term ‘State-chartered credit union’ in-
cludes a credit union chartered under the laws of a 
State; and 
‘‘(4) the term ‘savings and loan association’ 
means— 
‘‘(A) a Federal savings association or State 
savings association (as defined in section 3(b) 
of the Federal Deposit Insurance Act) having 
accounts insured by the Federal Deposit Insur-
ance Corporation; and 
‘‘(B) a corporation described in section 
3(b)(1)(C) of the Federal Deposit Insurance 
Act that is operating under the laws of the 
United States. 
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‘‘§ 144. Communication of ransom demands and other 
threatening communications in or affect-
ing commerce 
‘‘(a) KIDNAP RANSOM.—Whoever knowingly trans-
mits, in or affecting interstate or foreign commerce, any 
communication containing any demand or request for a 
ransom or reward for the release of any kidnapped person 
shall be imprisoned not more than 20 years. 
‘‘(b) THREATS TO KIDNAP OR INJURE.—Whoever, 
with intent to extort from any person any money or other 
thing of value, knowingly transmits, in or affecting inter-
state commerce, any communication containing any threat 
to kidnap any person or any threat to injure the person 
of another, shall be imprisoned not more than 20 years. 
‘‘(c) THREATS TO PROPERTY OR REPUTATION WITH 
INTENT
TO EXTORT.—Whoever, with intent to extort 
from any person any money or other thing of value, know-
ingly transmits, in or affecting interstate or foreign com-
merce, any communication containing any threat— 
‘‘(1) to injure the property or reputation of an-
other or the reputation of a deceased person; or 
‘‘(2) to accuse another of a crime; 
shall be imprisoned not more than 10 years. 
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‘‘§ 145. Extortion by officers or employees of the 
United States 
‘‘Whoever, being an officer, or employee of the United 
States or any department or agency thereof, or rep-
resenting oneself to be or assuming to act as such, under 
color or pretense of office or employment commits or at-
tempts an act of extortion, shall be imprisoned not more 
than three years; but if the amount so extorted or de-
manded does not exceed $1,000, the offender shall be im-
prisoned not more than one year. 
‘‘§ 146. Receiving the proceeds of extortion 
‘‘Whoever receives, possesses, conceals, or disposes of 
any money or other property which was obtained from the 
commission of any offense under this subchapter that is 
punishable by imprisonment for more than 1 year, know-
ing the same to have been unlawfully obtained, shall be 
imprisoned not more than 3 years. 
‘‘SUBCHAPTER G—EXTORTIONATE CREDIT 
TRANSACTIONS 
‘‘Sec. 
‘‘155. Making extortionate extensions of credit. 
‘‘156. Financing extortionate extensions of credit. 
‘‘157. Collection of extensions of credit by extortionate means. 
‘‘158. Definitions and rules of construction. 
‘‘§ 155. Making extortionate extensions of credit 
‘‘(a) OFFENSE.—Whoever makes any extortionate ex-
tension of credit shall be imprisoned not more than 20 
years. 
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‘‘(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE 
TRANSACTION.—In any prosecution under this section, if 
it is shown that all of the following factors were present 
in connection with the extension of credit in question, 
there is prima facie evidence that the extension of credit 
was extortionate: 
‘‘(1) The repayment of the extension of credit, 
or the performance of any promise given in consider-
ation thereof, would be unenforceable, through civil 
judicial processes against the debtor— 
‘‘(A) in the jurisdiction within which the 
debtor, if a natural person, resided; or 
‘‘(B) in every jurisdiction within which the 
debtor, if other than a natural person, was in-
corporated or qualified to do business at the 
time the extension of credit was made. 
‘‘(2) The extension of credit was made at a rate 
of interest in excess of an annual rate of 45 per cen-
tum calculated according to the actuarial method of 
allocating payments made on a debt between prin-
cipal and interest, pursuant to which a payment is 
applied first to the accumulated interest and the bal-
ance is applied to the unpaid principal. 
‘‘(3) At the time the extension of credit was 
made, the debtor reasonably believed that either— 
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‘‘(A) one or more extensions of credit by 
the creditor had been collected or attempted to 
be collected by extortionate means, or the non-
repayment thereof had been punished by extor-
tionate means; or 
‘‘(B) the creditor had a reputation for the 
use of extortionate means to collect extensions 
of credit or to punish the nonrepayment there-
of. 
‘‘(4) Upon the making of the extension of cred-
it, the total of the extensions of credit by the cred-
itor to the debtor then outstanding, including any 
unpaid interest or similar charges, exceeded $100. 
‘‘(c) REPUTATION EVIDENCE.—In any prosecution 
under this section, if evidence is introduced tending to 
show the existence of any of the circumstances described 
in subsection (b)(1) or (b)(2), and direct evidence of the 
actual belief of the debtor as to the creditor’s collection 
practices is not available, then for the purpose of showing 
the understanding of the debtor and the creditor at the 
time the extension of credit was made, the court may in 
its discretion allow evidence to be introduced tending to 
show the reputation as to collection practices of the cred-
itor in any community of which the debtor was a member 
at the time of the extension. 
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‘‘§ 156. Financing extortionate extensions of credit 
‘‘Whoever knowingly advances money or property, 
whether as a gift, as a loan, as an investment, pursuant 
to a partnership or profit-sharing agreement, or otherwise, 
to any person, with reason to believe that it is the inten-
tion of that person to use the money or property so ad-
vanced directly or indirectly for the purpose of making ex-
tortionate extensions of credit, shall be imprisoned not 
more than 20 years. 
‘‘§ 157. Collection of extensions of credit by extor-
tionate means 
‘‘Whoever knowingly uses any extortionate means— 
‘‘(1) to collect or attempt to collect any exten-
sion of credit; or 
‘‘(2) to punish any person for nonrepayment of 
an extension of credit; 
shall be imprisoned not more than 20 years. 
‘‘§ 158. Definitions and rules of construction 
‘‘As used in this subchapter: 
‘‘(1) To extend credit means to make or renew 
any loan, or to enter into any agreement, tacit or ex-
press, whereby the repayment or satisfaction of any 
debt or claim, whether acknowledged or disputed, 
valid or invalid, and however arising, may or will be 
deferred. 
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‘‘(2) The term ‘creditor’, with reference to any 
given extension of credit, refers to any person mak-
ing that extension of credit, or to any person claim-
ing by, under, or through any person making that 
extension of credit. 
‘‘(3) The term ‘debtor’, with reference to any 
given extension of credit, refers to any person to 
whom that extension of credit is made, or to any 
person who guarantees the repayment of that exten-
sion of credit, or in any manner undertakes to in-
demnify the creditor against loss resulting from the 
failure of any person to whom that extension of 
credit is made to repay the same. 
‘‘(4) The repayment of any extension of credit 
includes the repayment, satisfaction, or discharge in 
whole or in part of any debt or claim, acknowledged 
or disputed, valid or invalid, resulting from or in 
connection with that extension of credit. 
‘‘(5) To collect an extension of credit means to 
induce in any way any person to make repayment 
thereof. 
‘‘(6) An extortionate extension of credit is any 
extension of credit with respect to which it is the un-
derstanding of the creditor and the debtor at the 
time it is made that delay in making repayment or 
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failure to make repayment could result in the use of 
violence or other criminal means to cause harm to 
the person, reputation, or property of any person. 
‘‘(7) An extortionate means is any means which 
involves the use, or an express or implicit threat of 
use, of violence or other criminal means to cause 
harm to the person, reputation, or property of any 
person. 
‘‘(8) State law, including conflict of laws rules, 
governing the enforceability through civil judicial 
processes of repayment of any extension of credit or 
the performance of any promise given in consider-
ation thereof shall be judicially noticed. This para-
graph does not impair any authority which any court 
would otherwise have to take judicial notice of any 
matter of State law. 
‘‘SUBCHAPTER H—DOMESTIC VIOLENCE 
‘‘Sec. 
‘‘161. Interstate domestic violence; interstate stalking; interstate violations of 
custody orders. 
‘‘162. Pretrial release of defendant. 
‘‘163. Full faith and credit given to protection orders. 
‘‘164. Definitions. 
‘‘165. Repeat offenders. 
‘‘§ 161. Interstate domestic violence; interstate stalk-
ing; interstate violations of custody or-
ders 
‘‘(a) OFFENSES.—Whoever— 
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‘‘(1) travels in interstate or foreign commerce 
or enters or leaves Indian country or within the spe-
cial maritime and territorial jurisdiction of the 
United States with the intent to kill, injure, harass, 
or intimidate a spouse, intimate partner, or dating 
partner, and who, in the course of or as a result of 
such travel, commits or attempts to commit a crime 
of violence against that spouse, intimate partner, or 
dating partner; 
‘‘(2) causes a spouse, intimate partner, or dat-
ing partner to travel in interstate or foreign com-
merce or to enter or leave Indian country or within 
the special maritime and territorial jurisdiction of 
the United States by force, coercion, duress, or 
fraud, and who, in the course of, as a result of, or 
to facilitate such conduct or travel, commits or at-
tempts to commit a crime of violence against that 
spouse, intimate partner, or dating partner; 
‘‘(3) travels in interstate or foreign commerce 
or within the special maritime and territorial juris-
diction of the United States, or enters or leaves In-
dian country, with the intent to kill, injure, harass, 
or place under surveillance with intent to kill, injure, 
harass, or intimidate another person, and in the 
course of, or as a result of, such travel places that 
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emotional distress to that person or places that per-
son in reasonable fear of the death of, or serious 
bodily injury to, any of the persons described in 
clauses (i) through (iii) of subparagraph (B); 
‘‘(5) travels in interstate or foreign commerce, 
or enters or leaves Indian country, with the intent 
to engage in conduct that violates the portion of a 
protection order that prohibits or provides protection 
against violence, threats, or harassment against, 
contact or communication with, or physical prox-
imity to, another person, or that would violate such 
a portion of a protection order in the jurisdiction in 
which the order was issued, and subsequently en-
gages in such conduct; or 
‘‘(6) causes another person to travel in inter-
state or foreign commerce or to enter or leave In-
dian country by force, coercion, duress, or fraud, 
and in the course of, as a result of, or to facilitate 
such conduct or travel engages in conduct that vio-
lates the portion of a protection order that prohibits 
or provides protection against violence, threats, or 
harassment against, contact or communication with, 
or physical proximity to, another person, or that 
would violate such a portion of a protection order in 
the jurisdiction in which the order was issued; 
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shall be punished as provided in subsection (b). 
‘‘(b) PUNISHMENT.— 
‘‘(1) IN GENERAL.—Whoever violates subsection 
(a) shall be imprisoned— 
‘‘(A) for life or any term of years, if death 
of the victim results; 
‘‘(B) for not more than 20 years, if perma-
nent disfigurement or life threatening bodily in-
jury to the victim results; 
‘‘(C) for not more than 10 years, if serious 
bodily injury to the victim results or if the of-
fender uses a dangerous weapon during the of-
fense; 
‘‘(D) as provided for the applicable con-
duct under subchapter A of chapter 13, if the 
offense would constitute an offense under that 
subchapter if the offense had occurred within 
the special maritime and territorial jurisdiction 
of the United States; and 
‘‘(E) for not more than 5 years, in any 
other case. 
‘‘(2) SPECIAL
RULE.—Whoever violates para-
graph (3) or (4) of subsection (a) in violation of a 
temporary or permanent civil or criminal injunction, 
restraining order, no-contact order, or other order 
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described in section 164 shall be punished by impris-
onment for not less than 1 year. 
‘‘§ 162. Pretrial release of defendant 
‘‘In any proceeding pursuant to section 3142 for the 
purpose of determining whether a defendant charged 
under this subchapter shall be released pending trial, or 
for the purpose of determining conditions of such release, 
the alleged victim shall be given an opportunity to be 
heard regarding the danger posed by the defendant. 
‘‘§ 163. Full faith and credit given to protection or-
ders 
‘‘(a) FULL FAITH
AND CREDIT.—Any protection 
order issued that is consistent with subsection (b) of this 
section by the court of one State or Indian tribe (the 
issuing State or Indian tribe) shall be accorded full faith 
and credit by the court of another State or Indian tribe, 
(the enforcing State or Indian tribe) and enforced by the 
court and law enforcement personnel of the other State 
or Indian tribe as if it were the order of the enforcing 
State or Indian tribe. 
‘‘(b) PROTECTION
ORDER.—A protection order 
issued by a State, tribal, or territorial court is consistent 
with this subsection if— 
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‘‘(1) such court has jurisdiction over the parties 
and matter under the law of such State or Indian 
tribe; and 
‘‘(2) reasonable notice and opportunity to be 
heard is given to the person against whom the order 
is sought sufficient to protect that person’s right to 
due process; and in the case of ex parte orders, no-
tice and opportunity to be heard must be provided 
within the time required by State, tribal, or terri-
torial law, and in any event within a reasonable time 
after the order is issued, sufficient to protect the re-
spondent’s due process rights. 
‘‘(c) CROSS OR COUNTER PETITION.—A protection 
order issued by a State, tribal, or territorial court against 
one who has petitioned, filed a complaint, or otherwise 
filed a written pleading for protection against abuse by 
a spouse or intimate partner is not entitled to full faith 
and credit if— 
‘‘(1) no cross or counter petition, complaint, or 
other written pleading was filed seeking such a pro-
tection order; or 
‘‘(2) a cross or counter petition has been filed 
and the court did not make specific findings that 
each party was entitled to such an order. 
‘‘(d) NOTIFICATION AND REGISTRATION.— 
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‘‘(1) NOTIFICATION.—A State or Indian tribe 
according full faith and credit to an order by a court 
of another State or Indian tribe shall not notify or 
require notification of the party against whom a pro-
tection order has been issued that the protection 
order has been registered or filed in that enforcing 
State, tribal, or territorial jurisdiction unless re-
quested to do so by the party protected under such 
order. 
‘‘(2) NO PRIOR REGISTRATION OR FILING AS 
PREREQUISITE FOR ENFORCEMENT.—Any protection 
order that is otherwise consistent with this section 
shall be accorded full faith and credit, notwith-
standing failure to comply with any requirement 
that the order be registered or filed in the enforcing 
State, tribal, or territorial jurisdiction. 
‘‘(3) LIMITS
ON
INTERNET
PUBLICATION
OF 
REGISTRATION
INFORMATION.—A State or Indian 
tribe shall not make available publicly on the Inter-
net any information regarding the registration, filing 
of a petition for, or issuance of a protection order, 
restraining order or injunction, restraining order, or 
injunction in either the issuing or enforcing State, 
tribal or territorial jurisdiction, if such publication 
would be likely to publicly reveal the identity or loca-
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tion of the party protected under such order. A 
State or Indian tribe may share court-generated and 
law enforcement-generated information contained in 
secure, governmental registries for protection order 
enforcement purposes. 
‘‘(e) TRIBAL COURT JURISDICTION.—For purposes 
of this section, a tribal court shall have full civil jurisdic-
tion to enforce protection orders, including authority to 
enforce any orders through civil contempt proceedings, ex-
clusion of violators from Indian lands, and other appro-
priate mechanisms, in matters arising within the authority 
of the tribe. 
‘‘§ 164. Definitions 
‘‘As used in this subchapter— 
‘‘(1) the term ‘course of conduct’ means a pat-
tern of conduct composed of 2 or more acts, dem-
onstrating a continuity of purpose; 
‘‘(2) the term ‘enter or leave Indian country’ in-
cludes leaving the jurisdiction of one tribal govern-
ment and entering the jurisdiction of another tribal 
government; 
‘‘(3) the term ‘protection order’ includes— 
‘‘(A) any injunction, restraining order, or 
any other order issued by a civil or criminal 
court for the purpose of preventing violent or 
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threatening acts or harassment against, sexual 
violence, or contact or communication with or 
physical proximity to, another person, including 
any temporary or final order issued by a civil 
or criminal court whether obtained by filing an 
independent action or as a pendente lite order 
in another proceeding so long as any civil or 
criminal order was issued in response to a com-
plaint, petition, or motion filed by or on behalf 
of a person seeking protection; and 
‘‘(B) any support, child custody or visita-
tion provisions, orders, remedies or relief issued 
as part of a protection order, restraining order, 
or injunction pursuant to State, tribal, terri-
torial, or local law authorizing the issuance of 
protection orders, restraining orders, or injunc-
tions for the protection of victims of domestic 
violence, sexual assault, dating violence, or 
stalking; 
‘‘(4) the term ‘spouse or intimate partner’ in-
cludes— 
‘‘(A) for purposes of— 
‘‘(i) all provisions except paragraphs 
(3) and (4) of section 161— 
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‘‘(I) a spouse or former spouse of 
the abuser, a person who shares a 
child in common with the abuser, and 
a 
person 
who 
cohabits 
or 
has 
cohabited as a spouse with the abuser; 
or 
‘‘(II) a person who is or has been 
in a social relationship of a romantic 
or intimate nature with the abuser, as 
determined by the length of the rela-
tionship, the type of relationship, and 
the frequency of interaction between 
the persons involved in the relation-
ship; and 
‘‘(ii) paragraphs (3) and (4) of section 
161— 
‘‘(I) a spouse or former spouse of 
the target of the stalking, a person 
who shares a child in common with 
the target of the stalking, and a per-
son who cohabits or has cohabited as 
a spouse with the target of the stalk-
ing; or 
‘‘(II) a person who is or has been 
in a social relationship of a romantic 
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or intimate nature with the target of 
the stalking, as determined by the 
length of the relationship, the type of 
the relationship, and the frequency of 
interaction between the persons in-
volved in the relationship; and 
‘‘(B) any other person similarly situated to 
a spouse who is protected by the domestic or 
family violence laws of the State or tribal juris-
diction in which the injury occurred or where 
the victim resides; 
‘‘(5) the term ‘travel in interstate or foreign 
commerce’ does not include travel from one State to 
another by an individual who is a member of an In-
dian tribe and who remains at all times in the terri-
tory of the Indian tribe of which the individual is a 
member; and 
‘‘(6) the term ‘dating partner’ refers to a per-
son who is or has been in a social relationship of a 
romantic or intimate nature with the abuser; and 
the existence of such a relationship is based on a 
consideration of— 
‘‘(A) the length of the relationship; 
‘‘(B) the type of relationship; and 
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‘‘(C) the frequency of interaction between 
the persons involved in the relationship. 
‘‘§ 165. Repeat offenders 
‘‘(a) MAXIMUM
TERM
OF
IMPRISONMENT.—The 
maximum term of imprisonment for a violation of this sub-
chapter after a prior domestic violence or stalking offense 
shall be twice the term otherwise provided under this sub-
chapter. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘prior domestic violence or stalking offense’ means a con-
viction for an offense— 
‘‘(1) under section 161; or 
‘‘(2) under State law for an offense consisting 
of conduct that would have been an offense under 
section 161 if the conduct had occurred within the 
special maritime and territorial jurisdiction of the 
United States, or in interstate or foreign commerce. 
‘‘SUBCHAPTER I—PROTECTION OF UNBORN 
CHILDREN 
‘‘Sec. 
‘‘171. Protection of unborn children. 
‘‘172. Partial-birth abortions prohibited. 
‘‘§ 171. Protection of unborn children 
‘‘(a) OFFENSE.— 
‘‘(1) Whoever engages in conduct that violates 
any of the provisions of law listed in subsection (b) 
and thereby causes the death of, or bodily injury to, 
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a child, who is in utero at the time the conduct 
takes place, is guilty of a separate offense under this 
section. 
‘‘(2)(A) Except as otherwise provided in this 
paragraph, the punishment for that separate offense 
is the same as the punishment provided under Fed-
eral law for that conduct had that injury or death 
occurred to the unborn child’s mother. 
‘‘(B) An offense under this section does 
not require proof that— 
‘‘(i) the person engaging in the con-
duct had knowledge or should have had 
knowledge that the victim of the under-
lying offense was pregnant; or 
‘‘(ii) the defendant intended to cause 
the death of, or bodily injury to, the un-
born child. 
‘‘(C) If the person engaging in the conduct 
thereby intentionally kills or attempts to kill the 
unborn child, that person shall instead of being 
punished under subparagraph (A) and subject 
to subparagraph (D), be punished as provided 
under subchapter A for the like offense. 
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‘‘(D) Notwithstanding any other provision 
of law, the death penalty shall not be imposed 
for an offense under this section. 
‘‘(b) PROVISIONS REFERRED TO.—The provisions re-
ferred to in subsection (a) are the following: 
‘‘(1) Sections 102, 112, 121, 123, 131, 143, 
161, 201(a)(1), 204, 271, 273, 501, 502, 506, 507, 
584(j), 593, 601, 614(d), (f), (h)(1), and (i), 631, 
873, 892, 895, 897, 898, 1131, 1132, 1137, 1138, 
1204(a), 1216, 1291, 1296, 1305, 1331, 1345, and 
1373. 
‘‘(2) Section 202 of the Atomic Energy Act of 
1954. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit the prosecution— 
‘‘(1) of any person for conduct relating to an 
abortion for which the consent of the pregnant 
woman, or a person authorized by law to act on her 
behalf, has been obtained or for which such consent 
is implied by law; 
‘‘(2) of any person for any medical treatment of 
the pregnant woman or her unborn child; or 
‘‘(3) of any woman with respect to her unborn 
child. 
‘‘(d) DEFINITIONS.—As used in this section— 
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‘‘(1) the term ‘unborn child’ means a child in 
utero; and 
‘‘(2) the term ‘child in utero’ or ‘child, who is 
in utero’ means a member of the species homo sapi-
ens, at any stage of development, who is carried in 
the womb. 
‘‘§ 172. Partial-birth abortions prohibited 
‘‘(a) OFFENSE.—Any physician who, in or affecting 
interstate or foreign commerce, knowingly performs a par-
tial-birth abortion and thereby kills a human fetus shall 
be imprisoned not more than 2 years. This subsection does 
not apply to a partial-birth abortion that is necessary to 
save the life of a mother whose life is endangered by a 
physical disorder, physical illness, or physical injury, in-
cluding a life-endangering physical condition caused by or 
arising from the pregnancy itself. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘partial-birth abortion’ means an 
abortion in which the person performing the abor-
tion— 
‘‘(A) 
deliberately 
and 
intentionally 
vaginally delivers a living fetus until, in the 
case of a head-first presentation, the entire 
fetal head is outside the body of the mother, or, 
in the case of breech presentation, any part of 
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the fetal trunk past the navel is outside the 
body of the mother, for the purpose of per-
forming an overt act that the person knows will 
kill the partially delivered living fetus; and 
‘‘(B) performs the overt act, other than 
completion of delivery, that kills the partially 
delivered living fetus; and 
‘‘(2) the term ‘physician’ means a doctor of 
medicine or osteopathy legally authorized to practice 
medicine and surgery by the State in which the doc-
tor performs such activity, or any other individual 
legally authorized by the State to perform abortions, 
but any individual who is not a physician or not oth-
erwise legally authorized by the State to perform 
abortions, but who nevertheless directly performs a 
partial-birth abortion, shall be subject to the provi-
sions of this section. 
‘‘(c) CIVIL ACTION.— 
‘‘(1) The father, if married to the mother at the 
time she receives a partial-birth abortion procedure, 
and if the mother has not attained the age of 18 
years at the time of the abortion, the maternal 
grandparents of the fetus, may in a civil action ob-
tain appropriate relief, unless the pregnancy resulted 
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from the plaintiff’s criminal conduct or the plaintiff 
consented to the abortion. 
‘‘(2) Such relief shall include— 
‘‘(A) money damages for all injuries, psy-
chological and physical, occasioned by the viola-
tion of this section; and 
‘‘(B) statutory damages equal to three 
times the cost of the partial-birth abortion. 
‘‘(d) HEARING.— 
‘‘(1) A defendant accused of an offense under 
this section may seek a hearing before the State 
Medical Board on whether the physician’s conduct 
was necessary to save the life of the mother whose 
life was endangered by a physical disorder, physical 
illness, or physical injury, including a life-endan-
gering physical condition caused by or arising from 
the pregnancy itself. 
‘‘(2) The findings on that issue are admissible 
on that issue at the trial of the defendant. Upon a 
motion of the defendant, the court shall delay the 
beginning of the trial for not more than 30 days to 
permit such a hearing to take place. 
‘‘(e) EXCLUSION.—A woman upon whom a partial- 
birth abortion is performed may not be prosecuted under 
this section, for a conspiracy to violate this section, or for 
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an offense under section 2, 3, or 4 based on a violation 
of this section. 
‘‘CHAPTER 13—SEX CRIMES 
‘‘Subchapter 
‘‘A. Sexual abuse 
‘‘B. Transport for illegal sexual activity 
‘‘C. Sexual exploitation of children 
‘‘D. Sex offender registry 
‘‘E. General provisions and definitions 
‘‘SUBCHAPTER A—SEXUAL ABUSE 
‘‘Sec. 
‘‘201. Sexual abuse. 
‘‘202. Abusive sexual contact. 
‘‘203. Special rules and defenses. 
‘‘204. Sexual abuse resulting in death. 
‘‘205. Definitions for subchapter. 
‘‘§ 201. Sexual abuse 
‘‘(a) OFFENSES.—As made applicable and punished 
in subsection (b), the following offenses have the following 
elements: 
‘‘(1) AGGRAVATED
SEXUAL
ABUSE
OF
A 
CHILD.—Whoever— 
‘‘(A) knowingly engages in a sexual act 
with another person— 
‘‘(i) who has not attained the age of 
12 years; or 
‘‘(ii) who has attained the age of 12 
years but has not attained the age of 16 
years (and is at least 4 years younger than 
the person so engaging); or 
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‘‘(B) crosses a state line with the intent to 
engage in a sexual act with a person who has 
not attained the age of 12 years; 
is guilty of aggravated sexual abuse of a child. 
‘‘(2) 
AGGRAVATED
SEXUAL
ABUSE.—Who-
ever— 
‘‘(A) knowingly causes another person to 
engage in a sexual act— 
‘‘(i) by using force against that other 
person; or 
‘‘(ii) by threatening or placing that 
other person in fear that any person will 
be subjected to death, serious bodily in-
jury, substantial risk of unconsciousness, 
or kidnapping; or 
‘‘(B) knowingly— 
‘‘(i) renders another person uncon-
scious and thereby engages in a sexual act 
with that other person; or 
‘‘(ii) administers to another person by 
force or threat of force, or without the 
knowledge or permission of that person, a 
drug, intoxicant, or other similar substance 
and thereby— 
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‘‘(I) substantially impairs the 
ability of that other person to ap-
praise or control conduct; and 
‘‘(II) engages in a sexual act with 
that other person; 
is guilty of aggravated sexual abuse. 
‘‘(3) SEXUAL ABUSE.—Whoever knowingly— 
‘‘(A) causes another person to engage in a 
sexual act by threatening or placing that other 
person in fear (other than by threatening or 
placing that other person in fear that any per-
son will be subjected to death, serious bodily in-
jury, substantial risk of unconsciousness, or 
kidnapping); or 
‘‘(B) engages in a sexual act with another 
person if that other person is— 
‘‘(i) incapable of appraising the na-
ture of the conduct; or 
‘‘(ii) physically incapable of declining 
participation in, or communicating unwill-
ingness to engage in, that sexual act; 
is guilty of sexual abuse. 
‘‘(4) SEXUAL
ABUSE
OF
A
WARD.—Whoever 
knowingly engages in a sexual act with another per-
son who is— 
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‘‘(A) in official detention; and 
‘‘(B) under the custodial, supervisory, or 
disciplinary authority of the person so engag-
ing; 
is guilty of sexual abuse of a ward. 
‘‘(b) PENALTIES
AND CIRCUMSTANCES
FOR FED-
ERAL OFFENSE.— 
‘‘(1) PENALTIES.— 
‘‘(A) AGGRAVATED SEXUAL ABUSE OF A 
CHILD.—Whoever commits aggravated sexual 
abuse of a child in a place described in para-
graph (2) or by crossing a state line with the 
intent to engage in a sexual act with a person 
who has not attained the age of 12 years shall 
be imprisoned not less than 30 years or for life. 
If the offender has previously been convicted of 
another Federal offense under subsection (a)(1) 
or (a)(2), or of a State offense that would have 
been an offense under either such provision had 
the offense occurred in a Federal prison, the 
defendant shall be punished by death of life im-
prisonment. 
‘‘(B) AGGRAVATED SEXUAL ABUSE.—Who-
ever commits aggravated sexual abuse in a 
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place described in paragraph (2) shall be im-
prisoned for any term of years or for life. 
‘‘(C) SEXUAL
ABUSE.—Whoever commits 
sexual abuse in a place described in paragraph 
(2) shall be imprisoned not more than 20 years. 
‘‘(D) SEXUAL ABUSE OF A WARD.—Who-
ever commits sexual abuse of a ward in a place 
described in paragraph (2) shall be imprisoned 
not more than 15 years. 
‘‘(2) CIRCUMSTANCES.—The places referred to 
in paragraph (1) are— 
‘‘(A) the special maritime and territorial 
jurisdiction of the United States; or 
‘‘(B) a Federal prison or any prison insti-
tution or facility in which persons are held in 
custody by direction of or pursuant to a con-
tract or agreement with the Attorney General. 
‘‘§ 202. Abusive sexual contact 
‘‘Whoever engages in sexual contact with another per-
son— 
‘‘(1) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(A), 
shall be imprisoned for any term of years or for life; 
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‘‘(2) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(B), 
shall be imprisoned not more than 10 years; 
‘‘(3) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(C), 
shall be imprisoned not more than 3 years; and 
‘‘(4) under circumstances in which, if the sexual 
contact had been a sexual act, the sexual contact 
would be punishable under section 201(b)(1)(D), 
shall be imprisoned not more than 2 years. 
‘‘§ 203. Special rules and defenses 
‘‘(a) PROOF OF STATE OF MIND AS TO AGE.—In a 
prosecution under subsection (a)(1), the Government need 
not prove that the defendant knew the age of the other 
person engaging in the sexual act or that the requisite age 
difference existed between the persons so engaging. 
‘‘(b) DEFENSES.— 
‘‘(1) AGGRAVATED SEXUAL ABUSE OF A CHILD 
OR SEXUAL CONTACT INVOLVING A MINOR.—It is a 
affirmative defense to a prosecution under this sub-
chapter for an offense involving a minor where an 
element of the offense is that the minor not be 16 
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years of age or older that the defendant reasonably 
believed the minor to be 16 years of age or older. 
‘‘(2) MARRIAGE IN CERTAIN CASES.—It is an 
affirmative defense to prosecution for an offense 
under this subchapter involving a sexual act or sex-
ual contact with a ward, that the ward was married 
to the person engaging in the sexual act or contact 
at the time of the alleged offense. 
‘‘§ 204. Sexual abuse resulting in death 
‘‘Whoever, in the course of an offense under this sub-
chapter, 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. 
‘‘§ 205. Definitions for subchapter 
‘‘As used in this subchapter— 
‘‘(1) the term ‘sexual act’ means— 
‘‘(A) contact between the penis and the 
vulva or the penis and the anus, and for pur-
poses of this subparagraph contact involving the 
penis occurs upon penetration, however slight; 
‘‘(B) contact between the mouth and the 
penis, the mouth and the vulva, or the mouth 
and the anus; 
‘‘(C) the penetration, however slight, of the 
anal or genital opening of another by a hand or 
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finger or by any object, with an intent to abuse, 
humiliate, harass, degrade, or arouse or gratify 
the sexual desire of any person; or 
‘‘(D) the intentional touching, not through 
the clothing, of the genitalia of another person 
who has not attained the age of 16 years, with 
an intent to abuse, humiliate, harass, degrade, 
or arouse or gratify the sexual desire of any 
person; 
‘‘(2) the term ‘sexual contact’ means the inten-
tional touching, either directly or through the cloth-
ing, of the genitalia, anus, groin, breast, inner thigh, 
or buttocks of any person, with an intent to abuse, 
humiliate, harass, degrade, or arouse or gratify the 
sexual desire of any person; 
‘‘(3) the term ‘official detention’ means— 
‘‘(A) detention by a Federal officer or em-
ployee, or under the direction of a Federal offi-
cer or employee, following arrest for an offense; 
following surrender in lieu of arrest for an of-
fense; following a charge or conviction of an of-
fense, or an allegation or finding of juvenile de-
linquency; following commitment as a material 
witness; following civil commitment in lieu of 
criminal proceedings or pending resumption of 
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criminal proceedings that are being held in 
abeyance, or pending extradition, deportation, 
or exclusion; or 
‘‘(B) custody by a Federal officer or em-
ployee, or under the direction of a Federal offi-
cer or employee, for purposes incident to any 
detention described in subparagraph (A) of this 
paragraph, including transportation, medical di-
agnosis or treatment, court appearance, work, 
and recreation; 
but does not include supervision or other control 
(other than custody during specified hours or days) 
after release on bail, probation, or parole, or after 
release following a finding of juvenile delinquency. 
‘‘SUBCHAPTER B—TRANSPORT FOR ILLEGAL 
SEXUAL ACTIVITY 
‘‘Sec. 
‘‘211. Transportation generally. 
‘‘212. Coercion and enticement. 
‘‘213. Transportation of minors. 
‘‘214. Use of interstate facilities to transmit information about a minor. 
‘‘§ 211. Transportation generally 
‘‘Whoever knowingly transports an individual in 
interstate or foreign commerce, or in any territory or pos-
session of the United States, with intent that such indi-
vidual engage in prostitution, or in any sexual activity for 
which any person can be charged with a criminal offense, 
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or attempts to do so, shall be imprisoned not more than 
10 years. 
‘‘§ 212. Coercion and enticement 
‘‘(a) Whoever knowingly persuades, induces, entices, 
or coerces any individual to travel in interstate or foreign 
commerce, or in any territory or possession of the United 
States, to engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal of-
fense, or attempts to do so, shall be imprisoned not more 
than 20 years. 
‘‘(b) Whoever, using any facility of interstate or for-
eign commerce, or within the special maritime and terri-
torial jurisdiction of the United States, knowingly per-
suades, induces, entices, or coerces any minor to engage 
in prostitution or any sexual activity for which any person 
can be charged with a criminal offense, or attempts to do 
so, shall be imprisoned not less than 5 years and not more 
than 30 years. 
‘‘§ 213. Transportation of minors 
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE IN 
CRIMINAL SEXUAL ACTIVITY.—Whoever transports a 
minor in interstate or foreign commerce, or in any terri-
tory or possession of the United States, with intent that 
the minor engage in prostitution, or in any sexual activity 
for which any person can be charged with a criminal of-
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fense, shall be imprisoned not less than 5 years and not 
more than 30 years. 
‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT 
SEXUAL CONDUCT.—Whoever travels in interstate com-
merce or travels into the United States, or, being a United 
States citizen or an alien admitted for permanent resi-
dence in the United States, travels in foreign commerce, 
for the purpose of engaging in any illicit sexual conduct 
shall be imprisoned not more than 30 years. 
‘‘(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN 
FOREIGN PLACES.—Any United States citizen or alien ad-
mitted for permanent residence who travels in foreign 
commerce, and engages in any illicit sexual conduct shall 
be imprisoned not more than 30 years. 
‘‘(d) ANCILLARY OFFENSES.—Whoever, for the pur-
pose of commercial advantage or private financial gain, 
arranges, induces, procures, or facilitates the travel of a 
person knowing that such a person is traveling in inter-
state commerce or foreign commerce for the purpose of 
engaging in illicit sexual conduct shall be imprisoned not 
more than 30 years. 
‘‘(e) DEFINITION.—As used in this section, the term 
‘illicit sexual conduct’ means— 
‘‘(1) a sexual act (as defined in section 205) 
with a minor that would be in violation of sub-
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chapter A if the sexual act occurred in the special 
maritime and territorial jurisdiction of the United 
States; 
‘‘(2) any commercial sex act (as defined in sec-
tion 1265) with a minor; or 
‘‘(3) the production of child pornography (as 
defined in section 225). 
‘‘(f) DEFENSE.—In a prosecution under this section 
based on illicit sexual conduct as defined in subsection 
(e)(2), it is an affirmative defense that the defendant rea-
sonably believed that the person with whom the defendant 
engaged in the commercial sex act had attained the age 
of 18 years. 
‘‘§ 214. Use of interstate facilities to transmit infor-
mation about a minor 
‘‘Whoever, using a facility of interstate or foreign 
commerce, or within the special maritime and territorial 
jurisdiction of the United States, knowingly transmits of 
the name, address, telephone number, social security num-
ber, or electronic mail address of another individual, know-
ing that such other individual has not attained the age 
of 16 years, with the intent to entice, encourage, offer, 
or solicit any person to engage in any sexual activity for 
which any person can be charged with a criminal offense, 
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or attempts to do so, shall be imprisoned not more than 
5 years. 
‘‘SUBCHAPTER C—SEXUAL EXPLOITATION OF 
CHILDREN 
‘‘Sec. 
‘‘221. Sexual exploitation of children. 
‘‘222. Selling or buying of children. 
‘‘223. Certain activities relating to material involving the sexual exploitation of 
minors and child pornography. 
‘‘224. Misleading domain names on the Internet. 
‘‘225. Definitions for subchapter. 
‘‘226. Record keeping requirements. 
‘‘227. Failure to report child abuse. 
‘‘§ 221. Sexual exploitation of children 
‘‘(a) OFFENSE.—Whoever, as made applicable in sub-
section (b)— 
‘‘(1) either— 
‘‘(A) employs, uses, persuades, induces, en-
tices, or coerces any minor to engage in, or who 
has a minor assist any other person to engage 
in, any sexually explicit conduct for the purpose 
of producing any visual depiction of such con-
duct or for the purpose of transmitting a live 
visual depiction of such conduct; or 
‘‘(B) transports any minor in interstate or 
foreign commerce, or in any territory or posses-
sion of the United States, with the intent that 
such minor engage in such conduct for such 
purpose; or 
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‘‘(2) being a parent, legal guardian, or person 
having custody or control of a minor knowingly per-
mits 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 or for the purpose of transmitting a live vis-
ual depiction of such conduct; 
shall be punished as provided under subsection (e). 
‘‘(b) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) the person engaging in that conduct knows 
or has reason to know that such visual depiction will 
be transported or transmitted in or affecting inter-
state or foreign commerce; 
‘‘(2) such visual depiction was produced using 
materials that have been transported in or affecting 
interstate or foreign commerce; 
‘‘(3) such visual depiction has actually been 
transported or transmitted in or affecting interstate 
or foreign commerce; or 
‘‘(4) the conduct constituting the offense occurs 
in or affects interstate or foreign commerce. 
‘‘(c) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under sub-
section (a)(1) if the offender— 
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‘‘(1) intends such visual depiction to be trans-
ported to the United States; or 
‘‘(2) transports such visual depiction to the 
United States. 
‘‘(d) ADVERTISEMENTS.—(1) Whoever, as made ap-
plicable by 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 pro-
ducing a visual depiction of such conduct; 
shall be punished as provided under subsection (e). 
‘‘(2) Paragraph (1) applies if— 
‘‘(A) such person knows or has reason to know 
that such notice or advertisement will be transported 
in or affecting interstate or foreign commerce; or 
‘‘(B) such notice or advertisement is trans-
ported in or affecting interstate or foreign com-
merce. 
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‘‘(e) PUNISHMENT.—Whoever violates this section 
shall be imprisoned not less than 15 years nor more than 
30 years, but if such person has one prior conviction under 
this subchapter, subchapter A or B of this chapter, sub-
chapter F of chapter 35, 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 exploi-
tation of children, such person shall be imprisoned for not 
less than 25 years nor more than 50 years, but if such 
person has 2 or more such prior convictions, such person 
shall be imprisoned not less than 35 years nor more than 
life. Whoever, in the course of an offense under this sec-
tion, engages in conduct that results in the death of a per-
son, shall be punished by death or imprisoned for any term 
of years or for life. 
‘‘§ 222. Selling or buying of children 
‘‘(a) TRANSFER OF CUSTODY.—Whoever, as made 
applicable by subsection (d) and with a mental state de-
scribed in subsection (c) having custody or control of a 
minor, transfers that custody or control, or offers to do 
so, shall be punished by imprisonment for not less than 
30 years or for life. 
‘‘(b) OBTAINING CUSTODY.—Whoever, as made ap-
plicable by subsection (d) and with a mental state de-
scribed in subsection (c), obtains custody or control of a 
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minor, or offers to do so, shall be punished by imprison-
ment for not less than 30 years or for life. 
‘‘(c) MENTAL STATE.—The mental state referred to 
in subsections (a) and (b) is— 
‘‘(1) knowledge that, as a consequence of the 
transfer 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) intent to promote either— 
‘‘(A) the engaging in of sexually explicit 
conduct by such minor for the purpose of pro-
ducing 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. 
‘‘(d) FEDERAL NEXUS.—Conduct described in sub-
section (a) and (b) is an offense if— 
‘‘(1) in the course of the conduct the minor or 
the person engaging in the conduct travel in inter-
state or foreign commerce; 
‘‘(2) any offer described in such subsections 
was communicated or transported in or affecting 
interstate or foreign commerce; or 
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‘‘(3) the conduct took place in any territory or 
possession of the United States. 
‘‘§ 223. Certain activities relating to material involv-
ing the sexual exploitation of minors and 
child pornography 
‘‘(a) OFFENSE.—Whoever, in a circumstance de-
scribed in subsection (b)— 
‘‘(1) knowingly— 
‘‘(A) transports an exploitative visual de-
piction or child pornography; 
‘‘(B) receives, or distributes, any exploita-
tive visual depiction or child pornography; or 
‘‘(C) reproduces any exploitative visual de-
piction or child pornography for distribution; 
‘‘(2) knowingly— 
‘‘(A) sells or possesses with intent to sell 
any exploitative visual depiction or child por-
nography; or 
‘‘(B) possesses or accesses with intent to 
view an exploitative visual depiction or child 
pornography; 
‘‘(3) knowingly advertises, promotes, presents, 
distributes, or solicits any material or purported ma-
terial in a manner that reflects the belief, or that is 
intended to cause another to believe, that the mate-
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rial or purported material contains an exploitative 
visual depiction or child pornography; 
‘‘(4) knowingly produces with intent to dis-
tribute, or distributes, by any means, including a 
computer, child pornography that is an adapted or 
modified depiction of an identifiable minor; 
shall be punished as provided in subsection (c). 
‘‘(b) CIRCUMSTANCE REQUIRED.—The circumstance 
referred to in subsection (a) is any one of the following: 
‘‘(1) The conduct occurs in the special maritime 
and territorial jurisdiction of the United States, or 
in the Indian country as defined in section 871. 
‘‘(2) The conduct is in or affects interstate or 
foreign commerce. 
‘‘(3) The exploitative visual depiction or child 
pornography is transported in or affecting interstate 
or foreign commerce, or was produced using mate-
rials which have been so transported. 
‘‘(c) PUNISHMENT.— 
‘‘(1) Whoever violates paragraph (1), (2)(A), or 
(3) of subsection (a) shall be imprisoned not less 
than 5 years and not more than 20 years, but if 
such person has a prior relevant conviction, such 
person shall be imprisoned for not less than 15 years 
nor more than 40 years. 
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‘‘(2) Whoever violates paragraph (2)(B) of sub-
section (a) shall be imprisoned not more than 10 
years, but if such person has a prior relevant convic-
tion, such person shall be imprisoned for not less 
than 10 years nor more than 20 years. 
‘‘(3) Whoever violates paragraph (4) of sub-
section (a) shall be imprisoned not more than 15 
years. 
‘‘(4) In this subsection, the term ‘prior relevant 
conviction’ means a prior conviction under this chap-
ter, subchapter A or B of this chapter, subchapter 
F of chapter 35, or under section 920 of title 10 
(article 120 of the Uniform Code of Military Jus-
tice), or under the laws of any State relating to ag-
gravated sexual abuse, sexual abuse, or abusive sex-
ual conduct involving a minor or ward, or the pro-
duction, possession, receipt, mailing, sale, distribu-
tion, shipment, or transportation of child pornog-
raphy. 
‘‘(d) AFFIRMATIVE DEFENSES.—(1) It is an affirma-
tive defense to a charge of violating paragraph (2)(B) of 
subsection (a) that the defendant— 
‘‘(A) possessed less than three matters 
containing any visual depiction proscribed by 
that paragraph; and 
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‘‘(B) promptly and in good faith, and with-
out retaining or allowing any person, other than 
a law enforcement agency, to access any visual 
depiction or copy thereof— 
‘‘(i) took reasonable steps to destroy 
each such visual depiction; or 
‘‘(ii) reported the matter to a law en-
forcement agency and afforded that agency 
access to each such visual depiction. 
‘‘(2) It is an affirmative defense to a charge of 
violating paragraph (1), (2), or (4) of subsection (a) 
that— 
‘‘(A)(i) the alleged child pornography was 
produced using an actual person or persons en-
gaging in sexually explicit conduct; and 
‘‘(ii) each such person was an adult at the 
time the material was produced; or 
‘‘(B) the alleged child pornography was not 
produced using any actual minor. 
No affirmative defense under subsection (d)(2) shall 
be available in any prosecution that involves child 
pornography as described in section 225(5). A de-
fendant may not assert an affirmative defense to a 
charge of violating paragraph (1), (2), or (4) of sub-
section (a) unless, within the time provided for filing 
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pretrial motions or at such time prior to trial as the 
judge may direct, but in no event later than 14 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 sub-
stance of any expert or other specialized testimony 
or evidence upon which the defendant intends to 
rely. If the defendant fails to comply with this sub-
section, the court shall, absent a finding of extraor-
dinary circumstances that prevented timely compli-
ance, prohibit the defendant from asserting such de-
fense to a charge of violating paragraph (1), (2), or 
(4) of subsection (a) or presenting any evidence for 
which the defendant has failed to provide proper and 
timely notice. 
‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of 
the government, in any prosecution under this subchapter 
or section 1445, except for good cause shown, the name, 
address, social security number, or other nonphysical iden-
tifying information, other than the age or approximate 
age, of any minor who is depicted in any child pornog-
raphy 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 
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deciding whether the child pornography depicts an actual 
minor. 
‘‘(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.— 
In this section, a visual depiction is an exploitative visual 
depiction if— 
‘‘(1) the producing of such visual depiction in-
volves the use of a child engaging in sexually explicit 
conduct; and 
‘‘(2) such visual depiction is of such conduct. 
‘‘§ 224. Misleading domain names on the Internet 
‘‘(a) OBSCENITY.—Whoever knowingly uses a mis-
leading domain name on the Internet with the intent to 
deceive a person into viewing material constituting obscen-
ity shall be imprisoned not more than 2 years. 
‘‘(b) MATERIAL HARMFUL
TO MINORS.—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 impris-
oned not more than 10 years. 
‘‘(c) DEFINITION.—For the purposes of this sec-
tion— 
‘‘(1) 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; 
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‘‘(2) the term ‘material that is harmful to mi-
nors’ means any communication, consisting of nu-
dity, sex, or excretion, that, taken as a whole and 
with reference to its context— 
‘‘(A) predominantly appeals to a prurient 
interest of minors; 
‘‘(B) is patently offensive to prevailing 
standards in the adult community as a whole 
with respect to what is suitable material for mi-
nors; and 
‘‘(C) lacks serious literary, artistic, polit-
ical, or scientific value for minors; and 
‘‘(3) as used in this subsection, the term ‘sex’ 
means acts of masturbation, sexual intercourse, or 
physical contact with a person’s genitals, or the con-
dition of human male or female genitals when in a 
state of sexual stimulation or arousal. 
‘‘§ 225. Definitions for subchapter 
‘‘In this subchapter the following definitions apply: 
‘‘(1)(A) Except as provided in subparagraph 
(B), the term ‘sexually explicit conduct’ means ac-
tual or simulated— 
‘‘(i) sexual intercourse, including genital- 
genital, oral-genital, anal-genital, or oral-anal, 
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whether between persons of the same or oppo-
site 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 paragraph 5(B), the term 
‘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 exhi-
bition of the genitals or pubic area of any per-
son. 
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‘‘(2) The term ‘producing’ means producing, di-
recting, manufacturing, issuing, publishing, or ad-
vertising. 
‘‘(3) The term ‘visual depiction’ includes unde-
veloped film and videotape, data stored on computer 
disk or by electronic means which is capable of con-
version into a visual image, and data which is capa-
ble of conversion into a visual image that has been 
transmitted by any means, whether or not stored in 
a permanent format. 
‘‘(4) The term ‘custody or control’ includes 
temporary supervision over or responsibility for a 
minor whether legally or illegally obtained. 
‘‘(5) The term ‘child pornography’ means any 
visual depiction of sexually explicit conduct, where— 
‘‘(A) the production of such visual depic-
tion 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 con-
duct; or 
‘‘(C) such visual depiction has been cre-
ated, adapted, or modified to appear that an 
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identifiable minor is engaging in sexually ex-
plicit conduct. 
‘‘(6) The term ‘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. 
‘‘(7) The term ‘graphic’, when used with re-
spect 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 ani-
mal during any part of the time that the sexually ex-
plicit conduct is being depicted. 
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‘‘(8) The term ‘indistinguishable’ used with re-
spect to a depiction, means virtually indistinguish-
able, 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. 
‘‘§ 226. Record keeping requirements 
‘‘(a) DUTY TO KEEP RECORDS.—Whoever produces 
any book, magazine, periodical, film, videotape, or other 
matter which— 
‘‘(1) contains one or more visual depictions 
made after November 1, 1990, of actual sexually ex-
plicit conduct; and 
‘‘(2) is produced in whole or in part with mate-
rials which have been mailed or shipped in interstate 
or foreign commerce, or is shipped or transported or 
is intended for shipment or transportation in inter-
state or foreign commerce; 
shall create and maintain individually identifiable records 
pertaining to every performer portrayed in such a visual 
depiction. 
‘‘(b) DUTY
TO
ASCERTAIN
CERTAIN
INFORMA-
TION.—Any person to whom subsection (a) applies shall, 
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