1010 
ing or transferring or offering to sell or transfer such ma-
terial be the person’s sole or principal business or source 
of income. The offering for sale of or to transfer, at one 
time, two or more copies of any obscene publication, or 
two or more of any obscene article, or a combined total 
of five or more such publications and articles, shall create 
a rebuttable presumption that the person so offering them 
is ‘engaged in the business’ as defined in this subsection. 
‘‘§ 1445. Obscene visual representations of the sexual 
abuse of children 
‘‘(a) IN GENERAL.—Whoever, as made applicable by 
subsection (d), knowingly produces, distributes, receives, 
or possesses with intent to distribute, a visual depiction 
of any kind, including a drawing, cartoon, sculpture, or 
painting, that— 
‘‘(1)(A) depicts a minor engaging in sexually 
explicit conduct; and 
‘‘(B) is obscene; or 
‘‘(2)(A) depicts an image that is, or appears to 
be, of a minor engaging in graphic bestiality, sadis-
tic or masochistic abuse, or sexual intercourse, in-
cluding genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between persons of the same or 
opposite sex; and 
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‘‘(B) lacks serious literary, artistic, political, or 
scientific value; 
shall be subject to the penalties provided in section 
223(c)(1), including the penalties provided for cases in-
volving a prior conviction. 
‘‘(b) ADDITIONAL OFFENSES.—Whoever, as made 
applicable by subsection (d), knowingly possesses a visual 
depiction of any kind, including a drawing, cartoon, sculp-
ture, or painting, that— 
‘‘(1)(A) depicts a minor engaging in sexually 
explicit conduct; and 
‘‘(B) is obscene; or 
‘‘(2)(A) depicts an image that is, or appears to 
be, of a minor engaging in graphic bestiality, sadis-
tic or masochistic abuse, or sexual intercourse, in-
cluding genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between persons of the same or 
opposite sex; and 
‘‘(B) lacks serious literary, artistic, political, or 
scientific value; 
shall be subject to the penalties provided in section 
223(c)(2), including the penalties provided for cases in-
volving a prior conviction. 
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‘‘(c) NONREQUIRED ELEMENT OF OFFENSE.—It is 
not a required element of any offense under this section 
that the minor depicted actually exist. 
‘‘(d) APPLICABILITY.—Subsections (a) and (b) apply 
if— 
‘‘(1) any communication involved in or made in 
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any 
means or instrumentality of interstate or foreign 
commerce is otherwise used in committing or in fur-
therance of the commission of the offense; 
‘‘(2) any communication involved in or made in 
furtherance of the offense contemplates the trans-
mission or transportation of a visual depiction by the 
mail, or in interstate or foreign commerce by any 
means, including by computer; 
‘‘(3) any person travels or is transported in 
interstate or foreign commerce in the course of the 
commission or in furtherance of the commission of 
the offense; 
‘‘(4) any visual depiction involved in the offense 
has been mailed, or has been shipped or transported 
in interstate or foreign commerce by any means, in-
cluding by computer, or was produced using mate-
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rials that have been mailed, or that have been 
shipped or transported in interstate or foreign com-
merce by any means, including by computer; or 
‘‘(5) the offense is committed in the special 
maritime and territorial jurisdiction of the United 
States or in any territory or possession of the 
United States. 
‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirm-
ative defense to a charge of violating subsection (b) that 
the defendant— 
‘‘(1) possessed less than 3 such visual depic-
tions; and 
‘‘(2) promptly and in good faith, and without 
retaining or allowing any person, other than a law 
enforcement agency, to access any such visual depic-
tion— 
‘‘(A) took reasonable steps to destroy each 
such visual depiction; or 
‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to 
each such visual depiction. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘visual depiction’ includes unde-
veloped film and videotape, and data stored on a 
computer disk or by electronic means which is capa-
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ble of conversion into a visual image, and also in-
cludes any photograph, film, video, picture, digital 
image or picture, computer image or picture, or 
computer generated image or picture, whether made 
or produced by electronic, mechanical, or other 
means; 
‘‘(2) the term ‘sexually explicit conduct’ has the 
meaning given the term in section 225(1)(A) or 
225(1)(B); and 
‘‘(3) the term ‘graphic’, when used with respect 
to a depiction of sexually explicit conduct, means 
that a viewer can observe any part of the genitals 
or pubic area of any depicted person or animal dur-
ing any part of the time that the sexually explicit 
conduct is being depicted. 
‘‘§ 1446. Presumptions 
‘‘(a) INTERSTATE COMMERCE.—In any prosecution 
under this subchapter in which an element of the offense 
is that the matter in question was transported, shipped, 
or carried in interstate commerce, proof, by either cir-
cumstantial or direct evidence, that such matter was pro-
duced or manufactured in one State and is subsequently 
located in another State shall raise a rebuttable presump-
tion that such matter was transported, shipped, or carried 
in interstate commerce. 
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‘‘(b) FOREIGN
COMMERCE.—In any prosecution 
under this subchapter in which an element of the offense 
is that the matter in question was transported, shipped, 
or carried in foreign commerce, proof, by either cir-
cumstantial or direct evidence, that such matter was pro-
duced or manufactured outside of the United States and 
is subsequently located in the United States shall raise 
a rebuttable presumption that such matter was trans-
ported, shipped, or carried in foreign commerce. 
‘‘§ 1447. Transfer of obscene material to minor 
‘‘Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly transfers ob-
scene matter to another individual who has not attained 
the age of 16 years, knowing that such other individual 
has not attained the age of 16 years, or attempts to do 
so, shall be imprisoned not more than 10 years. 
‘‘SUBCHAPTER G—MONEY LAUNDERING 
‘‘1451. Laundering of monetary instruments. 
‘‘1452. Engaging in monetary transactions in property derived from specified 
unlawful activity. 
‘‘1453. Structuring transactions to evade reporting requirement prohibited. 
‘‘1454. Bulk cash smuggling into or out of the United States. 
‘‘§ 1451. Laundering of monetary instruments 
‘‘(a) OFFENSES.—(1) Whoever, knowing that the 
property involved in a financial transaction represents the 
proceeds of some form of unlawful activity, conducts or 
attempts to conduct such a financial transaction which in 
fact involves the proceeds of specified unlawful activity— 
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‘‘(A)(i) with the intent to promote the carrying 
on of specified unlawful activity; or 
‘‘(ii) with intent to engage in conduct consti-
tuting a violation of section 7201 or 7206 of the In-
ternal Revenue Code of 1986; or 
‘‘(B) knowing that the transaction is designed 
in whole or in part— 
‘‘(i) to conceal or disguise the nature, the 
location, the source, the ownership, or the con-
trol of the proceeds of specified unlawful activ-
ity; or 
‘‘(ii) to avoid a transaction reporting re-
quirement under State or Federal law, 
shall be sentenced to a fine of not more than $500,000 
or twice the value of the property involved in the trans-
action, whichever is greater, or imprisonment for not more 
than twenty years, or both. For purposes of this para-
graph, a financial transaction shall be considered to be 
one involving the proceeds of specified unlawful activity 
if it is part of a set of parallel or dependent transactions, 
any one of which involves the proceeds of specified unlaw-
ful activity, and all of which are part of a single plan or 
arrangement. 
‘‘(2) Whoever transports, transmits, or transfers, or 
attempts to transport, transmit, or transfer a monetary 
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instrument or funds from a place in the United States 
to or through a place outside the United States or to a 
place in the United States from or through a place outside 
the United States— 
‘‘(A) with the intent to promote the carrying on 
of specified unlawful activity; or 
‘‘(B) knowing that the monetary instrument or 
funds involved in the transportation, transmission, 
or transfer represent the proceeds of some form of 
unlawful activity and knowing that such transpor-
tation, transmission, or transfer is designed in whole 
or in part— 
‘‘(i) to conceal or disguise the nature, the 
location, the source, the ownership, or the con-
trol of the proceeds of specified unlawful activ-
ity; or 
‘‘(ii) to avoid a transaction reporting re-
quirement under State or Federal law, 
shall be sentenced to a fine of not more than $500,000 
or twice the value of the monetary instrument or funds 
involved in the transportation, transmission, or transfer, 
whichever is greater, or imprisonment for not more than 
twenty years, or both. For the purpose of the offense de-
scribed in subparagraph (B), the defendant’s knowledge 
may be established by proof that a law enforcement officer 
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represented the matter specified in subparagraph (B) as 
true, and the defendant’s subsequent statements or ac-
tions indicate that the defendant believed such representa-
tions to be true. 
‘‘(3) Whoever, with the intent— 
‘‘(A) to promote the carrying on of specified un-
lawful activity; 
‘‘(B) to conceal or disguise the nature, location, 
source, ownership, or control of property believed to 
be the proceeds of specified unlawful activity; or 
‘‘(C) to avoid a transaction reporting require-
ment under State or Federal law, 
conducts or attempts to conduct a financial transaction 
involving property represented to be the proceeds of speci-
fied unlawful activity, or property used to conduct or fa-
cilitate specified unlawful activity, shall be imprisoned for 
not more than 20 years. For purposes of this paragraph 
and paragraph (2), the term ‘represented’ means any rep-
resentation made by a law enforcement officer or by an-
other person at the direction of, or with the approval of, 
a Federal official authorized to investigate or prosecute 
violations of this section. 
‘‘(b) PENALTIES AND CIVIL REMEDIES.— 
‘‘(1) CRIMINAL.— 
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‘‘(A) GENERALLY.—Whoever conducts or 
attempts to conduct a transaction described in 
subsection (a)(1) or (a)(3), or section 1452, or 
a transportation, transmission, or transfer de-
scribed in subsection (a)(2), is liable to the 
United States for a civil penalty of not more 
than the greater of— 
‘‘(i) the value of the property, funds, 
or monetary instruments involved in the 
transaction; or 
‘‘(ii) $10,000. 
‘‘(B) ALTERNATIVE
PUNISHMENT
FOR 
CERTAIN OFFENSES.—If the offense under this 
section involves a pre-retail medical product (as 
defined in section 657), it shall be punished 
under section 657 unless the penalties provided 
forthe offense under this section are greater. 
‘‘(2) JURISDICTION OVER FOREIGN PERSONS.— 
For purposes of adjudicating an action filed or en-
forcing a penalty ordered under this section, the dis-
trict courts shall have jurisdiction over any foreign 
person, including any financial institution authorized 
under the laws of a foreign country, against whom 
the action is brought, if service of process upon the 
foreign person is made under the Federal Rules of 
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PWALKER on DSK7TPTVN1PROD with BILLS
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Civil Procedure or the laws of the country in which 
the foreign person is found, and— 
‘‘(A) the foreign person commits an offense 
under subsection (a) involving a financial trans-
action that occurs in whole or in part in the 
United States; 
‘‘(B) the foreign person converts, to his or 
her own use, property in which the United 
States has an ownership interest by virtue of 
the entry of an order of forfeiture by a court 
of the United States; or 
‘‘(C) the foreign person is a financial insti-
tution that maintains a bank account at a fi-
nancial institution in the United States. 
‘‘(3) COURT
AUTHORITY
OVER
ASSETS.—A 
court may issue a pretrial restraining order or take 
any other action necessary to ensure that any bank 
account or other property held by the defendant in 
the United States is available to satisfy a judgment 
under this section. 
‘‘(4) FEDERAL RECEIVER.— 
‘‘(A) IN GENERAL.—A court may appoint 
a Federal Receiver, in accordance with subpara-
graph (B) of this paragraph, to collect, mar-
shal, and take custody, control, and possession 
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PWALKER on DSK7TPTVN1PROD with BILLS
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of all assets of the defendant, wherever located, 
to satisfy a civil judgment under this sub-
section, a forfeiture judgment under chapter 50, 
or a criminal sentence under section 1452 or 
subsection (a) of this section, including an 
order of restitution to any victim of a specified 
unlawful activity. 
‘‘(B) APPOINTMENT AND AUTHORITY.—A 
Federal Receiver described in subparagraph 
(A)— 
‘‘(i) may be appointed upon applica-
tion of a Federal prosecutor or a Federal 
or State regulator, by the court having ju-
risdiction over the defendant in the case; 
‘‘(ii) shall be an officer of the court, 
and the powers of the Federal Receiver 
shall include the powers set out in section 
754 of title 28; and 
‘‘(iii) shall have standing equivalent to 
that of a Federal prosecutor for the pur-
pose of submitting requests to obtain infor-
mation regarding the assets of the defend-
ant— 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(I) from the Financial Crimes 
Enforcement Network of the Depart-
ment of the Treasury; or 
‘‘(II) from a foreign country pur-
suant to a mutual legal assistance 
treaty, multilateral agreement, or 
other arrangement for international 
law enforcement assistance, provided 
that such requests are in accordance 
with the policies and procedures of the 
Attorney General. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘knowing that the property in-
volved in a financial transaction represents the pro-
ceeds of some form of unlawful activity’ means that 
the person knew the property involved in the trans-
action represented proceeds from some form, though 
not necessarily which form, of activity that con-
stitutes a felony under State, Federal, or foreign 
law, regardless of whether or not such activity is 
specified in paragraph (7); 
‘‘(2) the term ‘conducts’ includes initiating, 
concluding, or participating in initiating, or con-
cluding a transaction; 
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PWALKER on DSK7TPTVN1PROD with BILLS
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‘‘(3) the term ‘transaction’ includes a purchase, 
sale, loan, pledge, gift, transfer, delivery, or other 
disposition, and with respect to a financial institu-
tion includes a deposit, withdrawal, transfer between 
accounts, exchange of currency, loan, extension of 
credit, purchase or sale of any stock, bond, certifi-
cate of deposit, or other monetary instrument, use of 
a safe deposit box, or any other payment, transfer, 
or delivery by, through, or to a financial institution, 
by whatever means effected; 
‘‘(4) the term ‘financial transaction’ means (A) 
a transaction which in any way or degree affects 
interstate or foreign commerce (i) involving the 
movement of funds by wire or other means or (ii) in-
volving one or more monetary instruments, or (iii) 
involving the transfer of title to any real property, 
vehicle, vessel, or aircraft, or (B) a transaction in-
volving the use of a financial institution which is en-
gaged in, or the activities of which affect, interstate 
or foreign commerce in any way or degree; 
‘‘(5) the term ‘monetary instruments’ means (i) 
coin or currency of the United States or of any other 
country, travelers’ checks, personal checks, bank 
checks, and money orders, or (ii) investment securi-
ties or negotiable instruments, in bearer form or 
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PWALKER on DSK7TPTVN1PROD with BILLS
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otherwise in such form that title thereto passes upon 
delivery; 
‘‘(6) the term ‘financial institution’ means— 
‘‘(A) any financial institution, as defined in 
section 5312(a)(2) of title 31, or regulations 
under such section; or 
‘‘(B) any foreign bank, as defined in sec-
tion 1 of the International Banking Act of 
1978; 
‘‘(7) the term ‘specified unlawful activity’ 
means— 
‘‘(A) any act or activity constituting an of-
fense listed in section 511(1) except an act 
which is indictable under subchapter II of chap-
ter 53 of title 31; 
‘‘(B) with respect to a financial transaction 
occurring in whole or in part in the United 
States, an offense against a foreign nation in-
volving— 
‘‘(i) the manufacture, importation, 
sale, or distribution of a controlled sub-
stance; 
‘‘(ii) murder, kidnapping, robbery, ex-
tortion, destruction of property by means 
of explosive or fire, or a crime of violence; 
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‘‘(iii) fraud, or any scheme or attempt 
to defraud, by or against a foreign bank 
(as defined in paragraph 7 of section 1(b) 
of the International Banking Act of 1978); 
‘‘(iv) bribery of a public official, or 
the misappropriation, theft, or embezzle-
ment of public funds by or for the benefit 
of a public official; 
‘‘(v) smuggling or export control viola-
tions involving— 
‘‘(I) an item controlled on the 
United States Munitions List estab-
lished under section 38 of the Arms 
Export Control Act; or 
‘‘(II) an item controlled under 
regulations under the Export Admin-
istration 
Regulations 
(15 
C.F.R. 
Parts 730–774); or 
‘‘(vi) an offense with respect to which 
the United States would be obligated by a 
multilateral treaty, either to extradite the 
alleged offender or to submit the case for 
prosecution, if the offender were found 
within the territory of the United States; 
or 
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‘‘(vii) trafficking in persons, selling or 
buying of children, sexual exploration or 
children, or transporting, recruiting or har-
boring a person, including a child, for com-
mercial sex acts; 
‘‘(C) any act or acts constituting a con-
tinuing criminal enterprise, as that term is de-
fined in section 413; 
‘‘(D) an offense under section 1301 (relat-
ing to the destruction of aircraft), section 1305 
(relating to violence at international airports), 
section 131 (relating to influencing, impeding, 
or retaliating against a Federal official by 
threatening or injuring a family member), sec-
tion 871 (relating to concealment of assets; 
false oaths and claims; bribery), section 624 
(relating to the variola virus), section 1003 (re-
lating to commissions or gifts for procuring 
loans), section 711 (relating to money orders), 
section 712 (relating to postage stamps, post-
age meter stamps, and postal cards), section 
718 (relating to securities of States and private 
entities), section 861 (relating to entry of goods 
falsely classified), section 862 (relating to entry 
of goods by means of false statements), section 
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863 (relating to smuggling goods into the 
United States), section 865 (relating to remov-
ing goods from customs custody; breaking 
seals), section 867 (relating to smuggling goods 
from the United States), section 868 (relating 
to border tunnels and passages), section 641 
(relating to public money, property, or records), 
section 644 (relating to theft, embezzlement, or 
misapplication by bank officer or employee), 
section 645 (relating to lending, credit, and in-
surance institutions), section 646 (relating to 
property mortgaged or pledged to farm credit 
agencies), section 654 (relating to theft or brib-
ery concerning programs receiving Federal 
funds), section 301, 302, or 303 (relating to es-
pionage and censorship), section 601 (relating 
to prohibited transactions involving nuclear ma-
terials), section 614 (f) or (i) (relating to de-
struction by explosives or fire of Government 
property or property affecting interstate or for-
eign commerce), section 144 (relating to com-
munication of ransom demands and other 
threatening communications in or affecting 
commerce), section 582(1) (relating to the un-
lawful importation of firearms), section 584(n) 
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child pornography contains a visual depiction of 
an actual minor engaging in sexually explicit 
conduct, section 1345 (relating to violence 
against maritime navigation), section 676 (re-
lating to criminal infringement of a copyright), 
section 680 (relating to trafficking in counter-
feit goods and services), section 271 (relating to 
weapons of mass destruction, and explosives 
and other lethal devices), section 272 (relating 
to atomic weapons), section 273 (relating to 
acts of terrorism transcending national bound-
aries), section 275 (relating to missile systems 
designed to destroy aircraft), section 276 (relat-
ing to radiological dispersal devices), section 
278 or 279 (relating to providing material sup-
port to terrorists), section 280 (relating to pro-
hibitions against the financing of terrorism), 
section 281 (relating to receiving military-type 
training from a foreign terrorist organization), 
section 414 (relating to drug paraphernalia), or 
section 1307 (relating to aircraft piracy) of this 
title, a felony violation of the Chemical Diver-
sion and Trafficking Act of 1988 (relating to 
precursor and essential chemicals), section 590 
of the Tariff Act of 1930 (relating to aviation 
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PWALKER on DSK7TPTVN1PROD with BILLS
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smuggling), section 38(c) (relating to criminal 
violations) of the Arms Export Control Act, sec-
tion 11 (relating to violations) of the Export 
Administration Act of 1979, section 206 (relat-
ing to penalties) of the International Emer-
gency Economic Powers Act, section 16 (relat-
ing to offenses and punishment) of the Trading 
with the Enemy Act, any felony violation of sec-
tion 15 of the Food and Nutrition Act of 2008 
(relating to violations and enforcement) involv-
ing a quantity of benefits having a value of not 
less than $5,000, any violation of section 
543(a)(1) of the Housing Act of 1949 (relating 
to equity skimming), any felony violation of the 
Foreign Agents Registration Act of 1938, or 
any felony violation of the Foreign Corrupt 
Practices Act; 
‘‘(E) a felony violation of the Federal 
Water Pollution Control Act, the Ocean Dump-
ing Act, the Act to Prevent Pollution from 
Ships, the Safe Drinking Water Act, or the Re-
sources Conservation and Recovery Act; or 
‘‘(F) any act or activity constituting an of-
fense involving a Federal health care offense; 
and 
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‘‘(8) the term ‘proceeds’ means any property 
derived from or obtained or retained, directly or in-
directly, through some form of unlawful activity, in-
cluding the gross receipts of such activity. 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over the an offense under this 
section if— 
‘‘(1) the conduct is by a United States citizen 
or, in the case of a non-United States citizen, the 
conduct occurs in part in the United States; and 
‘‘(2) the transaction or series of related trans-
actions involves funds or monetary instruments of a 
value exceeding $10,000. 
‘‘(e) NOTICE OF CONVICTION OF FINANCIAL INSTI-
TUTIONS.—If any financial institution or any officer, di-
rector, or employee of any financial institution has been 
found guilty of an offense under this section, section 1452 
or 508, or section 5322 or 5324 of title 31, the Attorney 
General shall provide written notice of such fact to the 
appropriate regulatory agency for the financial institution. 
‘‘(f) VENUE.—(1) Except as provided in paragraph 
(2), a prosecution for an offense under this section or sec-
tion 1452 may be brought in— 
‘‘(A) any district in which the financial or mon-
etary transaction is conducted; or 
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‘‘(B) any district where a prosecution for the 
underlying specified unlawful activity could be 
brought, if the defendant participated in the transfer 
of the proceeds of the specified unlawful activity 
from that district to the district where the financial 
or monetary transaction is conducted. 
‘‘(2) A prosecution for an attempt or conspiracy of-
fense under this section or section 1957 may be brought 
in the district where venue would lie for the completed of-
fense under paragraph (1), or in any other district where 
an act in furtherance of the attempt or conspiracy took 
place. 
‘‘(3) For purposes of this section, a transfer of funds 
from 1 place to another, by wire or any other means, shall 
constitute a single, continuing transaction. Any person 
who conducts (as that term is defined in subsection (c)(2)) 
any portion of the transaction may be charged in any dis-
trict in which the transaction takes place. 
‘‘§ 1452. Engaging in monetary transactions in prop-
erty derived from specified unlawful ac-
tivity 
‘‘(a) ELEMENTS OF OFFENSE.—Whoever, as made 
applicable by subsection (d), knowingly engages or at-
tempts to engage in a monetary transaction in criminally 
derived property of a value greater than $10,000 and is 
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derived from specified unlawful activity, shall be punished 
as provided in subsection (b). 
‘‘(b) PUNISHMENT.—(1) Except as provided in para-
graph (2), the punishment for an offense under this sec-
tion is imprisonment for not more than ten years. 
‘‘(2) The court may impose an alternate fine to that 
imposable under paragraph (1) of not more than twice the 
amount of the criminally derived property involved in the 
transaction. 
‘‘(c) PROOF.—In a prosecution for an offense under 
this section, the Government is not required to prove the 
defendant knew that the offense from which the criminally 
derived property was derived was specified unlawful activ-
ity. 
‘‘(d) APPLICABILITY.—Subsection (a) applies if— 
‘‘(1) that the offense under this section takes 
place in the United States or in the special maritime 
and territorial jurisdiction of the United States; or 
‘‘(2) that the offense under this section takes 
place outside the United States and such special ju-
risdiction, but the defendant is a United States per-
son (as defined in section 3077, but excluding the 
class described in paragraph (2)(D) of such section). 
‘‘(e) INVESTIGATIVE AUTHORITY.—Violations of this 
section may be investigated by such components of the De-
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partment of Justice as the Attorney General may direct, 
and by such components of the Department of the Treas-
ury as the Secretary of the Treasury may direct, as appro-
priate, and, with respect to offenses over which the De-
partment of Homeland Security has jurisdiction, by such 
components of the Department of Homeland Security as 
the Secretary of Homeland Security may direct, and, with 
respect to offenses over which the United States Postal 
Service has jurisdiction, by the Postal Service. Such au-
thority of the Secretary of the Treasury, the Secretary of 
Homeland Security, and the Postal Service shall be exer-
cised in accordance with an agreement which shall be en-
tered into by the Secretary of the Treasury, the Secretary 
of Homeland Security, the Postal Service, and the Attor-
ney General. 
‘‘(f) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘monetary transaction’ means the 
deposit, withdrawal, transfer, or exchange, in or af-
fecting interstate or foreign commerce, of funds or 
a monetary instrument (as defined in section 
1451(c)(5)) by, through, or to a financial institution 
(as defined in section 1451), including any trans-
action that would be a financial transaction under 
section 1451(c)(4)(B), but such term does not in-
clude any transaction necessary to preserve a per-
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son’s right to representation as guaranteed by the 
sixth amendment to the Constitution; 
‘‘(2) the term ‘criminally derived property’ 
means any property constituting, or derived from, 
proceeds obtained from a criminal offense; and 
‘‘(3) the terms ‘specified unlawful activity’ and 
‘proceeds’ shall have the meaning given those terms 
in section 1451. 
‘‘§ 1453. Structuring transactions to evade reporting 
requirement prohibited 
‘‘(a) DOMESTIC
COIN
AND
CURRENCY
TRANS-
ACTIONS INVOLVING FINANCIAL INSTITUTIONS.—No per-
son shall, for the purpose of evading the reporting require-
ments of section 5313(a) or 5325 of title 31 or any regula-
tion prescribed under any such section, the reporting or 
recordkeeping requirements imposed by any order issued 
under section 5326 of that title, or the recordkeeping re-
quirements imposed by any regulation prescribed under 
section 21 of the Federal Deposit Insurance Act or section 
123 of Public Law 91–508— 
‘‘(1) cause or attempt to cause a domestic fi-
nancial institution to fail to file a report required 
under section 5313(a) or 5325 of title 31 or any 
regulation prescribed under any such section, to file 
a report or to maintain a record required by an 
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order issued under section 5326 of title 31, or to 
maintain a record required pursuant to any regula-
tion prescribed under section 21 of the Federal De-
posit Insurance Act or section 123 of Public Law 
91–508; 
‘‘(2) cause or attempt to cause a domestic fi-
nancial institution to file a report required under 
section 5313(a) or 5325 of title 31 or any regulation 
prescribed under any such section, to file a report or 
to maintain a record required by any order issued 
under section 5326 of title 31, or to maintain a 
record required pursuant to any regulation pre-
scribed under section 5326 of title 31, or to main-
tain a record required pursuant to any regulation 
prescribed under section 21 of the Federal Deposit 
Insurance Act or section 123 of Public Law 91–508, 
that contains a material omission or misstatement of 
fact; or 
‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any 
transaction with one or more domestic financial in-
stitutions. 
‘‘(b) DOMESTIC
COIN
AND
CURRENCY
TRANS-
ACTIONS INVOLVING NONFINANCIAL TRADES OR BUSI-
NESSES.—No person shall, for the purpose of evading the 
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report requirements of section 5331 of title 31 or any reg-
ulation prescribed under such section— 
‘‘(1) cause or attempt to cause a nonfinancial 
trade or business to fail to file a report required 
under section 5331 of title 31 or any regulation pre-
scribed under such section; 
‘‘(2) cause or attempt to cause a nonfinancial 
trade or business to file a report required under sec-
tion 5331 of title 31 or any regulation prescribed 
under such section that contains a material omission 
or misstatement of fact; or 
‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any 
transaction with 1 or more nonfinancial trades or 
businesses. 
‘‘(c) 
INTERNATIONAL
MONETARY
INSTRUMENT 
TRANSACTIONS.—No person shall, for the purpose of 
evading the reporting requirements of section 5316 of title 
31— 
‘‘(1) fail to file a report required by section 
5316 of title 31, or cause or attempt to cause a per-
son to fail to file such a report; 
‘‘(2) file or cause or attempt to cause a person 
to file a report required under section 5316 of title 
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that 
contains 
a 
material 
omission 
or 
misstatement of fact; or 
‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any im-
portation or exportation of monetary instruments. 
‘‘(d) CRIMINAL PENALTY.— 
‘‘(1) IN GENERAL.—Whoever violates this sec-
tion shall be imprisoned for not more than 5 years. 
‘‘(2) ENHANCED
PENALTY
FOR
AGGRAVATED 
CASES.—Whoever violates this section while violating 
another law of the United States or as part of a pat-
tern of any illegal activity involving more than 
$100,000 in a 12-month period shall be imprisoned 
for not more than 10 years. 
‘‘§ 1454. Bulk cash smuggling into or out of the 
United States 
‘‘(a) CRIMINAL OFFENSE.— 
‘‘(1) IN GENERAL.—Whoever, with the intent to 
evade a currency reporting requirement under sec-
tion 5316 of title 31, knowingly conceals more than 
$10,000 in currency or other monetary instruments 
on the person of such individual or in any convey-
ance, article of luggage, merchandise, or other con-
tainer, and transports or transfers or attempts to 
transport or transfer such currency or monetary in-
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struments from a place within the United States to 
a place outside of the United States, or from a place 
outside the United States to a place within the 
United States, shall be guilty of a currency smug-
gling offense and imprisoned for not more than 5 
years. 
‘‘(2) CONCEALMENT
ON
PERSON.—For pur-
poses of this section, the concealment of currency on 
the person of any individual includes concealment in 
any article of clothing worn by the individual or in 
any luggage, backpack, or other container worn or 
carried by such individual. 
‘‘CHAPTER 37—PRIVACY 
‘‘Subchapter 
‘‘A. Privacy 
‘‘B. Wire and electronic communications interception and interception of oral 
communications 
‘‘C. Stored wire and electronic communications and transactional records access 
‘‘D. Prohibition on release and use of certain personal information from State 
motor vehicle records 
‘‘E. Identity theft 
‘‘SUBCHAPTER A—PRIVACY 
‘‘Sec. 
‘‘1481. Video voyeurism. 
‘‘§ 1481. Video voyeurism 
‘‘(a) OFFENSE.—Whoever, in the special maritime 
and territorial jurisdiction of the United States, has the 
intent to capture an image of a private area of an indi-
vidual without their consent, and knowingly does so under 
circumstances in which the individual has a reasonable ex-
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pectation of privacy, shall be imprisoned not more than 
one year. 
‘‘(b) DEFINITIONS FOR SECTION.—As used in this 
section— 
‘‘(1) the term ‘capture’, with respect to an 
image, means to videotape, photograph, film, record 
by any means, or broadcast; 
‘‘(2) the term ‘broadcast’ means to electroni-
cally transmit a visual image with the intent that it 
be viewed by a person or persons; 
‘‘(3) the term ‘a private area of the individual’ 
means the naked or undergarment clad genitals, 
pubic area, buttocks, or female breast of that indi-
vidual; 
‘‘(4) the term ‘female breast’ means any portion 
of the female breast below the top of the areola; and 
‘‘(5) the term ‘under circumstances in which 
that individual has a reasonable expectation of pri-
vacy’ means— 
‘‘(A) circumstances in which a reasonable 
person would believe that he or she could dis-
robe in privacy, without being concerned that 
an image of a private area of the individual was 
being captured; or 
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