dreamproit/uscode huggingface dataset:
18 U.S.C. § 2258 (CRIMES AND CRIMINAL PROCEDURE)
§ 2258. Failure to report child abuse
A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, or a covered individual as described in subsection (a)(2) of such section 226 who, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both.
(Added Pub. L. 101–647, title II, § 226(g)(1), Nov. 29, 1990, 104 Stat. 4808; amended Pub. L. 109–248, title II, § 209, July 27, 2006, 120 Stat. 615; Pub. L. 115–126, title I, § 101(b), Feb. 14, 2018, 132 Stat. 319.)
heading: Editorial Notes
heading: References in Text
text: Section 226 of the Victims of Child Abuse Act of 1990, referred to in text, is classified to section 20341 of Title 34, Crime Control and Law Enforcement.
heading: Codification
text: Another section 2258 was renumbered section 2260 of this title.
heading: Amendments
text: 2018—Pub. L. 115–126 inserted “or a covered individual as described in subsection (a)(2) of such section 226 who,” after “facility,”.
2006—Pub. L. 109–248 substituted “fined under this title or imprisoned not more than 1 year or both” for “guilty of a Class B misdemeanor”.
18 U.S.C. § 2258B (CRIMES AND CRIMINAL PROCEDURE)
§ 2258B. Limited liability for providers or domain name registrars
(a) In General.—
Except as provided in subsection (b), a civil claim or criminal charge against a provider or domain name registrar, including any director, officer, employee, or agent of such provider or domain name registrar arising from the performance of the reporting or preservation responsibilities of such provider or domain name registrar under this section, section 2258A, or section 2258C may not be brought in any Federal or State court.
(b) Intentional, Reckless, or Other Misconduct.—
Subsection (a) shall not apply to a claim if the provider or domain name registrar, or a director, officer, employee, or agent of that provider or domain name registrar—
(1) engaged in intentional misconduct; or
(2) acted, or failed to act—
(A) with actual malice;
(B) with reckless disregard to a substantial risk of causing physical injury without legal justification; or
(C) for a purpose unrelated to the performance of any responsibility or function under this section,1 sections 2258A, 2258C, 2702, or 2703.
(c) Minimizing Access.—
A provider and domain name registrar shall—
(1) minimize the number of employees that are provided access to any visual depiction provided under section 2258A or 2258C; and
(2) ensure that any such visual depiction is permanently destroyed, upon a request from a law enforcement agency to destroy the visual depiction.
(Added Pub. L. 110–401, title V, § 501(a), Oct. 13, 2008, 122 Stat. 4248; amended Pub. L. 115–395, § 3, Dec. 21, 2018, 132 Stat. 5292.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–395, § 3(1), substituted “providers, or domain name registrars” for “electronic communication service providers, remote computing service providers, or domain name registrar” in section catchline.
Subsec. (a). Pub. L. 115–395, § 3(2), substituted “a provider” for “an electronic communication service provider, a remote computing service provider,” and substituted “such provider” for “such electronic communication service provider, remote computing service provider,” in two places.
Subsec. (b). Pub. L. 115–395, § 3(3), substituted “provider” for “electronic communication service provider, remote computing service provider,” in two places in introductory provisions.
Subsec. (c). Pub. L. 115–395, § 3(4), substituted “A provider” for “An electronic communication service provider, a remote computing service provider,” in introductory provisions and “visual depiction” for “image” wherever appearing in pars. (1) and (2).
18 U.S.C. § 2258D (CRIMES AND CRIMINAL PROCEDURE)
§ 2258D. Limited liability for NCMEC
(a) In General.—
Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293), or from the efforts of NCMEC to identify child victims may not be brought in any Federal or State court.
(b) Intentional, Reckless, or Other Misconduct.—
Subsection (a) shall not apply to a claim or charge if NCMEC, or a director, officer, employee, or agent of NCMEC—
(1) engaged in intentional misconduct; or
(2) acted, or failed to act—
(A) with actual malice;
(B) with reckless disregard to a substantial risk of causing injury without legal justification; or
(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293).
(c) Ordinary Business Activities.—
Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management.
(d) Minimizing Access.—
NCMEC shall—
(1) minimize the number of employees that are provided access to any visual depiction provided under section 2258A; and
(2) ensure that any such visual depiction is permanently destroyed upon notification from a law enforcement agency.
(Added Pub. L. 110–401, title V, § 501(a), Oct. 13, 2008, 122 Stat. 4250; amended Pub. L. 115–395, § 5, Dec. 21, 2018, 132 Stat. 5294.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–395, § 5(1), substituted “NCMEC” for “the National Center for Missing and Exploited Children” in section catchline.
Subsec. (a). Pub. L. 115–395, § 5(2), substituted “Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided” for “Except as provided”, “against NCMEC” for “against the National Center for Missing and Exploited Children”, “(34 U.S.C. 11293)” for “(42 U.S.C. 5773)”, “of NCMEC” for “of such center” wherever appearing, and “from the efforts” for “from the effort”.
Subsec. (b). Pub. L. 115–395, § 5(3), substituted “if NCMEC” for “if the National Center for Missing and Exploited Children”, “of NCMEC” for “of such center”, and “(34 U.S.C. 11293)” for “(42 U.S.C. 5773)”.
Subsec. (d). Pub. L. 115–395, § 5(4), substituted “NCMEC” for “The National Center for Missing and Exploited Children” in introductory provisions and “visual depiction” for “image” in pars. (1) and (2).
18 U.S.C. § 2258E (CRIMES AND CRIMINAL PROCEDURE)
§ 2258E. Definitions
In sections 2258A through 2258E—
(1) the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;
(2) the term “electronic communication service” has the meaning given that term in section 2510;
(3) the term “electronic mail address” has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 (15 U.S.C. 7702);
(4) the term “Internet” has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note);
(5) the term “remote computing service” has the meaning given that term in section 2711;
(6) the term “provider” means an electronic communication service provider or remote computing service;
(7) the term “NCMEC” means the National Center for Missing & Exploited Children; and
(8) the term “website” means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.
(Added Pub. L. 110–401, title V, § 501(a), Oct. 13, 2008, 122 Stat. 4250; amended Pub. L. 115–395, § 6, Dec. 21, 2018, 132 Stat. 5294.)
heading: Editorial Notes
heading: References in Text
text: The Federal Rules of Criminal Procedure, referred to in par. (1), are set out in the Appendix to this title.
Section 1101 of the Internet Tax Freedom Act, referred to in par. (4), is section 1101 of title XI of div. C of Pub. L. 105–277, which is set out in a note under section 151 of Title 47, Telecommunications.
heading: Amendments
text: 2018—Pub. L. 115–395, § 6(1), substituted “2258E” for “2258D” in introductory provisions.
Pars. (6) to (8). Pub. L. 115–395, § 6(2)–(4), added pars. (6) and (7) and redesignated former par. (6) as (8).
18 U.S.C. § 2259B (CRIMES AND CRIMINAL PROCEDURE)
§ 2259B. Child pornography victims reserve
(a) Deposits Into the Reserve.—
Notwithstanding any other provision of law, there shall be deposited into the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals.
(b) Availability for Defined Monetary Assistance.—
Amounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to section 2259(d). If at any time the Child Pornography Victims Reserve has insufficient funds to make all of the payments ordered under section 2259(d), the Child Pornography Victims Reserve shall make such payments as it can satisfy in full from available funds. In determining the order in which such payments shall be made, the Child Pornography Victims Reserve shall make payments based on the date they were ordered, with the earliest-ordered payments made first.
(c) Administration.—
The Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section.
(d) Sense of Congress.—
It is the sense of Congress that individuals who violate this chapter prior to the date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, but who are sentenced after such date, shall be subject to the statutory scheme that was in effect at the time the offenses were committed.
(Added Pub. L. 115–299, § 5(c), Dec. 7, 2018, 132 Stat. 4387.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, referred to in subsec. (d), is the date of enactment of Pub. L. 115–299, which was approved Dec. 7, 2018.
18 U.S.C. § 2265A (CRIMES AND CRIMINAL PROCEDURE)
§ 2265A. Repeat offenders
(a) Maximum Term of Imprisonment.—
The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.
(b) Definition.—
For purposes of this section—
(1) the term “prior domestic violence or stalking offense” means a conviction for an offense—
(A) under section 2261, 2261A, or 2262 of this chapter; or
(B) under State or tribal law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce; and
(2) the term “State” means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
(Added Pub. L. 109–162, title I, § 115, Jan. 5, 2006, 119 Stat. 2988; amended Pub. L. 113–4, title IX, § 906(c), Mar. 7, 2013, 127 Stat. 125.)
heading: Editorial Notes
heading: Amendments
text: 2013—Subsec. (b)(1)(B). Pub. L. 113–4 inserted “or tribal” after “State”.
18 U.S.C. § 2271 (CRIMES AND CRIMINAL PROCEDURE)
§ 2271. Conspiracy to destroy vessels
Whoever, on the high seas, or within the United States, willfully and corruptly conspires, combines, and confederates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafter underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; or
Whoever, within the United States, builds, or fits out any vessel to be cast away or destroyed, with like intent—
Shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 803; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 487 (Mar. 4, 1909, ch. 321, § 296, 35 Stat. 1146).
Mandatory punishment provision was rephrased in the alternative.
Reference to a person who “aids in building or fitting out any vessel” was omitted as unnecessary in view of section 2 making all aiders guilty as principal.
Changes in phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in last par.
18 U.S.C. § 2274 (CRIMES AND CRIMINAL PROCEDURE)
§ 2274. Destruction or misuse of vessel by person in charge
Whoever, being the owner, master or person in charge or command of any private vessel, foreign or domestic, or a member of the crew or other person, within the territorial waters of the United States, willfully causes or permits the destruction or injury of such vessel or knowingly permits said vessel to be used as a place of resort for any person conspiring with another or preparing to commit any offense against the United States, or any offense in violation of the treaties of the United States or of the obligations of the United States under the law of nations, or to defraud the United States; or knowingly permits such vessels to be used in violation of the rights and obligations of the United States under the law of nations, shall be fined under this title or imprisoned not more than ten years, or both.
In case such vessels are so used, with the knowledge of the owner or master or other person in charge or command thereof, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws.
(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on section 193 of title 50, U.S.C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title II, § 3, 40 Stat. 220; Mar. 28, 1940, ch. 72, § 3(b), 54 Stat. 79).
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000” in first par.
18 U.S.C. § 2275 (CRIMES AND CRIMINAL PROCEDURE)
§ 2275. Firing or tampering with vessels
Whoever sets fire to any vessel of foreign registry, or any vessel of American registry entitled to engage in commerce with foreign nations, or to any vessel of the United States, or to the cargo of the same, or tampers with the motive power of instrumentalities of navigation of such vessel, or places bombs or explosives in or upon such vessel, or does any other act to or upon such vessel while within the jurisdiction of the United States, or, if such vessel is of American registry, while she is on the high sea, with intent to injure or endanger the safety of the vessel or of her cargo, or of persons on board, whether the injury or danger is so intended to take place within the jurisdiction of the United States, or after the vessel shall have departed therefrom and whoever attempts to do so shall be fined under this title or imprisoned not more than twenty years, or both.
(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 502 (June 15, 1917, ch. 30, title III, § 1, 40 Stat. 221).
Words “as defined in section 501 of this title,” were omitted in view of section 9 of this title, defining vessel of the United States.
Last sentence of said section 502, defining “United States”, was incorporated in section 5 of this title.
Provision prohibiting conspiracy was deleted as adequately covered by the general conspiracy statute, section 371 of this title.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
18 U.S.C. § 2276 (CRIMES AND CRIMINAL PROCEDURE)
§ 2276. Breaking and entering vessel
Whoever, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State, breaks or enters any vessel with intent to commit any felony, or maliciously cuts, spoils, or destroys any cordage, cable, buoys, buoy rope, head fast, or other fast, fixed to the anchor or moorings belonging to any vessel, shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 490 (Mar. 4, 1909, ch. 321, § 299, 35 Stat. 1147).
Mandatory punishment provision was rephrased in the alternative.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
18 U.S.C. § 2277 (CRIMES AND CRIMINAL PROCEDURE)
§ 2277. Explosives or dangerous weapons aboard vessels
(a) Whoever brings, carries, or possesses any dangerous weapon, instrument, or device, or any dynamite, nitroglycerin, or other explosive article or compound on board of any vessel documented under the laws of the United States, or any vessel purchased, requisitioned, chartered, or taken over by the United States pursuant to the provisions of Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, without previously obtaining the permission of the owner or the master of such vessel; or
Whoever brings, carries, or possesses any such weapon or explosive on board of any vessel in the possession and under the control of the United States or which has been seized and forfeited by the United States or upon which a guard has been placed by the United States pursuant to the provisions of section 191 1 of Title 50, without previously obtaining the permission of the captain of the port in which such vessel is located, shall be fined under this title or imprisoned not more than one year, or both.
(b) This section shall not apply to the personnel of the Armed Forces of the United States or to officers or employees of the United States or of a State or of a political subdivision thereof, while acting in the performance of their duties, who are authorized by law or by rules or regulations to own or possess any such weapon or explosive.
(June 25, 1948, ch. 645, 62 Stat. 804; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–304, § 17(d)(6), Oct. 6, 2006, 120 Stat. 1707.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., §§ 503, 504 (Dec. 31, 1941, ch. 642, §§ 1, 2, 55 Stat. 876).
Section consolidates sections 503 and 504 of title 18, U.S.C., 1940 ed.
Words “This section” were substituted in subsection (b) for the words “The provisions of sections 503, 504 of this title”.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: References in Text
text: Act June 6, 1941, ch. 174, 55 Stat. 242, as amended, referred to in subsec. (a), expired July 1, 1953.
Section 191 of Title 50, referred to in subsec. (a), was redesignated and transferred to section 70051 of Title 46, Shipping, by Pub. L. 115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–304 substituted “documented” for “registered, enrolled, or licensed”.
1994—Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in second par.
18 U.S.C. § 2278 (CRIMES AND CRIMINAL PROCEDURE)
§ 2278. Explosives on vessels carrying steerage passengers
Whoever, being the master of a steamship or other vessel referred to in section 151 of Title 46, except as otherwise expressly provided by law, takes, carries, or has on board of any such vessel any nitroglycerin, dynamite, or any other explosive article or compound, or any vitriol or like acids, or gunpowder, except for the ship’s use, or any article or number of articles, whether as a cargo or ballast, which, by reason of the nature or quantity or mode of storage thereof, shall, either singly or collectively, be likely to endanger the health or lives of the passengers or the safety of the vessel, shall be fined under this title or imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 805; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on section 171 of title 46, U.S.C., 1940 ed., Shipping (Aug. 2, 1882, ch. 374, § 8, 22 Stat. 189).
Words “except as otherwise expressly provided by law” were inserted to remove obvious inconsistency between sections 831–835 of this title, section 170 of title 46, U.S.C., 1940 ed., Shipping, and this section.
Words “shall be deemed guilty of a misdemeanor and” were omitted because designation of the offense as a misdemeanor is unnecessary in view of definitive section 1 of this title.
Mandatory punishment provision was rephrased in the alternative.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: References in Text
text: Section 151 of Title 46, referred to in text, which was based on section 1 of act Aug. 2, 1882, ch. 374, 22 Stat. 186, as amended, was repealed by Pub. L. 98–89, Aug. 26, 1983, § 4(b), 97 Stat. 599.
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.