An Act to amend title 18 of the United States Code relating to the sexual exploitation of minors, and for other purposes.
PL 95-225 (S.1585), enacted 02/06/1978

PUBLIC LAW 95-225—FEB. 6, 1978 
92 STAT. 7 
Public Law 95-225 
95th Congress 
An Act 
Feb. 6, 1978 
[S. 1585] 
Protection of 
Children Against 
Sexual 
Exploitation Act 
of 1977. 
18 use 2251 
note. 
18 use 2251. 
To amend title 18 of the United States Code relating to the sexual exploitation of 
minors, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may be 
cited as the "Protection of Children Against Sexual Exploitation Act 
of 1977". 
SEC. 2. (a) Title 18, United States Code, is amended by inserting 
immediately after chapter 109 the following: 
"Chapter 110—SEXUAL EXPLOITATION OF CHILDREN 
"See. 
"2251. Sexual exploitation of children. 
"2252. Certain activities relating to material involving the sexual exploitation 
of minors. 
"2253. Definitions for chapter. 
"§ 2251. Sexual exploitation of children 
"(a) Any person who employs, uses, persuades, induces, entices, or 
coerces any minor to engage in, or who has a minor assist any other 
person to engage in, any sexually exjilicit conduct for the purjiose of 
producing any visual or print medium depicting such conduct, shall 
be punished as provided under subsection (c), if such person knows 
or has reason to know that such visual or print medium will be trans-
ported in interstate or foreign commerce or mailed, or if such visual or 
print medium has actually been transported in interstate or foreign 
commerce or mailed. 
"(b) Any parent, legal guardian, or person having custody or con-
trol of a minor who knowingly permits such minor to engage in, or to 
assist any otlier person to engage in, sexually explicit conduct for the 
jnirpose of producing any visual or print medium depicting such con-
duct shall be punished as provided under subsection (c) of this section, 
if such parent, legal guardian, or person knows or has reason to know 
that such visual or print medium will be transported in interstate or 
foreign commerce or mailed or if such visual or print medium has actu-
ally been transported in interstate or foreign commerce or mailed. 
"(c) Any person who violates this section shall be fined not more 
than $10,000. or imprisoned not more than 10 years, or both, but, if 
such person has a prior conviction under this section, such person shall 
be fined not more than $15,000, or imprisoned not less than two years 
nor more than 15 years, or both. 
"§ 2252. Certain activities relating to material involving the sexual 
18 USC 2252. 
exploitation of minors 
"(a) Any person Avho— 
"(1) knowingly transports or ships in interstate or foreign 
commerce or mails, for the purpose of sale or distribution for 
sale, any obscene visual or print medium, if— 
" ( A ) the producing of such visual or print medium 
involves the use of a minor engaging in sexually explicit 
conduct; and 
Penalty. 
Interstate or 
foreign 
commerce, sale 
and distribution 
prohibition. 
92 STAT. 8 
PUBLIC LAW 95-225—FEB. 6, 1978 
Penalty. 
18 use 2253. 
Interstate or 
foreign 
commerce, 
transportation 
prohibition. 
Penalty. 
"(B) such visual or print medium depicts such conduct; 
or 
"(2) knowingly receives for the purpose of sale or distribution 
for sale, or knowingly sells or distributes for sale, any obscene 
visual or print medium that has been transported or shipped in 
interstate or foreign conunerce or mailed, if— 
"(A) the producing of such visual or print medium 
involves the use of a minor engaging in sexually explicit 
conduct; and 
"(B) such visual or print medium depicts such conduct; 
shall be punished as provided in subsection (b) of this section. 
"(b) Any person who violates this section shall be fined not more 
than $10,000, or imprisoned not more than 10 years, or both, but, if 
such person has a prior conviction under this section, such person shall 
be fined not more than $15,000, or imprisoned not less than two years 
nor more than 15 years, or both. 
"§ 2253. Definitions for chapter 
"For the purposes of this chapter, the term— 
"(1) 'minor' means any person under the age of sixteen years; 
"(2) 'sexually explicit conduct' means actual or simulated— 
"(A) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons 
of the same or opposite sex; 
"(B) bestiality; 
. 
: 
"(C) masturbation; 
"(D) sado-masochistic abuse (for the purpose of sexual 
stimulation); or 
"(E) lewd exhibition of the genitals or pubic area of any 
person; 
"(3) 'producing' means producing, directing, manufacturing, 
t issuing, publishing, or advertising, for pecuniary profit; and 
"(4) 'visual or print medium' means any film, photograph, 
negative, slide, book, magazine, or other visual or print medium.", 
(b) The table of chapters for title 18, United States Code, and 
for part I of title 18, United States Code, are each amended by insert-
ing immediately after the item relating to chapter 109 the following: 
"110. 
Sexual exploitation of children 
2251". 
SEC. 3. (a) Section 2423 of title 18, United States Code, is amended 
to read as follows: 
"§2423. Transportation of minors 
"(a) Any person who transports, finances in whole or part the 
transportation of, or otherwise causes or facilitates the movement of, 
any minor in interstate or foreign commerce, or within the District 
of Columbia or any territory or other possession of the United States, 
with the intent— 
" (1) that such minor engage in prostitution; or 
"(2) that such minor engage in prohibited sexual conduct, if 
•' such person so transporting, financing, causing, or facilitating 
movement knows or has reason to know that such prohibited 
sexual conduct will be commercially exploited by any person; 
shall be fined not more than $10,000 or imprisoned not more than ten 
years, or both. 
PUBLIC LAW 95-225—FEB. 6, 1978 
92 STAT. 9 
"(b) As used in this section— 
" (1) the term 'minor' means a person under the age of eighteen 
years; 
" (2) the term 'prohibited sexual conduct' means— 
" ( A ) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons 
of the same or opposite sex; 
• 
"(B) bestiality; 
"(C) masturbation; 
" ( D ) sado-masochistic abuse (for the purpose of sexual 
- 
stimulation); or 
" ( E ) lewd exhibition of the genitals or pubic area of any 
person; and 
" (3) the term 'commercial exploitation' means having as a direct 
or indirect goal monetary or other material gain.", 
(b) The table of sections for chapter 117 of title 18, United States 
Code, is amended by striking out the item relating to section 2423 and 
inserting in lieu thereof the following: 
"2423. Transportation of minors.". 
SEC. 4. If any provision of this Act or the application thereof to 
any person or circumstances is held invalid, the remainder of the Act 
and the application of the provision to other persons not similarly 
situated or to other circumstances shall not be affected thereby. 
Approved February 6, 1978. 
Definitions. 
Severability. 
18 use 2251 
note. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-696 accompanying H.R. 8059 (Comm. on the Judiciary) and 
No. 95-811 (Comm. of Conference). 
SENATE REPORTS: No. 95-438 (Comm. on the Judiciary) and No. 95-601 (Comm. of 
Conference). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Oct. 10, considered and passed Senate. 
Oct. 25, considered and passed House, amended, in lieu of H.R. 
8059. 
Nov. 4, Senate agreed to conference report. 
Vol. 124 (1978): Jan. 24, House agreed to conference report.