Child Protection Act of 1984
PL 98-292 (H.R.3635), enacted 05/21/1984

98 STAT. 204 
PUBLIC LAW 98-292—MAY 21, 1984 
Public Law 98-292 
98th Congress 
'0k 
-C'l'lfi' 
An Act 
May 21, 1984 
[H.R. 3635] 
Child Protection 
Act of 1984. 
18 u s e 2251 
note. 
18 u s e 2251 
note. 
Child 
pornography. 
Penalties. 
Penalties. 
To amend chapter 110 (relating to sexual exploitation of children) of title 18 of the 
United States Code, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Child Protection Act of 1984". 
SEC. 2. The Congress finds that— 
(1) child pornography has developed into a highly organized, 
multi-million-dollar industry which operates on a nationwide 
scale; 
(2) thousands of children including large numbers of runaway 
and homeless youth are exploited in the production and distri-
bution of pornographic materials; and 
(3) the use of children as subjects of pornographic materials is 
harmful to the physiological, emotional, and mental health of 
the individual child and to society. 
SEC 3. Section 2251 of title 18 of the United States Code is 
amended— 
(1) by striking out "visual or print medium" each place it 
appears and inserting "visual depiction" in lieu thereof; 
(2) by striking out "depicting" each place it appears and 
inserting "of in lieu thereof; 
(3) by striking out "person" each place it appears in subsec-
tion (c) and inserting "individual" in lieu thereof; 
(4) by striking out "$10,000" and inserting "$100,000" in lieu 
thereof; 
(5) by striking out "$15,000" and inserting "$200,000" in lieu 
thereof; and 
(6) by adding at the end of subsection (c) the following: "Any 
organization which violates this section shall be fined not more 
than $250,000.". 
SEC 4. Section 2252 of title 18 of the United States Code is 
amended— 
(1) by striking out ", for the purpose of sale or distribution for 
sale"; 
(2) by striking out "for the purpose of sale or distribution for 
sale" the second place it appears; 
(3) by striking out "obscene" each place it appears; 
(4) by striking out "visual or print medium" each place it 
appears and inserting "visual depiction" in lieu thereof; 
(5) by striking out "depicts" each place it appears and insert-
ing "is o f in lieu thereof; 
(6) by striking out "or knowingly sells or distributes for sale" 
and inserting in lieu thereof "or distributes"; 
(7) by inserting after "mailed" the following: "or knowingly 
reproduces any visual depiction for distribution in interstate or 
foreign commerce or through the mails"; 
PUBLIC LAW 98-292—MAY 21, 1984 
98 STAT. 205 
(8) by striking out "person" each place it appears in subsec-
tion (b) and inserting "individual" in lieu thereof; 
(9) by striking out "$10,000" and inserting "$100,000" in lieu 
thereof; 
(10) by striking out "$15,000" and inserting "$200,000" in lieu 
thereof; and 
(11) by adding at the end of subsection (b) the following: "Any 
organization which violates this section shall be fined not more 
than $250,000.". 
SEC. 5. (a) Section 2253 of title 18 of the United States Code is 
amended— 
(1) in paragraph (1), by striking out "sixteen" and inserting 
"eighteen" in lieu thereof; 
(2) by striking out "sado-masochistic" and inserting "sadistic 
or masochistic" in lieu thereof; 
(3) by striking out "(for the purpose of sexual stimulation)"; 
and 
(4) by striking out "lewd" and inserting "lascivious" in lieu 
thereof; 
(5) by striking out ", for pecuniary profit"; and 
(6) by amending paragraph (4) to read as follows: 
"(4) 'organization' means a person other than an individual.". 
(b) Section 2253 of title 18 of the United States Code, as amended 
by subsection (a) is redesignated as section 2255. 
SEC. 6. Chapter 110 of title 18 of the United States Code is 
amended by inserting after section 2252 the following: 
"§ 2253. Criminal forfeiture 
"(a) A person who is convicted of an offense under section 2251 or 
2252 of this title shall forfeit to the United States such person's 
interest in— 
"(1) any property constituting or derived from gross profits or 
other proceeds obtained from such offense; and 
"(2) any property used, or intended to be used, to commit such 
offense. 
"(b) In any action under this section, the court may enter such 
restraining orders or take other appropriate action (including 
acceptance of performance bonds) in connection with any interest 
that is subject to forfeiture. 
"(c) The court shall order forfeiture of property referred to in 
subsection (a) if the trier of fact determines, beyond a reasonable 
doubt, that such property is subject to forfeiture. 
"(d)(1) Except as provided in paragraph (3) of this subsection, the 
customs laws relating to disposition of seized or forfeited property 
shall apply to property under this section, if such laws are not 
inconsistent with this section. 
"(2) In any disposition of property under this section, a convicted 
person shall not be permitted to acquire property forfeited by such 
person. 
"(3) The duties of the Secretary of the Treasury with respect to 
dispositions of property shall be performed under paragraph (1) of 
this subsection by the Attorney General, unless such duties arise 
from forfeitures effected under the customs laws. 
"§ 2254. Civil forfeiture 
"(a) The following property shall be subject to forfeiture by the 
United States: 
18 use 2255. 
18 use 2253. 
Property 
forfeiture. 
Ante, p. 204. 
18 use 2254. 
Property 
forfeiture. 
98 STAT. 206 
PUBLIC LAW 98-292—MAY 21, 1984 
Customs law. 
Report. 
28 u s e 522 note. 
18 u s e 2251 et 
seq. 
"(1) Any material or equipment used, or intended for use, in 
producing, reproducing, transporting, shipping, or receiving any 
visual depiction in violation of this chapter. 
"(2) Any visual depiction produced, transported, shipped, or 
received in violation of this chapter, or any material containing 
such depiction. 
"(3) Any property constituting or derived from gross profits or 
other proceeds obtained from a violation of this chapter, except 
that no property shall be forfeited under this paragraph, to the 
extent of the interest of an owner, by reason of any act or 
omission established by that owner to have been committed or 
omitted without the knowledge or consent of that owner. 
"(b) All provisions of the customs law relating to the seizure, 
summary and judicial forfeiture, and condemnation of property for 
violation of the customs laws, the disposition of such property or the 
proceeds from the sale thereof, the remission or mitigation of such 
forfeitures, and the compromise of claims, shall apply to seizures 
and forfeitures incurred, or alleged to have been incurred, under 
this section, insofar as applicable and not inconsistent with the 
provisions of this section, except that such duties as are imposed 
upon the customs officer or any other person with respect to the 
seizure and forfeiture of property under the customs laws shall be 
performed with respect to seizures and forfeitures of property under 
this section by such officers, agents, or other persons as may be 
authorized or designated for that purpose by the Attorney General, 
except to the extent that such duties arise from seizures and forfeit-
ures effected by any customs officer.". 
SEC. 7. The table of sections at the beginning of chapter 110 of title 
18 of the United States Code is amended— 
(1) by inserting after the item relating to section 2252 the 
following new items: 
"2253. Criminal forfeiture. 
"2254. Civil forfeiture."; 
and 
(2) by redesignating the item relating to section 2253 as 2255. 
SEC. 8. Section 2516(l)(c) of title 18 of the United States Code is 
amended by inserting "sections 2251 and 2252 (sexual exploitation of 
children)," after "section 664 (embezzlement from pension and wel-
fare funds),". 
SEC. 9. Beginning one hundred and twenty days after the date of 
enactment of this Act, and every year thereafter, the Attorney 
General shall report to the Congress on prosecutions, convictions, 
and forfeitures under chapter 110 of title 18 of the United States 
Code. 
Approved May 21, 1984. 
LEGISLATIVE HISTORY—H.R. 3635 (S. 1469): 
HOUSE REPORT No. 98-536 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): Nov. 14, considered and passed House. 
Vol. 130 (1984): Mar. 30, considered and passed Senate, amended. 
May 8, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 21 (1984): 
May 21, Presidential statement.