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CITE

    18 USC Sec. 2252A                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

HEAD

    Sec. 2252A. Certain activities relating to material constituting or
      containing child pornography

STATUTE

      (a) Any person who -
        (1) knowingly mails, or transports or ships using any means or
      facility of interstate or foreign commerce or in or affecting
      interstate or foreign commerce by any means, including by
      computer, any child pornography;
        (2) knowingly receives or distributes -
          (A) any child pornography that has been mailed, or using any
        means or facility of interstate or foreign commerce shipped or
        transported in or affecting interstate or foreign commerce by
        any means, including by computer; or
          (B) any material that contains child pornography that has
        been mailed, or using any means or facility of interstate or
        foreign commerce shipped or transported in or affecting
        interstate or foreign commerce by any means, including by
        computer;
        (3) knowingly -
          (A) reproduces any child pornography for distribution through
        the mails, or using any means or facility of interstate or
        foreign commerce or in or affecting interstate or foreign
        commerce by any means, including by computer; or
          (B) advertises, promotes, presents, distributes, or solicits
        through the mails, or using any means or facility of interstate
        or foreign commerce or in or affecting interstate or foreign
        commerce by any means, including by computer, any material or
        purported material in a manner that reflects the belief, or
        that is intended to cause another to believe, that the material
        or purported material is, or contains -
            (i) an obscene visual depiction of a minor engaging in
          sexually explicit conduct; or
            (ii) a visual depiction of an actual minor engaging in
          sexually explicit conduct;
        (4) either -
          (A) in the special maritime and territorial jurisdiction of
        the United States, or on any land or building owned by, leased
        to, or otherwise used by or under the control of the United
        States Government, or in the Indian country (as defined in
        section 1151), knowingly sells or possesses with the intent to
        sell any child pornography; or
          (B) knowingly sells or possesses with the intent to sell any
        child pornography that has been mailed, or shipped or
        transported using any means or facility of interstate or
        foreign commerce or in or affecting interstate or foreign
        commerce by any means, including by computer, or that was
        produced using materials that have been mailed, or shipped or
        transported in or affecting interstate or foreign commerce by
        any means, including by computer;
        (5) either -
          (A) in the special maritime and territorial jurisdiction of
        the United States, or on any land or building owned by, leased
        to, or otherwise used by or under the control of the United
        States Government, or in the Indian country (as defined in
        section 1151), knowingly possesses, or knowingly accesses with
        intent to view, any book, magazine, periodical, film,
        videotape, computer disk, or any other material that contains
        an image of child pornography; or
          (B) knowingly possesses, or knowingly accesses with intent to
        view, any book, magazine, periodical, film, videotape, computer
        disk, or any other material that contains an image of child
        pornography that has been mailed, or shipped or transported
        using any means or facility of interstate or foreign commerce
        or in or affecting interstate or foreign commerce by any means,
        including by computer, or that was produced using materials
        that have been mailed, or shipped or transported in or
        affecting interstate or foreign commerce by any means,
        including by computer;
        (6) knowingly distributes, offers, sends, or provides to a
      minor any visual depiction, including any photograph, film,
      video, picture, or computer generated image or picture, whether
      made or produced by electronic, mechanical, or other means, where
      such visual depiction is, or appears to be, of a minor engaging
      in sexually explicit conduct -
          (A) that has been mailed, shipped, or transported using any
        means or facility of interstate or foreign commerce or in or
        affecting interstate or foreign commerce by any means,
        including by computer;
          (B) that was produced using materials that have been mailed,
        shipped, or transported in or affecting interstate or foreign
        commerce by any means, including by computer; or
          (C) which distribution, offer, sending, or provision is
        accomplished using the mails or any means or facility of
        interstate or foreign commerce,
      for purposes of inducing or persuading a minor to participate in
      any activity that is illegal; or
        (7) knowingly produces with intent to distribute, or
      distributes, by any means, including a computer, in or affecting
      interstate or foreign commerce, child pornography that is an
      adapted or modified depiction of an identifiable minor.(!1)
    shall be punished as provided in subsection (b).
      (b)(1) Whoever violates, or attempts or conspires to violate,
    paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be
    fined under this title and imprisoned not less than 5 years and not
    more than 20 years, but, if such person has a prior conviction
    under this chapter, section 1591, chapter 71, chapter 109A, or
    chapter 117, 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 aggravated sexual abuse, sexual abuse, or abusive
    sexual conduct involving a minor or ward, or the production,
    possession, receipt, mailing, sale, distribution, shipment, or
    transportation of child pornography, or sex trafficking of
    children, such person shall be fined under this title and
    imprisoned for not less than 15 years nor more than 40 years.
      (2) Whoever violates, or attempts or conspires to violate,
    subsection (a)(5) shall be fined under this title or imprisoned not
    more than 10 years, or both, but, if such person has a prior
    conviction under this chapter, chapter 71, chapter 109A, or chapter
    117, 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 aggravated sexual abuse, sexual abuse, or abusive sexual conduct
    involving a minor or ward, or the production, possession, receipt,
    mailing, sale, distribution, shipment, or transportation of child
    pornography, such person shall be fined under this title and
    imprisoned for not less than 10 years nor more than 20 years.
      (3) Whoever violates, or attempts or conspires to violate,
    subsection (a)(7) shall be fined under this title or imprisoned not
    more than 15 years, or both.
      (c) It shall be an affirmative defense to a charge of violating
    paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that -
        (1)(A) the alleged child pornography was produced using an
      actual person or persons engaging in sexually explicit conduct;
      and
        (B) each such person was an adult at the time the material was
      produced; or
        (2) the alleged child pornography was not produced using any
      actual minor or minors.
    No affirmative defense under subsection (c)(2) shall be available
    in any prosecution that involves child pornography as described in
    section 2256(8)(C). A defendant may not assert an affirmative
    defense to a charge of violating paragraph (1), (2), (3)(A), (4),
    or (5) of subsection (a) unless, within the time provided for
    filing pretrial motions or at such time prior to trial as the judge
    may direct, but in no event later than 10 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 substance of any expert or other specialized testimony or
    evidence upon which the defendant intends to rely. If the defendant
    fails to comply with this subsection, the court shall, absent a
    finding of extraordinary circumstances that prevented timely
    compliance, prohibit the defendant from asserting such defense to a
    charge of violating paragraph (1), (2), (3)(A), (4), or (5) of
    subsection (a) or presenting any evidence for which the defendant
    has failed to provide proper and timely notice.
      (d) Affirmative Defense. - It shall be an affirmative defense to
    a charge of violating subsection (a)(5) that the defendant -
        (1) possessed less than three images of child pornography; and
        (2) promptly and in good faith, and without retaining or
      allowing any person, other than a law enforcement agency, to
      access any image or copy thereof -
          (A) took reasonable steps to destroy each such image; or
          (B) reported the matter to a law enforcement agency and
        afforded that agency access to each such image.
      (e) Admissibility of Evidence. - On motion of the government, in
    any prosecution under this chapter or section 1466A, except for
    good cause shown, the name, address, social security number, or
    other nonphysical identifying information, other than the age or
    approximate age, of any minor who is depicted in any child
    pornography 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 deciding whether the child
    pornography depicts an actual minor.
      (f) Civil Remedies. -
        (1) In general. - Any person aggrieved by reason of the conduct
      prohibited under subsection (a) or (b) or section 1466A may
      commence a civil action for the relief set forth in paragraph
      (2).
        (2) Relief. - In any action commenced in accordance with
      paragraph (1), the court may award appropriate relief, including -
          (A) temporary, preliminary, or permanent injunctive relief;
          (B) compensatory and punitive damages; and
          (C) the costs of the civil action and reasonable fees for
        attorneys and expert witnesses.
      (g) Child Exploitation Enterprises. -
        (1) Whoever engages in a child exploitation enterprise shall be
      fined under this title and imprisoned for any term of years not
      less than 20 or for life.
        (2) A person engages in a child exploitation enterprise for the
      purposes of this section if the person violates section 1591,
      section 1201 if the victim is a minor, or chapter 109A (involving
      a minor victim), 110 (except for sections 2257 and 2257A), or 117
      (involving a minor victim), as a part of a series of felony
      violations constituting three or more separate incidents and
      involving more than one victim, and commits those offenses in
      concert with three or more other persons.

SOURCE

    (Added Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
    121[3(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-28;
    amended Pub. L. 105-314, title II, Secs. 202(b), 203(b), Oct. 30,
    1998, 112 Stat. 2978; Pub. L. 107-273, div. B, title IV, Sec.
    4003(a)(5), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 108-21, title I,
    Sec. 103(a)(1)(D), (E), (b)(1)(E), (F), title V, Secs. 502(d), 503,
    505, 507, 510, Apr. 30, 2003, 117 Stat. 652, 653, 679, 680, 682-
    684; Pub. L. 109-248, title II, Sec. 206(b)(3), title VII, Sec.
    701, July 27, 2006, 120 Stat. 614, 647; Pub. L. 110-358, title I,
    Sec. 103(a)(4), (b), (d), title II, Sec. 203(b), Oct. 8, 2008, 122
    Stat. 4002, 4003; Pub. L. 110-401, title III, Sec. 304, Oct. 13,
    2008, 122 Stat. 4242.)

AMENDMENTS

      2008 - Subsec. (a)(1). Pub. L. 110-358, Sec. 103(a)(4)(A), (b),
    inserted "using any means or facility of interstate or foreign
    commerce or" after "ships" and substituted "in or affecting
    interstate" for "in interstate".
      Subsec. (a)(2). Pub. L. 110-358, Sec. 103(a)(4)(B), (b), in pars.
    (A) and (B), inserted "using any means or facility of interstate or
    foreign commerce" after "mailed, or" and substituted "in or
    affecting interstate" for "in interstate".
      Subsec. (a)(3). Pub. L. 110-358, Sec. 103(a)(4)(C), (b), in pars.
    (A) and (B), inserted "using any means or facility of interstate or
    foreign commerce or" after "mails, or" and substituted "in or
    affecting interstate" for "in interstate".
      Subsec. (a)(4)(B). Pub. L. 110-358, Sec. 103(a)(4)(D), (b),
    inserted "using any means or facility of interstate or foreign
    commerce or" after "has been mailed, or shipped or transported" and
    substituted "in or affecting interstate" for "in interstate" in two
    places.
      Subsec. (a)(5)(A). Pub. L. 110-358, Sec. 203(b)(1), inserted ",
    or knowingly accesses with intent to view," after "possesses".
      Subsec. (a)(5)(B). Pub. L. 110-358, Secs. 103(a)(4)(D), (b),
    203(b)(2), inserted ", or knowingly accesses with intent to view,"
    after "possesses" and "using any means or facility of interstate or
    foreign commerce or" after "has been mailed, or shipped or
    transported" and substituted "in or affecting interstate" for "in
    interstate" in two places.
      Subsec. (a)(6)(A). Pub. L. 110-358, Sec. 103(a)(4)(E), (b),
    inserted "using any means or facility of interstate or foreign
    commerce or" after "has been mailed, shipped, or transported" and
    substituted "in or affecting interstate" for "in interstate".
      Subsec. (a)(6)(B). Pub. L. 110-358, Sec. 103(b), substituted "in
    or affecting interstate" for "in interstate".
      Subsec. (a)(6)(C). Pub. L. 110-358, Sec. 103(d), substituted "or
    any means or facility of interstate or foreign commerce," for "or
    by transmitting or causing to be transmitted any wire communication
    in interstate or foreign commerce, including by computer,".
      Subsec. (a)(7). Pub. L. 110-401, Sec. 304(a), added par. (7).
      Subsec. (b)(3). Pub. L. 110-401, Sec. 304(b), added par. (3).
      2006 - Subsec. (b)(1). Pub. L. 109-248, Sec. 206(b)(3), inserted
    "section 1591," after "this chapter," and ", or sex trafficking of
    children" after "pornography".
      Subsec. (g). Pub. L. 109-248, Sec. 701, added subsec. (g).
      2003 - Subsec. (a)(3). Pub. L. 108-21, Sec. 503(1)(A), added par.
    (3) and struck out former par. (3) which read as follows:
    "knowingly reproduces any child pornography for distribution
    through the mails, or in interstate or foreign commerce by any
    means, including by computer;".
      Subsec. (a)(6). Pub. L. 108-21, Sec. 503(1)(B)-(D), added par.
    (6).
      Subsec. (b)(1). Pub. L. 108-21, Sec. 507, inserted "chapter 71,"
    before "chapter 109A," and "or under section 920 of title 10
    (article 120 of the Uniform Code of Military Justice)," before "or
    under the laws".
      Pub. L. 108-21, Sec. 503(2), which directed the substitution of
    "paragraph (1), (2), (3), (4), or (6)" for "paragraphs (1), (2),
    (3), or (4)", was executed by making the substitution for
    "paragraph (1), (2), (3), or (4)", to reflect the probable intent
    of Congress.
      Pub. L. 108-21, Sec. 103(a)(1)(D), (b)(1)(E), substituted "20
    years" for "15 years", "and imprisoned not less than 5 years and"
    for "or imprisoned", "15 years" for "5 years", and "40 years" for
    "30 years" and struck out "or both," before "but, if such person".
      Subsec. (b)(2). Pub. L. 108-21, Sec. 507, inserted "chapter 71,"
    before "chapter 109A," and "or under section 920 of title 10
    (article 120 of the Uniform Code of Military Justice)," before "or
    under the laws".
      Pub. L. 108-21, Sec. 103(a)(1)(E), (F), substituted "more than 10
    years" for "more than 5 years", "less than 10 years" for "less than
    2 years", and "20 years" for "10 years".
      Subsec. (c). Pub. L. 108-21, Sec. 502(d), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "It
    shall be an affirmative defense to a charge of violating paragraph
    (1), (2), (3), or (4) of subsection (a) that -
        "(1) the alleged child pornography was produced using an actual
      person or persons engaging in sexually explicit conduct;
        "(2) each such person was an adult at the time the material was
      produced; and
        "(3) the defendant did not advertise, promote, present,
      describe, or distribute the material in such a manner as to
      convey the impression that it is or contains a visual depiction
      of a minor engaging in sexually explicit conduct."
      Subsec. (e). Pub. L. 108-21, Sec. 505, added subsec. (e).
      Subsec. (f). Pub. L. 108-21, Sec. 510, added subsec. (f).
      2002 - Subsecs. (b)(1), (c). Pub. L. 107-273 substituted
    "paragraph" for "paragraphs".
      1998 - Subsec. (a)(5)(A), (B). Pub. L. 105-314, Sec. 203(b)(1),
    substituted "an image" for "3 or more images".
      Subsec. (b). Pub. L. 105-314, Sec. 202(b), substituted ", chapter
    109A, or chapter 117" for "or chapter 109A" in pars. (1) and (2)
    and substituted "aggravated sexual abuse, sexual abuse, or abusive
    sexual conduct involving a minor or ward, or the production,
    possession, receipt, mailing, sale, distribution, shipment, or
    transportation of child pornography" for "the possession of child
    pornography" in par. (2).
      Subsec. (d). Pub. L. 105-314, Sec. 203(b)(2), added subsec. (d).

FOOTNOTE

    (!1) So in original. The period probably should be a comma.