18 U.S.C.A. § 2252
Effective: July 27, 2006
United States Code Annotated Currentness
Title 18. Crimes and Criminal Procedure (Refs & Annos)
Part I. Crimes (Refs & Annos)
Chapter 110. Sexual Exploitation and Other Abuse of Children (Refs & Annos)
§ 2252. Certain activities relating to material involving the sexual exploitation of minors
(a) Any person who--
(1) knowingly transports or ships in interstate or foreign commerce by any means including by computer or mails, any visual depiction, if--
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails, if--
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) 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 Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means, including by computer, if--
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct; or
(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 Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
(B) knowingly possesses 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if--
(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
(b)(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) 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, 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, paragraph (4) of subsection (a) 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.
(c) Affirmative defense.--It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant--
(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof--
(A) took reasonable steps to destroy each such visual depiction; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.
CREDIT(S)
(Added Pub.L. 95-225, § 2(a), Feb. 6, 1978, 92 Stat. 7, and amended Pub.L. 98-292, § 4, May 21, 1984, 98 Stat. 204; Pub.L. 99-500, Title I, § 101(b) [Title VII, § 704(b)], Oct. 18, 1986, 100 Stat. 1783-75; Pub.L. 99-591, Title I, § 101(b) [Title VII, § 704(b)], Oct. 30, 1986, 100 Stat. 3341- 75; Pub.L. 100-690, Title VII, § 7511(b), Nov. 18, 1988, 102 Stat. 4485; Pub.L. 101-647, Title III, § 323(a), (b), Nov. 29, 1990, 104 Stat. 4818, 4819; Pub.L. 103-322, Title XVI, § 160001(d), (e), Title XXXIII, § 330010(8), Sept. 13, 1994, 108 Stat. 2037, 2143; Pub.L. 104-208, Div. A, Title I, § 101(a) [Title I, § 121, subsection 5], Sept. 30, 1996, 110 Stat. 3009-30; Pub.L. 105-314, Title II, § § 202(a), 203(a), Oct. 30, 1998., 112 Stat. 2977, 2978; Pub.L. 108-21, Title I, § 103(a)(1)(B), (C), (b)(1)(C), (D), Title V, § 507, Apr. 30, 2003, 117 Stat. 652, 653, 683; Pub.L. 109- 248, Title II, § 206(b)(2), July 27, 2006, 120 Stat. 614.)
HISTORICAL AND STATUTORY NOTES
Revision Notes and Legislative Reports
1978 Acts. Senate Report No. 95-438 and House Conference Report No. 95- 811, see 1978 U.S. Code Cong. and Adm. News, p. 40.
1984 Acts. House Report No. 98-536, see 1984 U.S. Code Cong. and Adm. News, p. 492.
1986 Acts. Statement by President, see 1986 U.S. Code Cong. and Adm. News, p. 5627.
1988 Acts. For Related Reports, see 1988 U.S. Code Cong. and Adm. News, p. 5937.
1990 Acts. House Report Nos. 101-681(Parts I and II), 101-736, Senate Report No. 101-460, and Statement by President, see 1990 U.S. Code Cong. and Adm. News, p. 6472.
1994 Acts. House Report Nos. 103-324, 103-489, and House Conference Report No. 103-711, see 1994 U.S. Code Cong. and Adm. News, p. 1801.
2003 Acts. House Conference Report No. 108-66 and Statement by President, see 2003 U.S. Code Cong. and Adm. News, p. 683.
2006 Acts. Statement by President, see 2006 U.S. Code Cong. and Adm. News, p. S35.
References in Text
Chapter 71, referred to in subsec. (b), is 18 U.S.C.A. § 1460 et seq.
Chapter 109A, referred to in subsec. (b), is 18 U.S.C.A. § 225 et seq.
Chapter 117, referred to in subsec. (b), is 18 U.S.C.A. § 2421 et seq.
Codifications
Pub.L. 99-591 is a corrected version of Pub.L. 99-500.
Amendments
2006 Amendments. Subsec. (b)(1). Pub.L. 109-248, § 206(b)(2)(A), struck out "paragraphs (1)" and inserted "paragraph (1)".
Pub.L. 109-248, § 206(b)(2)(B), inserted "section 1591," after "this chapter,".
Pub.L. 109-248, § 206(b)(2)(C), inserted ", or sex trafficking of children" after "pornography".
2003 Amendments. Subsec. (b). Pub.L. 108-21, § 507, inserted "chapter 71" before each occurrence of "chapter 109A", and inserted "or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice)," before each occurrence of "or under the laws."
Subsec. (b)(1). Pub.L. 108-21, § 103(a)(1)(B)(i), struck out "not more than 15" and inserted "not more than 20".
Pub.L. 108-21, § 103(a)(1)(B)(ii), struck out "nor more than 30" and inserted "nor more than 40".
Pub.L. 108-21, § 103(b)(1)(C)(i), struck out "or imprisoned" and inserted "and imprisoned not less than 5 years and".
Pub.L. 108-21, § 103(b)(1)(C)(ii), struck out "or both," preceding "but if such".
Pub.L. 108-21, § 103(b)(1)(C)(iii), struck out "not less than 5" and inserted "not less than 15".
Subsec. (b)(2). Pub.L. 108-21, § 103(a)(1)(C)(i), struck out "not more than 5" and inserted "not more than 10".
Pub.L. 108-21, § 103(a)(1)(C)(ii), struck out "nor more than 10" and inserting "nor more than 20".
Pub.L. 108-21, § 103(b)(1)(D), struck out "not less than 2" and inserted "not less than 10".
1998 Amendments. Subsec. (a)(4). Pub.L. 105-314, § 203(a)(1), struck out "3 or more" each place it appeared, and inserted "1 or more".
Subsec. (b)(1), (2). Pub.L. 105-314, § 202(a)(1), struck out "or chapter 109A", and inserted ", chapter 109A, or chapter 117".
Subsec. (b)(2). Pub.L. 105-314, § 202(a)(2), struck out "the possession of child pornography", and inserted "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".
Subsec. (c). Pub.L. 105-314, § 203(a)(2), added subsec. (c).
1996 Amendments. Subsec. (b). Pub.L. 104-208, § 101(a) [§ 121, subsec. 5], amended subsec. generally. Prior to amendment, subsec. read as follows:
"(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title or imprisoned not more than ten years, or both, but, if such person has a prior conviction under this chapter or chapter 109A, such person shall be fined under this title and imprisoned for not less than five years nor more than fifteen years.
"(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both."
1994 Amendments. Subsec. (a)(3)(B). Pub.L. 103-322, § 330010(8), corrected a typographical error in the original by substituting "materials" for "materails".
Subsec. (b). Pub.L. 103-322, § 160001(d), (e), substituted "this chapter or chapter 109A" for "this section" following "prior conviction under" in par. (1), and inserted ", or attempts or conspires to violate," following "Whoever violates" in both pars. (1) and (2).
1990 Amendments. Subsec. (a)(1). Pub.L. 101-647, § 323(a)(1), struck out "or" at the end thereof.
Subsec. (a)(2). Pub.L. 101-647, § 323(b), substituted "that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer," for "that has been transported or shipped in interstate or foreign commerce by any means including by computer or mailed".
Subsec. (a)(3), (4). Pub.L. 101-647, § 323(a)(2), added pars. (3) and (4).
Subsec. (b). Pub.L. 101-647, § 323(a)(2), designated exiting provision as par. (1) and, in par. (1) as so designated, inserted reference to pars. (1) to (3) of subsec. (a) and substituted provision requiring an individual be fined under this title for provision requiring a fine of $100,000 for an individual who violates this section and a fine of $200,000 for an individual who violates this section and has had a prior conviction for violation of this section, and added par. (2).
1988 Amendments. Subsec. (a)(1). Pub.L. 100-690, § 7511(b), added "by any means including by computer" following "interstate or foreign commerce".
Subsec. (a)(2). Pub.L. 100-690, § 7511(b), added "by any means including by computer" following "interstate or foreign commerce" in two instances.
1986 Amendments. Subsec. (b). Pub.L. 99-500 substituted "five years" for "two years".
Pub.L. 99-591 made identical amendments as Pub.L. 99-500 to subsec. (b) of this section.
1984 Amendments. Subsec. (a)(1). Pub.L. 98-292, § 4(1), struck out, ", for the purpose of sale or distribution for sale" after "ships in interstate or foreign commerce or mails" in the provisions preceding subpar. (A).
Pub.L. 98-292, § 4(3), struck out "obscene" after ", any" in the provisions preceding subpar. (A).
Pub.L. 98-292, § 4(4), substituted "visual depiction" for "visual or print medium" in the provisions preceding subpar. (A).
Subsec. (a)(1)(A). Pub.L. 98-292, § 4(4), substituted "visual depiction" for "visual or print medium".
Subsec. (a)(1)(B). Pub.L. 98-292, § 4(4), substituted "visual depiction" for "visual or print medium".
Pub.L. 98-292, § 4(5), substituted "is of" for "depicts".
Subsec. (a)(2). Pub.L. 98-292, § 4(2), struck out "for the purpose of sale or distribution for sale" after "knowingly receives" in the provisions preceding subpar. (A).
Pub.L. 98-292, § 4(3), struck out "obscene" after ", any" in the provisions preceding subpar. (A).
Pub.L. 98-292, § 4(4), substituted "visual depiction" for "visual or print medium" in the provisions preceding subpar. (A).
Pub.L. 98-292, § 4(6), substituted "or distributes" for "or knowingly sells or distributes for sale" in the provisions preceding subpar. (A).
Pub.L. 98-292, § 4(7), added "or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails" in the provisions preceding subpar. (A).
Subsec. (a)(2)(A). Pub.L. 98-292, § 4(4), substituted "visual depiction" for "visual or print medium".
Subsec. (a)(2)(B). Pub.L. 98-292, § 4(4), substituted "visual depiction" for "visual or print medium".
Pub.L. 98-292, § 4(5), substituted "is of" for "depicts".
Subsec. (b). Pub.L. 98-292, § 4(8), substituted "individual" for "person" in three places.
Pub.L. 98-292, § 4(9), substituted "$100,000" for "$10,000".
Pub.L. 98-292, § 4(10), substituted "$200,000" for "$15,000".
Pub.L. 98-292, § 4(11), added "Any organization which violates this section shall be fined not more than $250,000."
Confirmation of Intent of Congress in Enacting Sections 2252 and 2256
Section 160003 of Pub.L. 103-322 provided that:
"(a) Declaration.--The Congress declares that in enacting sections 2252 and 2256 of title 18, United States Code [this section and section 2256 of this title], it was and is the intent of Congress that--
"(1) the scope of 'exhibition of the genitals or pubic area' in section 2256(2)(E), in the definition of 'sexually explicit conduct', is not limited to nude exhibitions or exhibitions in which the outlines of those areas were discernible through clothing; and
"(2) the requirements in section 2252(a)(1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production of a visual depiction involve the use of a minor engaging in 'sexually explicit conduct' of the kind described in section 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a lascivious manner.
"(b) Sense of the Congress.--It is the sense of the Congress that in filing its brief in United States v. Knox, No. 92-1183, and thereby depriving the United States Supreme Court of the adverseness necessary for full and fair presentation of the issues arising in the case, the Department of Justice did not accurately reflect the intent of Congress in arguing that 'the videotapes in [the Knox case] constitute 'lascivious exhibition[s] of the genitals or pubic area' only if those body parts are visible in the tapes and the minors posed or acted lasciviously'."
CROSS REFERENCES
"Aggravated felony" defined as in this section for purposes of immigration, see 8 USCA § 1101.
FEDERAL SENTENCING GUIDELINES
See Federal Sentencing Guidelines § § 2F1.1, 2G2.4, 18 USCA.
LAW REVIEW COMMENTARIES
A problem of "virtual" proportions: The difficulties inherent in tailoring virtual child pornography laws to meet constitutional standards. Jasmin J. Farhangian, 12 J.L. & Pol'y 241 (2003).
Ambiguous laws do little to erase "kiddie porn". 5 Temp.Pol. & Civ.Rts.L.Rev. 169 (1996).
Charismatic code, social norms, and the emergence of cooperation on the file-swapping networks. Lior Jacob Strahilevitz, 89 Va. L.Rev. 505 (2003).
Childporn.gif: Establishing liability for on-line service providers. Joseph N. Campolo, 6 Fordham Intell. Prop., Media & Ent. L.J. 721 (1996).
"Community standards" in cyberspace. John S. Zanghi, J.D., 21 Dayton L.Rev. 95 (1995)
Criminalizing "virtual" child pornography under the Child Pornography Prevention Act: Is it really what is "appears to be?" Wade T. Anderson, 35 U.Rich.L.Rev. 393 (2001).
Establishing legal accountability for anonymous communication in cyberspace. 96 Colum.L.Rev. 1526 (1996).
Jacobson v. United States--Entrapment redefined? 28 New Eng.L.Rev. 847 (1994).
United States v. X-Citement Video, Inc.: Stretching the limits of statutory interpretation? 56 La.L.Rev. 937 (1996).
LIBRARY REFERENCES
American Digest System
Infants 13.
Key number System Topic No. 211.
Corpus Juris Secundum
CJS Postal Service & Offenses Against Postal Laws § 75, Mailing of Child Pornography.
RESEARCH REFERENCES
ALR Library
7 ALR, Fed. 2nd Series 1, Validity, Construction, and Application of Federal Enactments Proscribing Obscenity and Child Pornography or Access Thereto on the Internet.
2 ALR, Fed. 2nd Series 533, Validity, Construction, and Application of 18 U.S.C.A. § 2252A(A), Proscribing Certain Activities Relating to Material Constituting or Containing Child Pornography.
196 ALR, Fed. 1, Sufficiency of Information Provided by Confidential Informant, Whose Identity is Known to Police, to Provide Probable Cause for Federal Search Warrant Where There was Indication that Informant Provided Reliable...
195 ALR, Fed. 505, Construction and Application of U.S.S.G. § 5G1.3(B), Requiring Federal Sentence to Run Concurrently to Undischarged State Sentence When State Sentence Has Been Fully Taken Into Account in Determining Offense Level...
168 ALR, Fed. 375, When Does Forfeiture of Real Property Violate Excessive Fines Clause of Eighth Amendment--Post-Austin Cases.
164 ALR, Fed. 61, Downward Departure from United States Sentencing Guidelines (U.S.S.G. § § 1a1.1 et Seq) Based on Aberrant Behavior.
145 ALR, Fed. 481, Construction and Application of United States Sentencing Guideline § § 2G2.1 et Seq., Pertaining to Child Pornography.
145 ALR, Fed. 559, Downward Departure from United States Sentencing Guidelines (U.S.S.G. § § 1A1.1 et seq.) Based on Extraordinary Family Circumstances.
128 ALR, Fed. 593, Downward Departure Under § 5K2.13 of United States Sentencing Guidelines (U.S.S.G.) Permitting Downward Departure for Defendants With Significantly Reduced Mental CAPacity Convicted of Nonviolent...
116 ALR, Fed. 593, Construction of Provision of United States Sentencing Guidelines § 3A1.3 (U.S.S.G.) Authorizing Upward Adjustment of Sentence If Victims of Crime Were "Physically Restrained" by Accused.
97 ALR, Fed. 273, What Conduct of Federal Law Enforcement Authorities in Inducing or Co-Operating in Criminal Offense Raises Due Process Defense Distinct from Entrapment.
99 ALR, Fed. 643, Validity, Construction, and Application of 18 U.S.C.A. § 2251, Penalizing Sexual Exploitation of Children.
100 ALR, Fed. 535, Propriety of Lesser-Included-Offense Charge to Jury in Federal Sex-Crime Prosecution.
86 ALR, Fed. 359, Validity and Construction of 18 U.S.C.A. § § 371 and 2252(A) Penalizing Mailing or Receiving, or Conspiring to Mail or Receive, Child Pornography.
75 ALR, Fed. 806, Propriety of Denial of Pretrial Bail Under Bail Reform Act (18 U.S.C.A. § § 3141 et seq.).
21 ALR, Fed. 655, Direct Review by United States Court of Appeals of Duration of Sentence Imposed by District Court in Federal Criminal Prosecution, Where Duration Does Not Exceed Statutorily Authorized Maximum.
4 ALR 6th 1, Validity of Condition of Probation, Supervised Release, or Parole Restricting Computer Use or Internet Access.
84 ALR 5th 1, Validity of Search or Seizure of Computer, Computer Disk, or Computer Peripheral Equipment.
42 ALR 5th 291, Validity, Construction, and Application of State Statutes or Ordinances Regulating Sexual Performance by Child.
87 ALR 4th 929, Propriety of Conditioning Probation on Defendant's Submission to Drug Testing.
43 ALR 4th 1062, Sexual Misconduct as Ground for Disciplining Attorney or Judge.
41 ALR 4th 877, Admissibility of Visual Recording of Event or Matter Other Than that Giving Rise to Litigation or Prosecution.
15 ALR 4th 582, Adequacy of Defense Counsel's Representation of Criminal Client Regarding Appellate and Postconviction Remedies.
10 ALR 4th 8, Adequacy of Defense Counsel's Representation of Criminal Client Regarding Guilty Pleas.
89 ALR 3rd 864, Validity and Effect of Criminal Defendant's Express Waiver of Right to Appeal as Part of Negotiated Plea Agreement.
75 ALR 3rd 649, Power of Trial Court to Dismiss Prosecution or Direct Acquittal on Basis of Prosecutor's Opening Statement.
169 ALR 315, Comment Note.--Duty in Instructing Jury in Criminal Prosecution to Explain and Define Offense Charged.
145 ALR 818, Writ of Coram Nobis After Affirmance.
113 ALR 1179, What Amounts to Conviction or Satisfies Requirement as to Showing of Conviction, Within Statute Making Conviction a Ground for Refusing to Grant or for Canceling License or Special Privilege.
107 ALR 300, Meaning, Effect, and Application of Word "Knowingly" as Employed in Statutes Relating to the Use of Mails for Improper Purposes.
92 ALR 663, Stipulation of Parties as to the Law.
43 ALR 54, Disbarment for Failure to Account for Money of Client.
13 ALR 1151, Judgment on Claim as Bar to Action to Recover Amount of Payment Which was Not Litigated in Previous Action.
13 ALR 1168, Right to Recover Property Held by Public Authorities as Evidence for Use in a Criminal Trial.
Encyclopedias
18 Am. Jur. Proof of Facts 2d 149, Excessive Bail.
45 Am. Jur. Proof of Facts 2d 631, Age of Person.
55 Am. Jur. Proof of Facts 3d 249, Proof that Motion Picture is Obscene or Harmful to Minors.
61 Am. Jur. Proof of Facts 3d 51, Cyberporn: Transmission of Images by Computer as Obscene, Harmful to Minors or Child Pornography.
10 Am. Jur. Trials 1, Obscenity Litigation.