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119th Congress

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119th Congress

Title 18 — Crimes and Criminal Procedure

Part I · Chapter 110 — Sexual Exploitation and Other Abuse of Children

§ 2252. Certain activities relating to material involving the sexual exploitation of minors

Statutory text

(a)

Any person who—

(1)

knowingly 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 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 using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting 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 using any means or facility of interstate or foreign commerce or in or affecting 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, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped or transported in or affecting interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, 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, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or

(B)

knowingly possesses, or knowingly accesses with intent to view, 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 using any means or facility of interstate or foreign commerce or in or affecting 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, or chapter 117, or under the Uniform Code of Military Justice or 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 any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under the Uniform Code of Military Justice or 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Protection of Children Against Sexual Exploitation Act of 1977

    Pub. L. 95–225 § 2(a) · 92 Stat. 7

    Enacted · 18 U.S.C. § 2252

    Added Pub. L. 95–225, § 2(a), Feb. 6, 1978, 92 Stat. 7

    Source evidence

    Code source credit
    Added Pub. L. 95–225, § 2(a), Feb. 6, 1978, 92 Stat. 7

    Enacted provision · exact public law section
    (a) Title 18. United States Code, is amended by inserting immediately after chapter 109 the following: “Chapter 110— SEXUAL EXPLOITATION OF CHILDREN “Sec. 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 explicit conduct for the purpose 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 transported 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 control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct 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 actually been transported in interstate or foreign commerce or mailed. “(c) Any person who violates this section shall be fined not more Penalty. 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 exploitation of minors “(a) Any person who— Interstate or foreign commerce, sale and distribution prohibition. “(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 “(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 commerce 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) sadomasochistic 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, 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 inserting immediately after the item relating to chapter 109 the following: “110. Sexual exploitation of children 2251”.

  2. Child Protection Act of 1984

    Pub. L. 98–292 § 4(1) · 98 Stat. 204

    Substituted · 18 U.S.C. § 2252(a)(1)

    Pub. L. 98–292, § 4(1), (3), (4), substituted “any visual depiction” for “for the purpose of sale or distribution for sale, any obscene visual or print medium” in provisions preceding subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 98–292, § 4(1), (3), (4), substituted “any visual depiction” for “for the purpose of sale or distribution for sale, any obscene visual or print medium” in provisions preceding subpar. (A).

    Enacted provision · exact public law section
    (1) by striking out “, for the purpose of sale or distribution for sale”;

  3. Child Protection Act of 1984

    Pub. L. 98–292 § 4(4) · 98 Stat. 204

    Substituted · 18 U.S.C. § 2252(a)(1)(A)

    Pub. L. 98–292, § 4(4), substituted “visual depiction” for “visual or print medium”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 98–292, § 4(4), substituted “visual depiction” for “visual or print medium”.

    Enacted provision · exact public law section
    (4) by striking out “visual or print medium” each place it appears and inserting “visual depiction” in lieu thereof;

  4. Child Protection Act of 1984

    Pub. L. 98–292 § 4(4) · 98 Stat. 204

    Substituted · 18 U.S.C. § 2252(a)(1)(B)

    Pub. L. 98–292, § 4(4), (5), substituted “visual depiction is of” for “visual or print medium depicts”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 98–292, § 4(4), (5), substituted “visual depiction is of” for “visual or print medium depicts”.

    Enacted provision · exact public law section
    (4) by striking out “visual or print medium” each place it appears and inserting “visual depiction” in lieu thereof;

  5. Child Protection Act of 1984

    Pub. L. 98–292 § 4(2) · 98 Stat. 204

    1. Substituted · 18 U.S.C. § 2252(a)(2)

      Pub. L. 98–292, § 4(2)–(4), (6), (7), substituted “, or distributes, any visual depiction” for “for the purpose of sale or distribution for sale, or knowingly sells or distributes for sale, any obscene visual or print medium”

    2. Inserted · 18 U.S.C. § 2252(a)(2)

      Pub. L. 98–292, § 4(2)–(4), (6), (7), inserted “or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails” in provisions preceding subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 98–292, § 4(2)–(4), (6), (7), substituted “, or distributes, any visual depiction” for “for the purpose of sale or distribution for sale, or knowingly sells or distributes for sale, any obscene visual or print medium” and inserted “or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails” in provisions preceding subpar. (A).

    Enacted provision · exact public law section
    (2) by striking out “for the purpose of sale or distribution for sale” the second place it appears;

  6. Child Protection Act of 1984

    Pub. L. 98–292 § 4(4) · 98 Stat. 204

    Substituted · 18 U.S.C. § 2252(a)(2)(A)

    Pub. L. 98–292, § 4(4), substituted “visual depiction” for “visual or print medium”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 98–292, § 4(4), substituted “visual depiction” for “visual or print medium”.

    Enacted provision · exact public law section
    (4) by striking out “visual or print medium” each place it appears and inserting “visual depiction” in lieu thereof;

  7. Child Protection Act of 1984

    Pub. L. 98–292 § 4(4) · 98 Stat. 204

    Substituted · 18 U.S.C. § 2252(a)(2)(B)

    Pub. L. 98–292, § 4(4), (5), substituted “visual depiction is of” for “visual or print medium depicts”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 98–292, § 4(4), (5), substituted “visual depiction is of” for “visual or print medium depicts”.

    Enacted provision · exact public law section
    (4) by striking out “visual or print medium” each place it appears and inserting “visual depiction” in lieu thereof;

  8. Child Protection Act of 1984

    Pub. L. 98–292 § 4(8) · 98 Stat. 204

    1. Substituted · 18 U.S.C. § 2252(b)

      Pub. L. 98–292, § 4(8)–(11), substituted “individual” for “person”

    2. Substituted · 18 U.S.C. § 2252(b)

      Pub. L. 98–292, § 4(8)–(11), substituted “$100,000” for “$10,000”

    3. Substituted · 18 U.S.C. § 2252(b)

      Pub. L. 98–292, § 4(8)–(11), substituted “$200,000” for “$15,000”

    4. Inserted · 18 U.S.C. § 2252(b)

      Pub. L. 98–292, § 4(8)–(11), inserted “Any organization which violates this section shall be fined not more than $250,000.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–292, § 4(8)–(11), substituted “individual” for “person” in three places, “$100,000” for “$10,000”, and “$200,000” for “$15,000”, and inserted “Any organization which violates this section shall be fined not more than $250,000.”

    Enacted provision · exact public law section
    (8) by striking out “person” each place it appears in subsection (b) and inserting “individual” in lieu thereof;

  9. Pub. L. 99–500 § 101(b)(tVII)(s704)(b) · 100 Stat. 1783-39

    Substituted · 18 U.S.C. § 2252(b)

    Pub. L. 99–500 and Pub. L. 99–591 substituted “five years” for “two years”

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–500 and Pub. L. 99–591 substituted “five years” for “two years”.

  10. Child Protection and Obscenity Enforcement Act of 1988

    Pub. L. 100–690 title VII § 7511(b) · 102 Stat. 4181

    Inserted · 18 U.S.C. § 2252(a)(1); 18 U.S.C. § 2252(a)(2)

    Pub. L. 100–690 inserted “by any means including by computer” after “commerce” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 100–690 inserted “by any means including by computer” after “commerce” in introductory provisions.

    Enacted provision · exact public law section
    (b) Material Involving Sexual Exploitation of Children.— Subsection 2252(a) of title 18, United States Code, is amended by inserting “by any means including by computer” after “interstate or foreign commerce” each place it appears.

  11. Child Protection Restoration and Penalties Enhancement Act of 1990

    Pub. L. 101–647 § 323(a) · 104 Stat. 4789

    1. Struck · 18 U.S.C. § 2252(a)

      Pub. L. 101–647, § 323(a), (b), struck out “or” at end of par. (1)

    2. Substituted · 18 U.S.C. § 2252(a)

      Pub. L. 101–647, § 323(a), (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” in par. (2)

    3. Struck · 18 U.S.C. § 2252(a)

      Pub. L. 101–647, § 323(a), (b), struck out at end “shall be punished as provided in subsection (b) of this section.”

    4. Added · 18 U.S.C. § 2252(a)

      Pub. L. 101–647, § 323(a), (b), added pars. (3) and (4) and concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–647, § 323(a), (b), struck out “or” at end of par. (1), 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” in par. (2), struck out at end “shall be punished as provided in subsection (b) of this section.”, and added pars. (3) and (4) and concluding provisions.

    Enacted provision · exact public law section
    (a) Section 2252 of title 18, United States Code, is amended— (1) by striking out “or” at the end of subsection (a)(1); and (2) by striking out “shall be punished as provided in subsection (b) of this section” in subsection (a)(2) and all that follows through the end of subsection (b) and inserting the following: “(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 materails 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 3 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or “(B) knowingly possesses 3 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 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 section, such person shall be fined under this title and imprisoned for not less than five years nor more than fifteen years. “(2) Whoever violates paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both.”.

  12. Child Protection Restoration and Penalties Enhancement Act of 1990

    Pub. L. 101–647 § 323(a)(2) · 104 Stat. 4789

    1. Added · 18 U.S.C. § 2252(b)

      Pub. L. 101–647, § 323(a)(2), added subsec. (b)

    2. Struck · 18 U.S.C. § 2252(b)

      Pub. L. 101–647, § 323(a)(2), struck out former subsec. (b) which read as follows: “Any individual who violates this section shall be fined not more than $100,000, or imprisoned not more than 10 years, or both, but, if such individual has a prior conviction under this section, such individual shall be fined not more than $200,000, or imprisoned not less than five years nor more than 15 years, or both. Any organization which violates this section shall be fined not more than $250,000.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–647, § 323(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “Any individual who violates this section shall be fined not more than $100,000, or imprisoned not more than 10 years, or both, but, if such individual has a prior conviction under this section, such individual shall be fined not more than $200,000, or imprisoned not less than five years nor more than 15 years, or both. Any organization which violates this section shall be fined not more than $250,000.”

    Enacted provision · exact public law section
    (2) by striking out “shall be punished as provided in subsection (b) of this section” in subsection (a)(2) and all that follows through the end of subsection (b) and inserting the following: “(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 materails 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 3 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or “(B) knowingly possesses 3 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 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 section, such person shall be fined under this title and imprisoned for not less than five years nor more than fifteen years. “(2) Whoever violates paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both.”.

  13. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 330010(8) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 2252(a)(3)(B)

    Pub. L. 103–322, § 330010(8), substituted “materials” for “materails” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 103–322, § 330010(8), substituted “materials” for “materails” in introductory provisions.

    Enacted provision · exact public law section
    (8) in section 2252(a)(3)(B) by striking “materails” and inserting “materials”;

  14. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 160001(d) · 108 Stat. 1796

    1. Inserted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 103–322, § 160001(d), (e), inserted “, or attempts or conspires to violate,” after “violates”

    2. Substituted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 103–322, § 160001(d), (e), substituted “conviction under this chapter or chapter 109A” for “conviction under this section”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–322, § 160001(d), (e), inserted “, or attempts or conspires to violate,” after “violates” and substituted “conviction under this chapter or chapter 109A” for “conviction under this section”.

    Enacted provision · exact public law section
    (d) Section 2252 Penalty Enhancement.— Section 2252(b)(1) of title 18, United States Code, is amended by striking “this section” and inserting “this chapter or chapter 109A”.

  15. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 § 160001(e) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 2252(b)(2)

    Pub. L. 103–322, § 160001(e), inserted “, or attempts or conspires to violate,” after “violates”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–322, § 160001(e), inserted “, or attempts or conspires to violate,” after “violates”.

    Enacted provision · exact public law section
    (e) Conspiracy and Attempt.— Sections 2251(d) and 2252(b) of title 18, United States Code, are each amended by inserting “, or attempts or conspires to violate,” after “violates” each place it appears.

  16. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(a)(tI)(s121) · 110 Stat. 3009

    1. Added · 18 U.S.C. § 2252(b)

      Pub. L. 104–208 added subsec. (b)

    2. Struck · 18 U.S.C. § 2252(b)

      Pub. L. 104–208 struck out former subsec. (b) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–208 added subsec. (b) and struck out former subsec. (b) which read as follows:

    “(b)(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.”

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  17. Protection of Children From Sexual Predators Act of 1998

    Pub. L. 105–314 § 203(a)(1) · 112 Stat. 2974

    Substituted · 18 U.S.C. § 2252(a)(4)(A); 18 U.S.C. § 2252(a)(4)(B)

    Pub. L. 105–314, § 203(a)(1), substituted “1 or more” for “3 or more”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A), (B). Pub. L. 105–314, § 203(a)(1), substituted “1 or more” for “3 or more”.

    Enacted provision · exact public law section
    (1) in subsection (a)(4), by striking “3 or more” each place that term appears and inserting “1 or more”; and

  18. Protection of Children From Sexual Predators Act of 1998

    Pub. L. 105–314 § 202(a) · 112 Stat. 2974

    1. Substituted · 18 U.S.C. § 2252(b)

      Pub. L. 105–314, § 202(a), substituted “, chapter 109A, or chapter 117” for “or chapter 109A” in pars. (1) and (2)

    2. Substituted · 18 U.S.C. § 2252(b)

      Pub. L. 105–314, § 202(a), 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)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–314, § 202(a), 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).

    Enacted provision · exact public law section
    (a) Increased Penalties in Section 2252.— Section 2252(b)of title 18, United States Code, is amended— (1) in each of paragraphs (1) and (2), by striking “or chapter109A” and inserting “, chapter 109A, or chapter 117”; and (2) in paragraph (2), by striking “the possession of child pornography” and inserting “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”.

  19. Protection of Children From Sexual Predators Act of 1998

    Pub. L. 105–314 § 203(a)(2) · 112 Stat. 2974

    Added · 18 U.S.C. § 2252(c)

    Pub. L. 105–314, § 203(a)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–314, § 203(a)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(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”.

  20. Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 507 · 117 Stat. 650

    Inserted · 18 U.S.C. § 2252(b)(1)

    Pub. L. 108–21, § 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”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–21, § 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”.

    Enacted provision · exact public law section
    SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS.   Sections 2251(e) (as redesignated by section 506(2)), 2252(b), and 2252A(b) of title 18, United States Code, are each amended— (1) by inserting “chapter 71,” immediately before each occurrence of “chapter 109A,”; and (2) by inserting “or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),” immediately before each occurrence of “or under the laws”.

  21. Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 103(a)(1)(B) · 117 Stat. 650

    1. Substituted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 108–21, § 103(a)(1)(B), (C), substituted “and imprisoned not less than 5 years and” for “or imprisoned”

    2. Substituted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 108–21, § 103(a)(1)(B), (C), substituted “20 years” for “15 years”

    3. Substituted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 108–21, § 103(a)(1)(B), (C), substituted “40 years” for “30 years”

    4. Substituted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 108–21, § 103(a)(1)(B), (C), substituted “15 years” for “5 years”

    5. Struck · 18 U.S.C. § 2252(b)(1)

      Pub. L. 108–21, § 103(a)(1)(B), (C), struck out “or both,” before “but if such person has a prior”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–21, § 103(a)(1)(B), (C), substituted “and imprisoned not less than 5 years and” for “or imprisoned”, “20 years” for “15 years”, “40 years” for “30 years”, and “15 years” for “5 years” and struck out “or both,” before “but if such person has a prior”.

    Enacted provision · exact public law section
    (B) in section 2252(b)(1)— (i) by striking “15” and inserting “20”; and (ii) by striking “30” and inserting “40”;

  22. Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 507 · 117 Stat. 650

    Inserted · 18 U.S.C. § 2252(b)(2)

    Pub. L. 108–21, § 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–21, § 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”.

    Enacted provision · exact public law section
    SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS.   Sections 2251(e) (as redesignated by section 506(2)), 2252(b), and 2252A(b) of title 18, United States Code, are each amended— (1) by inserting “chapter 71,” immediately before each occurrence of “chapter 109A,”; and (2) by inserting “or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),” immediately before each occurrence of “or under the laws”.

  23. Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 103(a)(1)(C) · 117 Stat. 650

    1. Substituted · 18 U.S.C. § 2252(b)(2)

      Pub. L. 108–21, § 103(a)(1)(C), (D), substituted “more than 10 years” for “more than 5 years”

    2. Substituted · 18 U.S.C. § 2252(b)(2)

      Pub. L. 108–21, § 103(a)(1)(C), (D), substituted “less than 10 years” for “less than 2 years”

    3. Substituted · 18 U.S.C. § 2252(b)(2)

      Pub. L. 108–21, § 103(a)(1)(C), (D), substituted “20 years” for “10 years”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–21, § 103(a)(1)(C), (D), 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”.

    Enacted provision · exact public law section
    (C) in section 2252(b)(2)— (i) by striking “5” and inserting “10”; and (ii) by striking “10” and inserting “20”;

  24. Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 title II § 206(b)(2) · 120 Stat. 587

    1. Substituted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 109–248 substituted “paragraph (1)” for “paragraphs (1)”

    2. Inserted · 18 U.S.C. § 2252(b)(1)

      Pub. L. 109–248 inserted “section 1591,” after “this chapter,” and “, or sex trafficking of children” after “pornography”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–248 substituted “paragraph (1)” for “paragraphs (1)” and inserted “section 1591,” after “this chapter,” and “, or sex trafficking of children” after “pornography”.

    Enacted provision · exact public law section
    (2) Activities relating to material involving the sexual exploitation of children.— Section 2252(b) of title 18, United States Code, is amended in paragraph (1)— (A) by striking “paragraphs (1)” and inserting “paragraph (1)”; (B) by inserting “section 1591,” after “this chapter,”; and (C) by inserting “, or sex trafficking of children” after “pornography”.

  25. Effective Child Pornography Prosecution Act of 2007

    Pub. L. 110–358 § 103(a)(3)(A) · 122 Stat. 4001

    1. Inserted · 18 U.S.C. § 2252(a)(1)

      Pub. L. 110–358, § 103(a)(3)(A), (b), inserted “using any means or facility of interstate or foreign commerce or” after “ships”

    2. Substituted · 18 U.S.C. § 2252(a)(1)

      Pub. L. 110–358, § 103(a)(3)(A), (b), substituted “in or affecting interstate” for “in interstate”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–358, § 103(a)(3)(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”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “using any means or facility of interstate or foreign commerce or” after “ships”;

  26. Effective Child Pornography Prosecution Act of 2007

    Pub. L. 110–358 § 103(a)(3)(B) · 122 Stat. 4001

    1. Inserted · 18 U.S.C. § 2252(a)(2)

      Pub. L. 110–358, § 103(a)(3)(B), (b), inserted “using any means or facility of interstate or foreign commerce or” after “distributes, any visual depiction” and after “depiction for distribution”

    2. Substituted · 18 U.S.C. § 2252(a)(2)

      Pub. L. 110–358, § 103(a)(3)(B), (b), substituted “in or affecting interstate” for “in interstate” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 110–358, § 103(a)(3)(B), (b), inserted “using any means or facility of interstate or foreign commerce or” after “distributes, any visual depiction” and after “depiction for distribution” and substituted “in or affecting interstate” for “in interstate” in two places.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by inserting “using any means or facility of interstate or foreign commerce or” after “distributes, any visual depiction”; and (ii) by inserting “using any means or facility of interstate or foreign commerce or” after “depiction for distribution”;

  27. Effective Child Pornography Prosecution Act of 2007

    Pub. L. 110–358 § 103(a)(3)(C) · 122 Stat. 4001

    1. Inserted · 18 U.S.C. § 2252(a)(3)(B)

      Pub. L. 110–358, § 103(a)(3)(C), (b), (c), inserted “, shipped, or transported using any means or facility of interstate or foreign commerce” after “that has been mailed” and “using any means or facility of interstate or foreign commerce” after “so shipped or transported”

    2. Substituted · 18 U.S.C. § 2252(a)(3)(B)

      Pub. L. 110–358, § 103(a)(3)(C), (b), (c), substituted “in or affecting interstate” for “in interstate”

    3. Struck · 18 U.S.C. § 2252(a)(3)(B)

      Pub. L. 110–358, § 103(a)(3)(C), (b), (c), struck out “by any means,” before “including”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 110–358, § 103(a)(3)(C), (b), (c), inserted “, shipped, or transported using any means or facility of interstate or foreign commerce” after “that has been mailed” and “using any means or facility of interstate or foreign commerce” after “so shipped or transported”, substituted “in or affecting interstate” for “in interstate” and struck out “by any means,” before “including”.

    Enacted provision · exact public law section
    (C) in paragraph (3)— (i) by inserting “using any means or facility of interstate or foreign commerce” after “so shipped or transported”; and (ii) by striking “by any means,”; and

  28. Enhancing the Effective Prosecution of Child Pornography Act of 2007

    Pub. L. 110–358 § 203(a)(1) · 122 Stat. 4001

    Inserted · 18 U.S.C. § 2252(a)(4)(A)

    Pub. L. 110–358, § 203(a)(1), inserted “, or knowingly accesses with intent to view,” after “possesses”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 110–358, § 203(a)(1), inserted “, or knowingly accesses with intent to view,” after “possesses”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by inserting “, or knowingly accesses with intent to view,” after “possesses”; and

  29. Effective Child Pornography Prosecution Act of 2007

    Pub. L. 110–358 title I § 103(a)(3) · 122 Stat. 4001

    1. Inserted · 18 U.S.C. § 2252(a)(4)(B)

      Pub. L. 110–358, §§ 103(a)(3)(D), (b), 203(a)(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 shipped or transported”

    2. Substituted · 18 U.S.C. § 2252(a)(4)(B)

      Pub. L. 110–358, §§ 103(a)(3)(D), (b), 203(a)(2), substituted “in or affecting interstate” for “in interstate”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 110–358, §§ 103(a)(3)(D), (b), 203(a)(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 shipped or transported” and substituted “in or affecting interstate” for “in interstate”.

    Enacted provision · exact public law section
    (3) in section 2252(a)— (A) in paragraph (1), by inserting “using any means or facility of interstate or foreign commerce or” after “ships”; (B) in paragraph (2)— (i) by inserting “using any means or facility of interstate or foreign commerce or” after “distributes, any visual depiction”; and (ii) by inserting “using any means or facility of interstate or foreign commerce or” after “depiction for distribution”; (C) in paragraph (3)— (i) by inserting “using any means or facility of interstate or foreign commerce” after “so shipped or transported”; and (ii) by striking “by any means,”; and (D) in paragraph (4), by inserting “using any means or facility of interstate or foreign commerce or” after “has been shipped or transported”; and

  30. Child Protection Act of 2012

    Pub. L. 112–206 § 2(a) · 126 Stat. 1490

    Inserted · 18 U.S.C. § 2252(b)(2)

    Pub. L. 112–206 inserted “any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if” after “but if”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 112–206 inserted “any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if” after “but if”.

    Enacted provision · exact public law section
    (a) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors.— Section 2252(b)(2) of title 18, United States Code, is amended by inserting after “but if” the following: “any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if”.

  31. Pub. L. 118–159 div. A title V § 569(3) · 138 Stat. 1906

    Substituted · 18 U.S.C. § 2252(b)

    Pub. L. 118–159 substituted “the Uniform Code of Military Justice or” for “section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under” in pars. (1) and (2)

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–159 substituted “the Uniform Code of Military Justice or” for “section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under” in pars. (1) and (2).

52 of 54 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments1984–2024 · 12 rounds

2024

Subsec. (b). Pub. L. 118–159 substituted “the Uniform Code of Military Justice or” for “section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under” in pars. (1) and (2).

2012

Subsec. (b)(2). Pub. L. 112–206 inserted “any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if” after “but if”.

2008

Subsec. (a)(1). Pub. L. 110–358, § 103(a)(3)(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, § 103(a)(3)(B), (b), inserted “using any means or facility of interstate or foreign commerce or” after “distributes, any visual depiction” and after “depiction for distribution” and substituted “in or affecting interstate” for “in interstate” in two places.

Subsec. (a)(3)(B). Pub. L. 110–358, § 103(a)(3)(C), (b), (c), inserted “, shipped, or transported using any means or facility of interstate or foreign commerce” after “that has been mailed” and “using any means or facility of interstate or foreign commerce” after “so shipped or transported”, substituted “in or affecting interstate” for “in interstate” and struck out “by any means,” before “including”.

Subsec. (a)(4)(A). Pub. L. 110–358, § 203(a)(1), inserted “, or knowingly accesses with intent to view,” after “possesses”.

Subsec. (a)(4)(B). Pub. L. 110–358, §§ 103(a)(3)(D), (b), 203(a)(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 shipped or transported” and substituted “in or affecting interstate” for “in interstate”.

2006

Subsec. (b)(1). Pub. L. 109–248 substituted “paragraph (1)” for “paragraphs (1)” and inserted “section 1591,” after “this chapter,” and “, or sex trafficking of children” after “pornography”.

2003

Subsec. (b)(1). Pub. L. 108–21, § 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, § 103(a)(1)(B), (C), substituted “and imprisoned not less than 5 years and” for “or imprisoned”, “20 years” for “15 years”, “40 years” for “30 years”, and “15 years” for “5 years” and struck out “or both,” before “but if such person has a prior”.

Subsec. (b)(2). Pub. L. 108–21, § 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, § 103(a)(1)(C), (D), 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”.

1998

Subsec. (a)(4)(A), (B). Pub. L. 105–314, § 203(a)(1), substituted “1 or more” for “3 or more”.

Subsec. (b). Pub. L. 105–314, § 202(a), 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. (c). Pub. L. 105–314, § 203(a)(2), added subsec. (c).

1996

Subsec. (b). Pub. L. 104–208 added subsec. (b) and struck out former subsec. (b) which read as follows:

“(b)(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

Subsec. (a)(3)(B). Pub. L. 103–322, § 330010(8), substituted “materials” for “materails” in introductory provisions.

Subsec. (b)(1). Pub. L. 103–322, § 160001(d), (e), inserted “, or attempts or conspires to violate,” after “violates” and substituted “conviction under this chapter or chapter 109A” for “conviction under this section”.

Subsec. (b)(2). Pub. L. 103–322, § 160001(e), inserted “, or attempts or conspires to violate,” after “violates”.

1990

Subsec. (a). Pub. L. 101–647, § 323(a), (b), struck out “or” at end of par. (1), 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” in par. (2), struck out at end “shall be punished as provided in subsection (b) of this section.”, and added pars. (3) and (4) and concluding provisions.

Subsec. (b). Pub. L. 101–647, § 323(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “Any individual who violates this section shall be fined not more than $100,000, or imprisoned not more than 10 years, or both, but, if such individual has a prior conviction under this section, such individual shall be fined not more than $200,000, or imprisoned not less than five years nor more than 15 years, or both. Any organization which violates this section shall be fined not more than $250,000.”

1988

Subsec. (a)(1), (2). Pub. L. 100–690 inserted “by any means including by computer” after “commerce” in introductory provisions.

1986

Subsec. (b). Pub. L. 99–500 and Pub. L. 99–591 substituted “five years” for “two years”.

1984

Subsec. (a)(1). Pub. L. 98–292, § 4(1), (3), (4), substituted “any visual depiction” for “for the purpose of sale or distribution for sale, any obscene visual or print medium” in 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), (5), substituted “visual depiction is of” for “visual or print medium depicts”.

Subsec. (a)(2). Pub. L. 98–292, § 4(2)–(4), (6), (7), substituted “, or distributes, any visual depiction” for “for the purpose of sale or distribution for sale, or knowingly sells or distributes for sale, any obscene visual or print medium” and inserted “or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails” in 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), (5), substituted “visual depiction is of” for “visual or print medium depicts”.

Subsec. (b). Pub. L. 98–292, § 4(8)–(11), substituted “individual” for “person” in three places, “$100,000” for “$10,000”, and “$200,000” for “$15,000”, and inserted “Any organization which violates this section shall be fined not more than $250,000.”

Statutory Notes and Related Subsidiaries

Confirmation of Intent of Congress in Enacting Sections 2252 and 2256 of This Title

Pub. L. 103–322, title XVI, § 160003(a), , 108 Stat. 2038, provided that:

“(a)

Declaration.—

The Congress declares that in enacting sections 2252 and 2256 of title 18, United States Code, 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.”

Credits

1978–2024 · 13 acts
  1. 1978Added Pub. L. 95–225, § 2(a), , 92 Stat. 7
  2. 1984amended Pub. L. 98–292, § 4, , 98 Stat. 204
  3. 1986Pub. L. 99–500, § 101(b) [title VII, § 704(b)], , 100 Stat. 1783–39, 1783–75, and Pub. L. 99–591, § 101(b) [title VII, § 704(b)], , 100 Stat. 3341–39, 3341–75
  4. 1988Pub. L. 100–690, title VII, § 7511(b), , 102 Stat. 4485
  5. 1990Pub. L. 101–647, title III, § 323(a), (b), , 104 Stat. 4818, 4819
  6. 1994Pub. L. 103–322, title XVI, § 160001(d), (e), title XXXIII, § 330010(8), , 108 Stat. 2037, 2143
  7. 1996Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[5]], , 110 Stat. 3009, 3009–26, 3009–30
  8. 1998Pub. L. 105–314, title II, §§ 202(a), 203(a), , 112 Stat. 2977, 2978
  9. 2003Pub. L. 108–21, title I, § 103(a)(1)(B), (C), (b)(1)(C), (D), title V, § 507, , 117 Stat. 652, 653, 683
  10. 2006Pub. L. 109–248, title II, § 206(b)(2), , 120 Stat. 614
  11. 2008Pub. L. 110–358, title I, § 103(a)(3), (b), (c), title II, § 203(a), , 122 Stat. 4002, 4003
  12. 2012Pub. L. 112–206, § 2(a), , 126 Stat. 1490
  13. 2024Pub. L. 118–159, div. A, title V, § 569(3), , 138 Stat. 1906.
Show as published

(Added Pub. L. 95–225, § 2(a), , 92 Stat. 7; amended Pub. L. 98–292, § 4, , 98 Stat. 204; Pub. L. 99–500, § 101(b) [title VII, § 704(b)], , 100 Stat. 1783–39, 1783–75, and Pub. L. 99–591, § 101(b) [title VII, § 704(b)], , 100 Stat. 3341–39, 3341–75; Pub. L. 100–690, title VII, § 7511(b), , 102 Stat. 4485; Pub. L. 101–647, title III, § 323(a), (b), , 104 Stat. 4818, 4819; Pub. L. 103–322, title XVI, § 160001(d), (e), title XXXIII, § 330010(8), , 108 Stat. 2037, 2143; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[5]], , 110 Stat. 3009, 3009–26, 3009–30; Pub. L. 105–314, title II, §§ 202(a), 203(a), , 112 Stat. 2977, 2978; Pub. L. 108–21, title I, § 103(a)(1)(B), (C), (b)(1)(C), (D), title V, § 507, , 117 Stat. 652, 653, 683; Pub. L. 109–248, title II, § 206(b)(2), , 120 Stat. 614; Pub. L. 110–358, title I, § 103(a)(3), (b), (c), title II, § 203(a), , 122 Stat. 4002, 4003; Pub. L. 112–206, § 2(a), , 126 Stat. 1490; Pub. L. 118–159, div. A, title V, § 569(3), , 138 Stat. 1906.)

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