§ 2256. Definitions for chapter

Footnotes

1. 1 So in original. Probably should be “(8)(B)”.

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. 1978

   Protection of Children Against Sexual Exploitation Act of 1977

   Pub. L. 95–225 § 2(a) · 92 Stat. 7

   Enacted · 18 U.S.C. § 2256

   Added Pub. L. 95–225, § 2(a), Feb. 6, 1978, 92 Stat. 8, § 2253

   Source evidence

   Code source credit
   Added Pub. L. 95–225, § 2(a), Feb. 6, 1978, 92 Stat. 8, § 2253

   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. 1984

   Child Protection Act of 1984

   Pub. L. 98–292 § 5(b) · 98 Stat. 204

   Changed · 18 U.S.C. § 2256

   Pub. L. 98–292, § 5(b), renumbered section 2253 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 98–292, § 5(b), renumbered section 2253 of this title as this section.

   Enacted provision · exact public law section
   (b) Section 2253 of title 18 of the United States Code, as amended 18 USC 2255. by subsection (a) is redesignated as section 2255.

3. 1984

   Child Protection Act of 1984

   Pub. L. 98–292 § 5(a)(1) · 98 Stat. 204

   Substituted · 18 U.S.C. § 2256(1)

   Pub. L. 98–292, § 5(a)(1), substituted “eighteen” for “sixteen”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 98–292, § 5(a)(1), substituted “eighteen” for “sixteen”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking out “sixteen” and inserting “eighteen” in lieu thereof;

4. 1984

   Child Protection Act of 1984

   Pub. L. 98–292 § 5(a)(2) · 98 Stat. 204

   1. Substituted · 18 U.S.C. § 2256(2)(D)

      Pub. L. 98–292, § 5(a)(2), (3), substituted “sadistic or masochistic” for “sado-masochistic”

   2. Struck · 18 U.S.C. § 2256(2)(D)

      Pub. L. 98–292, § 5(a)(2), (3), struck out “(for the purpose of sexual stimulation)” after “abuse”

   Source evidence

   Code amendment note
   Par. (2)(D). Pub. L. 98–292, § 5(a)(2), (3), substituted “sadistic or masochistic” for “sado-masochistic” and struck out “(for the purpose of sexual stimulation)” after “abuse”.

   Enacted provision · exact public law section
   (2) by striking out “sado-masochistic” and inserting “sadistic or masochistic” in lieu thereof;

5. 1984

   Child Protection Act of 1984

   Pub. L. 98–292 § 5(a)(4) · 98 Stat. 204

   Substituted · 18 U.S.C. § 2256(2)(E)

   Pub. L. 98–292, § 5(a)(4), substituted “lascivious” for “lewd”

   Source evidence

   Code amendment note
   Par. (2)(E). Pub. L. 98–292, § 5(a)(4), substituted “lascivious” for “lewd”.

   Enacted provision · exact public law section
   (4) by striking out “lewd” and inserting “lascivious” in lieu thereof;

6. 1984

   Child Protection Act of 1984

   Pub. L. 98–292 § 5(a)(5) · 98 Stat. 204

   Struck · 18 U.S.C. § 2256(3)

   Pub. L. 98–292, § 5(a)(5), struck out “, for pecuniary profit” after “advertising”

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 98–292, § 5(a)(5), struck out “, for pecuniary profit” after “advertising”.

   Enacted provision · exact public law section
   (5) by striking out “, for pecuniary profit”; and

7. 1984

   Child Protection Act of 1984

   Pub. L. 98–292 § 5(a)(6) · 98 Stat. 204

   Substituted · 18 U.S.C. § 2256(4)

   Pub. L. 98–292, § 5(a)(6), substituted “ ‘organization’ means a person other than an individual” for “ ‘visual or print medium’ means any film, photograph, negative, slide, book, magazine, or other visual or print medium”

   Source evidence

   Code amendment note
   Par. (4). Pub. L. 98–292, § 5(a)(6), substituted “ ‘organization’ means a person other than an individual” for “ ‘visual or print medium’ means any film, photograph, negative, slide, book, magazine, or other visual or print medium”.

   Enacted provision · exact public law section
   (6) by amending paragraph (4) to read as follows: “(4) ‘organization’ means a person other than an individual.”.

8. 1986

   Pub. L. 99–500 § 101(b)(tVII)(s703)(a) · 100 Stat. 1783-39

   Changed · 18 U.S.C. § 2256

   Pub. L. 99–500 and Pub. L. 99–591 renumbered section 2255 of this title as this section

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

   Source evidence

   Code amendment note
   Pub. L. 99–500 and Pub. L. 99–591 renumbered section 2255 of this title as this section.

9. 1986

   Child Sexual Abuse and Pornography Act of 1986

   Pub. L. 99–628 § 4 · 100 Stat. 3510

   Added · 18 U.S.C. § 2256(5)

   Pub. L. 99–628, which directed that par. (5) be added to section 2255 of this title, was executed by adding par. (5) to section 2256 of this title to reflect the probable intent of Congress and the renumbering of section 2255 as 2256 by Pub. L. 99–500 and Pub. L. 99–591

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 99–628, which directed that par. (5) be added to section 2255 of this title, was executed by adding par. (5) to section 2256 of this title to reflect the probable intent of Congress and the renumbering of section 2255 as 2256 by Pub. L. 99–500 and Pub. L. 99–591.

   Enacted provision · exact public law section
   SEC. 4. CLARIFICATION OF MEANING OF VISUAL DEPICTION. Section 2255 of title 18, United States Code, is amended— (1) by striking out “and” at the end of paragraph (3); (2) by striking out the period at the end of paragraph (4) and inserting “; and” in lieu thereof; and (3) by adding at the end the following: “(5) ‘visual depiction’ includes undeveloped film and video-tape.”.

10. 1988

    Child Protection and Obscenity Enforcement Act of 1988

    Pub. L. 100–690 § 7511(c) · 102 Stat. 4181

    Added · 18 U.S.C. § 2256(6)

    Pub. L. 100–690, § 7511(c), added par. (6)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 100–690, § 7511(c), added par. (6).

    Enacted provision · exact public law section
    (c) Definition.— Section 2256 of title 18, United States Code, is amended— (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof: “; and”; and (3) by adding at the end the following: “(6) ‘computer’ has the meaning given that term in section 1030 of this title.”.

11. 1988

    Child Protection and Obscenity Enforcement Act of 1988

    Pub. L. 100–690 § 7512(b) · 102 Stat. 4181

    Added · 18 U.S.C. § 2256(7)

    Pub. L. 100–690, § 7512(b), added par. (7)

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 100–690, § 7512(b), added par. (7).

    Enacted provision · exact public law section
    (b) Definition.— Section 2256 of title 18, United States Code, as amended by section 201 of this Act, is further amended— (1) by striking out “and” at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting “; and” in lieu thereof; and (3) by adding at the end the following: “(7) ‘custody or control’ includes temporary supervision over or responsibility for a minor whether legally or illegally obtained.”.

12. 1996

    Amber Hagerman Child Protection Act of 1996

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

    Inserted · 18 U.S.C. § 2256(5)

    Pub. L. 104–208, § 101(a) [title I, § 121[2(1)]], inserted “, and data stored on computer disk or by electronic means which is capable of conversion into a visual image” before semicolon at end

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 104–208, § 101(a) [title I, § 121[2(1)]], inserted “, and data stored on computer disk or by electronic means which is capable of conversion into a visual image” before semicolon at end.

    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:

13. 1996

    Amber Hagerman Child Protection Act of 1996

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

    Added · 18 U.S.C. § 2256(8); 18 U.S.C. § 2256(9)

    Pub. L. 104–208, § 101(a) [title I, § 121[2(2)–(4)]], added pars. (8) and (9)

    Source evidence

    Code amendment note
    Pars. (8), (9). Pub. L. 104–208, § 101(a) [title I, § 121[2(2)–(4)]], added pars. (8) and (9).

    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:

14. 2003

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

    Pub. L. 108–21 § 502(b) · 117 Stat. 650

    Amended · 18 U.S.C. § 2256(2)

    Pub. L. 108–21, § 502(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 108–21, § 502(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

    “(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) sadistic or masochistic abuse; or “(E) lascivious exhibition of the genitals or pubic area of any person;”.

    Enacted provision · exact public law section
    (b) Section 2256(2) of title 18, United States Code, is amended to read as follows: “(2) (A) Except as provided in subparagraph (B), ‘sexually explicit conduct’ means actual or simulated— “(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; “(ii) bestiality; “(iii) masturbation; “(iv) sadistic or masochistic abuse; or “(v) lascivious exhibition of the genitals or pubic area of any person; “(B) For purposes of subsection 8(B) of this section, ‘sexually explicit conduct’ means— “(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; “(ii) graphic or lascivious simulated; “(I) bestiality; “(II) masturbation; or “(III) sadistic or masochistic abuse; or “(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;” .

15. 2003

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

    Pub. L. 108–21 § 502(a)(1) · 117 Stat. 650

    Amended · 18 U.S.C. § 2256(8)(B)

    Pub. L. 108–21, § 502(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;”

    Source evidence

    Code amendment note
    Par. (8)(B). Pub. L. 108–21, § 502(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;”.

    Enacted provision · exact public law section
    (1) so that subparagraph (B) reads as follows: “(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or” ;

16. 2003

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

    Pub. L. 108–21 § 502(a)(2) · 117 Stat. 650

    Substituted · 18 U.S.C. § 2256(8)(C)

    Pub. L. 108–21, § 502(a)(2), substituted a period for “; or” at end

    Source evidence

    Code amendment note
    Par. (8)(C). Pub. L. 108–21, § 502(a)(2), substituted a period for “; or” at end.

    Enacted provision · exact public law section
    (2) by striking “; or” at the end of subparagraph (C) and inserting a period; and

17. 2003

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

    Pub. L. 108–21 § 502(a)(3) · 117 Stat. 650

    Struck · 18 U.S.C. § 2256(8)(D)

    Pub. L. 108–21, § 502(a)(3), struck out subpar. (D) which read as follows: “such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct; and”

    Source evidence

    Code amendment note
    Par. (8)(D). Pub. L. 108–21, § 502(a)(3), struck out subpar. (D) which read as follows: “such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct; and”.

    Enacted provision · exact public law section
    (3) by striking subparagraph (D).

18. 2003

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

    Pub. L. 108–21 § 502(c) · 117 Stat. 650

    Added · 18 U.S.C. § 2256(10); 18 U.S.C. § 2256(11)

    Pub. L. 108–21, § 502(c), added pars. (10) and (11)

    Source evidence

    Code amendment note
    Pars. (10), (11). Pub. L. 108–21, § 502(c), added pars. (10) and (11).

    Enacted provision · exact public law section
    (c) Section 2256 is amended by inserting at the end the following new paragraphs: “(10) ‘graphic’, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and “(11) the term ‘indistinguishable’ used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.” .

19. 2008

    Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008

    Pub. L. 110–401 title III § 302 · 122 Stat. 4229

    Struck and inserted · 18 U.S.C. § 2256(5)

    Pub. L. 110–401 struck out “and” before “data stored” and inserted “, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format” before semicolon at end

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 110–401 struck out “and” before “data stored” and inserted “, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format” before semicolon at end.

    Enacted provision · exact public law section
    SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES CODE.   Section 2256(5) of title 18, United States Code is amended by— (1) striking “and” before “data”; (2) after “visual image” by inserting “, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format”.

20. 2018

    Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018

    Pub. L. 115–299 § 7(c) · 132 Stat. 4383

    Substituted · 18 U.S.C. § 2256(2)(A)(v); 18 U.S.C. § 2256(2)(B)(iii)

    Pub. L. 115–299 substituted “anus, genitals, or” for “genitals or”

    Source evidence

    Code amendment note
    Par. (2)(A)(v), (B)(iii). Pub. L. 115–299 substituted “anus, genitals, or” for “genitals or”.

    Enacted provision · exact public law section
    (c) Clarification of the Definition of “Sexually Explicit Conduct”.— Section 2256(2) of title 18, United States Code, is amended— (1) in subparagraph (A)(v)— (A) by inserting “anus,” before “genitals”; and (B) by inserting a comma after “genitals”; and (2) in subparagraph (B)(iii)— (A) by inserting “anus,” before “genitals”; and (B) by inserting a comma after “genitals”.

20 of 21 references resolved to an enrolled provision · 1 unresolved