§ 2260. Production of sexually explicit depictions of a minor for importation into the United States

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. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XVI § 160001(a) · 108 Stat. 1796

   Enacted · 18 U.S.C. § 2260

   Added Pub. L. 103–322, title XVI, § 160001(a), Sept. 13, 1994, 108 Stat. 2036, § 2258

   Source evidence

   Code source credit
   Added Pub. L. 103–322, title XVI, § 160001(a), Sept. 13, 1994, 108 Stat. 2036, § 2258

   Enacted provision · exact public law section
   (a) Import Related Offense.— Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section: “§2258. Production of sexually explicit depictions of a minor for importation into the United States “(a) Use of Minor.— A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c). “(b) Use of Visual Depiction.— A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c). “(c) Penalties.— A person who violates subsection (a) or (b), or conspires or attempts to do so— “(1) shall be fined under this title, imprisoned not more than 10 years, or both; and “(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.”.

2. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 601(i)(1) · 110 Stat. 3488

   Changed · 18 U.S.C. § 2260

   Pub. L. 104–294 renumbered section 2258, relating to production of sexually explicit depictions of minor, as this section

   Source evidence

   Code amendment note
   Pub. L. 104–294 renumbered section 2258, relating to production of sexually explicit depictions of minor, as this section.

   Enacted provision · exact public law section
   (1) Redesignation.— That section 2258 added to title 18, United States Code, by section 160001(a) of the Violent Crime Control and Law Enforcement Act of 1994 is redesignated as section 2260.

3. 2006

   Adam Walsh Child Protection and Safety Act of 2006

   Pub. L. 109–248 title II § 206(b)(5) · 120 Stat. 587

   Amended · 18 U.S.C. § 2260(c)

   Pub. L. 109–248 amended subsec. (c) generally. Prior to amendment, text read as follows: “A person who violates subsection (a) or (b), or conspires or attempts to do so—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–248 amended subsec. (c) generally. Prior to amendment, text read as follows: “A person who violates subsection (a) or (b), or conspires or attempts to do so—

   “(1) shall be fined under this title, imprisoned not more than 10 years, or both; and “(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.”

   Enacted provision · exact public law section
   (5) Extraterritorial child pornography offenses.— Section 2260(c) of title 18, United States Code, is amended to read as follows: “(c) Penalties.— “(1) A person who violates subsection (a), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (e) of section 2251 for a violation of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions as described in that subsection. “(2) A person who violates subsection (b), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (b)(1) of section 2252 for a violation of paragraph (1), (2), or (3) of subsection (a) of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions as described in subsection (b)(1) of section 2252.” .

4. 2008

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

   Pub. L. 110–401 title III § 303 · 122 Stat. 4229

   Inserted · 18 U.S.C. § 2260(a)

   Pub. L. 110–401 inserted “or for the purpose of transmitting a live visual depiction of such conduct” after “for the purpose of producing any visual depiction of such conduct” and “or transmitted” after “imported”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–401 inserted “or for the purpose of transmitting a live visual depiction of such conduct” after “for the purpose of producing any visual depiction of such conduct” and “or transmitted” after “imported”.

   Enacted provision · exact public law section
   SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES CODE.   Section 2260(a) of title 18, United States Code, is amended by— (1) inserting “or for the purpose of transmitting a live visual depiction of such conduct” after “for the purpose of producing any visual depiction of such conduct”; and (2) inserting “or transmitted” after “imported”.

4 of 4 references resolved to an enrolled provision