18-U.S.C.-2252
§2252 – Certain Activities Relating to Material Involving The Sexual Exploitation of Minors
Pathway
Title 18 > Part I > Chapter 110 > Section 2252
Details
- Reference: Section 2252
- Legend: §2252 – Certain Activities Relating to Material Involving The Sexual Exploitation of Minors
- USCode Year: 2013
Provision Content
(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 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 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 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.
(Added Pub. L. 95–225, §2(a), Feb. 6, 1978, 92 Stat. 7; amended Pub. L. 98–292, §4, May 21, 1984, 98 Stat. 204; Pub. L. 99–500, §101(b) [title VII, §704(b)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–75, and Pub. L. 99–591, §101(b) [title VII, §704(b)], Oct. 30, 1986, 100 Stat. 3341–39, 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[5]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 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; Pub. L. 110–358, title I, §103(a)(3), (b), (c), title II, §203(a), Oct. 8, 2008, 122 Stat. 4002, 4003; Pub. L. 112–206, §2(a), Dec. 7, 2012, 126 Stat. 1490.)
Codification
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Amendments
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.
Confirmation of Intent of Congress in Enacting Sections 2252 and 2256 of This Title
Pub. L. 103–322, title XVI, §160003(a), Sept. 13, 1994, 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.
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