US (United States) Code. Title 18. Chapter 110: Sexual exploitation and other abuse of children

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE

OF CHILDREN 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

.

-HEAD-

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-MISC1-

Sec.

2251. Sexual exploitation of children.

2251A. Selling or buying of children.

2252. Certain activities relating to material involving the sexual

exploitation of minors.

2252A. Certain activities relating to material constituting or

containing child pornography.

2253. Criminal forfeiture.

2254. Civil forfeiture.

2255. Civil remedy for personal injuries.

2256. Definitions for chapter.

2257. Record keeping requirements.

2258. Failure to report child abuse.

2259. Mandatory restitution.

2260. Production of sexually explicit depictions of a minor for

importation into the United States.

AMENDMENTS

1996 - Pub. L. 104-294, title VI, Sec. 601(i)(2), Oct. 11, 1996,

110 Stat. 3501, redesignated item 2258, relating to production of

sexually explicit depictions of a minor, as 2260.

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title I, Sec.

121(3(b))), Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-30, added

item 2252A.

1994 - Pub. L. 103-322, title IV, Sec. 40113(b)(2), title XVI,

Sec. 160001(b)(1), Sept. 13, 1994, 108 Stat. 1910, 2037, added

items 2258, relating to production of sexually explicit depictions

of a minor, and 2259.

1990 - Pub. L. 101-647, title II, Sec. 226(g)(2), Nov. 29, 1990,

104 Stat. 4808, inserted ''AND OTHER ABUSE'' after ''EXPLOITATION''

in chapter heading and added item 2258.

1988 - Pub. L. 100-690, title VII, Sec. 7512(c), 7513(b), Nov.

18, 1988, 102 Stat. 4487, 4488, added items 2251A and 2257.

1986 - Pub. L. 99-500, Sec. 101(b), (title VII, Sec. 703(b)),

Oct. 18, 1986, 100 Stat. 1783-39, 1783-75, and Pub. L. 99-591, Sec.

101(b) (title VII, Sec. 703(b)), Oct. 30, 1986, 100 Stat. 3341-39,

3341-75, added item 2255 and redesignated former item 2255 as 2256.

1984 - Pub. L. 98-292, Sec. 7, May 21, 1984, 98 Stat. 206, added

items 2253 and 2254 and redesignated former item 2253 as 2255.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2426, 3156, 3592, 3663,

4042 of this title; title 19 section 1583; title 42 section 14135a;

title 47 section 230.

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18 USC Sec. 2251 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2251. Sexual exploitation of children

-STATUTE-

(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, or who transports any minor in interstate or

foreign commerce, or in any Territory or Possession of the United

States, with the intent that such minor engage in, any sexually

explicit conduct for the purpose of producing any visual depiction

of such conduct, shall be punished as provided under subsection

(d), if such person knows or has reason to know that such visual

depiction will be transported in interstate or foreign commerce or

mailed, if that visual depiction was produced using materials that

have been mailed, shipped, or transported in interstate or foreign

commerce by any means, including by computer, or if such visual

depiction 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 depiction of such

conduct shall be punished as provided under subsection (d) of this

section, if such parent, legal guardian, or person knows or has

reason to know that such visual depiction will be transported in

interstate or foreign commerce or mailed, if that visual depiction

was produced using materials that have been mailed, shipped, or

transported in interstate or foreign commerce by any means,

including by computer, or if such visual depiction has actually

been transported in interstate or foreign commerce or mailed.

(c)(1) Any person who, in a circumstance described in paragraph

(2), knowingly makes, prints, or publishes, or causes to be made,

printed, or published, any notice or advertisement seeking or

offering -

(A) to receive, exchange, buy, produce, display, distribute, or

reproduce, any visual depiction, if the production of such visual

depiction involves the use of a minor engaging in sexually

explicit conduct and such visual depiction is of such conduct; or

(B) participation in any act of sexually explicit conduct by or

with any minor for the purpose of producing a visual depiction of

such conduct;

shall be punished as provided under subsection (d).

(2) The circumstance referred to in paragraph (1) is that -

(A) such person knows or has reason to know that such notice or

advertisement will be transported in interstate or foreign

commerce by any means including by computer or mailed; or

(B) such notice or advertisement is transported in interstate

or foreign commerce by any means including by computer or mailed.

(d) Any individual who violates, or attempts or conspires to

violate, this section shall be fined under this title or imprisoned

not less than 10 years nor more than 20 years, and (FOOTNOTE 1)

both, but if such person has one prior conviction under this

chapter, chapter 109A, or chapter 117, or under the laws of any

State relating to the sexual exploitation of children, such person

shall be fined under this title and imprisoned for not less than 15

years nor more than 30 years, but if such person has 2 or more

prior convictions under this chapter, chapter 109A, or chapter 117,

or under the laws of any State relating to the sexual exploitation

of children, such person shall be fined under this title and

imprisoned not less than 30 years nor more than life. Any

organization that violates, or attempts or conspires to violate,

this section shall be fined under this title. Whoever, in the

course of an offense under this section, engages in conduct that

results in the death of a person, shall be punished by death or

imprisoned for any term of years or for life.

(FOOTNOTE 1) So in original. Probably should be ''or''.

-SOURCE-

(Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 7; amended

Pub. L. 98-292, Sec. 3, May 21, 1984, 98 Stat. 204; Pub. L. 99-500,

Sec. 101(b) (title VII, Sec. 704(a)), Oct. 18, 1986, 100 Stat.

1783-39, 1783-75, and Pub. L. 99-591, Sec. 101(b) (title VII, Sec.

704(a)), Oct. 30, 1986, 100 Stat. 3341-39, 3341-75; Pub. L. 99-628,

Sec. 2, 3, Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100-690, title

VII, Sec. 7511(a), Nov. 18, 1988, 102 Stat. 4485; Pub. L. 101-647,

title XXXV, Sec. 3563, Nov. 29, 1990, 104 Stat. 4928; Pub. L.

103-322, title VI, Sec. 60011, title XVI, Sec. 160001(b)(2), (c),

(e), title XXXIII, Sec. 330016(1)(S)-(U), Sept. 13, 1994, 108 Stat.

1973, 2037, 2148; Pub. L. 104-208, div. A, title I, Sec. 101(a)

(title I, Sec. 121(4)), Sept. 30, 1996, 110 Stat. 3009, 3009-26,

3009-30; Pub. L. 105-314, title II, Sec. 201, Oct. 30, 1998, 112

Stat. 2977.)

-COD-

CODIFICATION

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

-MISC3-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-314, Sec. 201(a), inserted ''if

that visual depiction was produced using materials that have been

mailed, shipped, or transported in interstate or foreign commerce

by any means, including by computer,'' before ''or if''.

Subsec. (b). Pub. L. 105-314, Sec. 201(b), inserted '', if that

visual depiction was produced using materials that have been

mailed, shipped, or transported in interstate or foreign commerce

by any means, including by computer,'' before ''or if''.

Subsec. (d). Pub. L. 105-314, Sec. 201(c), substituted '',

chapter 109A, or chapter 117'' for ''or chapter 109A'' in two

places.

1996 - Subsec. (d). Pub. L. 104-208 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''Any

individual who violates, or attempts or conspires to violate, this

section shall be fined under this title, imprisoned not more than

10 years, or both, but, if such individual has a prior conviction

under this chapter or chapter 109A, such individual shall be fined

under this title, imprisoned not less than five years nor more than

15 years, or both. Any organization which violates, or attempts or

conspires to violate, this section shall be fined under this

title. Whoever, in the course of an offense under this section,

engages in conduct that results in the death of a person, shall be

punished by death or imprisoned for any term of years or for

life.''

1994 - Pub. L. 103-322, Sec. 330016(1)(S)-(U), which directed the

amendment of this section by substituting ''under this title'' for

''not more than $100,000'', ''not more than $200,000'', and ''not

more than $250,000'', could not be executed because those phrases

did not appear in text subsequent to amendment of subsec. (d) by

Pub. L. 103-322, Sec. 160001(b)(2). See below.

Subsec. (d). Pub. L. 103-322, Sec. 160001(e), inserted '', or

attempts or conspires to violate,'' after ''violates'' in two

places.

Pub. L. 103-322, Sec. 160001(c), substituted ''conviction under

this chapter or chapter 109A'' for ''conviction under this

section''.

Pub. L. 103-322, Sec. 160001(b)(2)(C), substituted ''fined under

this title'' for ''fined not more than $250,000'' in penultimate

sentence.

Pub. L. 103-322, Sec. 160001(b)(2)(B), substituted ''fined under

this title,'' for ''fined not more than $200,000, or'' before

''imprisoned not less than five years''.

Pub. L. 103-322, Sec. 160001(b)(2)(A), substituted ''fined under

this title,'' for ''fined not more than $100,000, or'' before

''imprisoned not more than 10 years''.

Pub. L. 103-322, Sec. 60011, inserted at end ''Whoever, in the

course of an offense under this section, engages in conduct that

results in the death of a person, shall be punished by death or

imprisoned for any term of years or for life.''

1990 - Subsec. (a). Pub. L. 101-647 substituted ''person to

engage in,'' for ''person to engage in,,''.

1988 - Subsec. (c)(2)(A), (B). Pub. L. 100-690 inserted ''by any

means including by computer'' after ''commerce''.

1986 - Subsec. (a). Pub. L. 99-628, Sec. 2(1), (3), inserted '',

or who transports any minor in interstate or foreign commerce, or

in any Territory or Possession of the United States, with the

intent that such minor engage in,'' after ''assist any other person

to engage in,'' and substituted ''subsection (d)'' for ''subsection

(c)''.

Subsec. (b). Pub. L. 99-628, Sec. 2(2), substituted ''subsection

(d)'' for ''subsection (c)''.

Subsecs. (c), (d). Pub. L. 99-628, Sec. 2(3), (4), added subsec.

(c) and redesignated former subsec. (c) as (d).

Pub. L. 99-500 and Pub. L. 99-591 substituted ''five years'' for

''two years'' in subsec. (c).

1984 - Subsecs. (a), (b). Pub. L. 98-292, Sec. 3(1), (2),

substituted ''visual depiction'' for ''visual or print medium'' in

three places and substituted ''of'' for ''depicting'' before ''such

conduct''.

Subsec. (c). Pub. L. 98-292, Sec. 3(3)-(6), 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.''

SHORT TITLE OF 1996 AMENDMENT

Section 101(a) (title I, Sec. 121) of div. A of Pub. L. 104-208

provided in part that: ''This section (enacting section 2252A of

this title, amending this section, sections 2241, 2243, 2252, and

2256 of this title, and section 2000aa of Title 42, The Public

Health and Welfare, and enacting provisions set out as notes under

this section and section 2241 of this title) may be cited as the

'Child Pornography Prevention Act of 1996'.''

SHORT TITLE OF 1990 AMENDMENT

Section 301(a) of title III of Pub. L. 101-647 provided that:

''This title (amending sections 1460, 2243, 2252, and 2257 of this

title and enacting provisions set out as notes under section 2257

of this title and section 994 of Title 28, Judiciary and Judicial

Procedure) may be cited as the 'Child Protection Restoration and

Penalties Enhancement Act of 1990'.''

SHORT TITLE OF 1988 AMENDMENT

Section 7501 of title VII of Pub. L. 100-690 provided that:

''This subtitle (subtitle N (Sec. 7501-7526) of title VII of Pub.

L. 100-690, enacting sections 1460, 1466 to 1469, 2251A, and 2257

of this title, amending this section, sections 1465, 1961, 2252 to

2254, 2256, and 2516 of this title, section 1305 of Title 19,

Customs Duties, and section 223 of Title 47, Telegraphs,

Telephones, and Radiotelegraphs, and enacting provisions set out as

a note under section 2257 of this title) may be cited as the 'Child

Protection and Obscenity Enforcement Act of 1988'.''

SHORT TITLE OF 1986 AMENDMENTS

Section 1 of Pub. L. 99-628 provided that: ''This Act (enacting

sections 2421 to 2423 of this title, amending this section and

sections 2255 and 2424 of this title, and repealing former sections

2421 to 2423 of this title) may be cited as the 'Child Sexual Abuse

and Pornography Act of 1986'.''

Section 101(b) (title VII, Sec. 701) of Pub. L. 99-500 and Pub.

L. 99-591 provided that: ''This title (enacting section 2255 of

this title, amending this section and section 2252 of this title,

redesignating former section 2255 of this title as 2256, and

enacting provisions set out as notes under this section) may be

cited as the 'Child Abuse Victims' Rights Act of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-292 provided: ''That this Act (enacting

sections 2253 and 2254 of this title, amending this section and

sections 2252, 2255, and 2516 of this title, and enacting

provisions set out as notes under this section and section 522 of

Title 28, Judiciary and Judicial Procedure) may be cited as the

'Child Protection Act of 1984'.''

SHORT TITLE

Section 1 of Pub. L. 95-225 provided: ''That this Act (enacting

this chapter and amending section 2423 of this title) may be cited

as the 'Protection of Children Against Sexual Exploitation Act of

1977'.''

SEVERABILITY

Section 101(a) (title I, Sec. 121(8)) of Pub. L. 104-208 provided

that: ''If any provision of this Act (probably means section 121 of

Pub. L. 104-208, div. A, title I, Sec. 101(a), see Short Title of

1996 Amendment note above), including any provision or section of

the definition of the term child pornography, an amendment made by

this Act, or the application of such provision or amendment to any

person or circumstance is held to be unconstitutional, the

remainder of this Act, including any other provision or section of

the definition of the term child pornography, the amendments made

by this Act, and the application of such to any other person or

circumstance shall not be affected thereby.''

Section 4 of Pub. L. 95-225 provided that: ''If any provision of

this Act (see Short Title note set out above) or the application

thereof to any person or circumstances is held invalid, the

remainder of the Act and the application of the provision to other

persons not similarly situated or to other circumstances shall not

be affected thereby.''

CONGRESSIONAL FINDINGS

Section 101(a) (title I, Sec. 121(1)) of Pub. L. 104-208 provided

that: ''Congress finds that -

''(1) the use of children in the production of sexually

explicit material, including photographs, films, videos, computer

images, and other visual depictions, is a form of sexual abuse

which can result in physical or psychological harm, or both, to

the children involved;

''(2) where children are used in its production, child

pornography permanently records the victim's abuse, and its

continued existence causes the child victims of sexual abuse

continuing harm by haunting those children in future years;

''(3) child pornography is often used as part of a method of

seducing other children into sexual activity; a child who is

reluctant to engage in sexual activity with an adult, or to pose

for sexually explicit photographs, can sometimes be convinced by

viewing depictions of other children 'having fun' participating

in such activity;

''(4) child pornography is often used by pedophiles and child

sexual abusers to stimulate and whet their own sexual appetites,

and as a model for sexual acting out with children; such use of

child pornography can desensitize the viewer to the pathology of

sexual abuse or exploitation of children, so that it can become

acceptable to and even preferred by the viewer;

''(5) new photographic and computer imagining (sic)

technologies make it possible to produce by electronic,

mechanical, or other means, visual depictions of what appear to

be children engaging in sexually explicit conduct that are

virtually indistinguishable to the unsuspecting viewer from

unretouched photographic images of actual children engaging in

sexually explicit conduct;

''(6) computers and computer imaging technology can be used to

-

''(A) alter sexually explicit photographs, films, and videos

in such a way as to make it virtually impossible for

unsuspecting viewers to identify individuals, or to determine

if the offending material was produced using children;

''(B) produce visual depictions of child sexual activity

designed to satisfy the preferences of individual child

molesters, pedophiles, and pornography collectors; and

''(C) alter innocent pictures of children to create visual

depictions of those children engaging in sexual conduct;

''(7) the creation or distribution of child pornography which

includes an image of a recognizable minor invades the child's

privacy and reputational interests, since images that are created

showing a child's face or other identifiable feature on a body

engaging in sexually explicit conduct can haunt the minor for

years to come;

''(8) the effect of visual depictions of child sexual activity

on a child molester or pedophile using that material to stimulate

or whet his own sexual appetites, or on a child where the

material is being used as a means of seducing or breaking down

the child's inhibitions to sexual abuse or exploitation, is the

same whether the child pornography consists of photographic

depictions of actual children or visual depictions produced

wholly or in part by electronic, mechanical, or other means,

including by computer, which are virtually indistinguishable to

the unsuspecting viewer from photographic images of actual

children;

''(9) the danger to children who are seduced and molested with

the aid of child sex pictures is just as great when the child

pornographer or child molester uses visual depictions of child

sexual activity produced wholly or in part by electronic,

mechanical, or other means, including by computer, as when the

material consists of unretouched photographic images of actual

children engaging in sexually explicit conduct;

''(10)(A) the existence of and traffic in child pornographic

images creates the potential for many types of harm in the

community and presents a clear and present danger to all

children; and

''(B) it inflames the desires of child molesters, pedophiles,

and child pornographers who prey on children, thereby increasing

the creation and distribution of child pornography and the sexual

abuse and exploitation of actual children who are victimized as a

result of the existence and use of these materials;

''(11)(A) the sexualization and eroticization of minors through

any form of child pornographic images has a deleterious effect on

all children by encouraging a societal perception of children as

sexual objects and leading to further sexual abuse and

exploitation of them; and

''(B) this sexualization of minors creates an unwholesome

environment which affects the psychological, mental and emotional

development of children and undermines the efforts of parents and

families to encourage the sound mental, moral and emotional

development of children;

''(12) prohibiting the possession and viewing of child

pornography will encourage the possessors of such material to rid

themselves of or destroy the material, thereby helping to protect

the victims of child pornography and to eliminate the market for

the sexual exploitative use of children; and

''(13) the elimination of child pornography and the protection

of children from sexual exploitation provide a compelling

governmental interest for prohibiting the production,

distribution, possession, sale, or viewing of visual depictions

of children engaging in sexually explicit conduct, including both

photographic images of actual children engaging in such conduct

and depictions produced by computer or other means which are

virtually indistinguishable to the unsuspecting viewer from

photographic images of actual children engaging in such

conduct.''

Section 101(b) (title VII, Sec. 702) of Pub. L. 99-500 and Pub.

L. 99-591 provided that: ''The Congress finds that -

''(1) child exploitation has become a multi-million dollar

industry, infiltrated and operated by elements of organized

crime, and by a nationwide network of individuals openly

advertising their desire to exploit children;

''(2) Congress has recognized the physiological, psychological,

and emotional harm caused by the production, distribution, and

display of child pornography by strengthening laws prescribing

such activity;

''(3) the Federal Government lacks sufficient enforcement tools

to combat concerted efforts to exploit children prescribed by

Federal law, and exploitation victims lack effective remedies

under Federal law; and

''(4) current rules of evidence, criminal procedure, and civil

procedure and other courtroom and investigative procedures

inhibit the participation of child victims as witnesses and

damage their credibility when they do testify, impairing the

prosecution of child exploitation offenses.''

Section 2 of Pub. L. 98-292 provided that: ''The Congress finds

that -

''(1) child pornography has developed into a highly organized,

multi-million-dollar industry which operates on a nationwide

scale;

''(2) thousands of children including large numbers of runaway

and homeless youth are exploited in the production and

distribution of pornographic materials; and

''(3) the use of children as subjects of pornographic materials

is harmful to the physiological, emotional, and mental health of

the individual child and to society.''

REPORT BY ATTORNEY GENERAL

Section 101(b) (title VII, Sec. 705) of Pub. L. 99-500 and Pub.

L. 99-591 required Attorney General, within one year after Oct. 18,

1986, to submit a report to Congress detailing possible changes in

Federal Rules of Evidence, Federal Rules of Criminal Procedure,

Federal Rules of Civil Procedure, and other Federal courtroom,

prosecutorial, and investigative procedures which would facilitate

the participation of child witnesses in cases involving child abuse

and sexual exploitation.

ANNUAL REPORT TO CONGRESS

Attorney General to report annually to Congress on prosecutions,

convictions, and forfeitures under this chapter, see section 9 of

Pub. L. 98-292, set out as a note under section 522 of Title 28,

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2253, 2254, 2255,

2516, 3486, 3559 of this title; title 8 section 1101; title 42

sections 2000aa, 13032, 14135a.

-CITE-

18 USC Sec. 2251A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2251A. Selling or buying of children

-STATUTE-

(a) Any parent, legal guardian, or other person having custody or

control of a minor who sells or otherwise transfers custody or

control of such minor, or offers to sell or otherwise transfer

custody of such minor either -

(1) with knowledge that, as a consequence of the sale or

transfer, the minor will be portrayed in a visual depiction

engaging in, or assisting another person to engage in, sexually

explicit conduct; or

(2) with intent to promote either -

(A) the engaging in of sexually explicit conduct by such

minor for the purpose of producing any visual depiction of such

conduct; or

(B) the rendering of assistance by the minor to any other

person to engage in sexually explicit conduct for the purpose

of producing any visual depiction of such conduct;

shall be punished by imprisonment for not less than 20 years or for

life and by a fine under this title, if any of the circumstances

described in subsection (c) of this section exist.

(b) Whoever purchases or otherwise obtains custody or control of

a minor, or offers to purchase or otherwise obtain custody or

control of a minor either -

(1) with knowledge that, as a consequence of the purchase or

obtaining of custody, the minor will be portrayed in a visual

depiction engaging in, or assisting another person to engage in,

sexually explicit conduct; or

(2) with intent to promote either -

(A) the engaging in of sexually explicit conduct by such

minor for the purpose of producing any visual depiction of such

conduct; or

(B) the rendering of assistance by the minor to any other

person to engage in sexually explicit conduct for the purpose

of producing any visual depiction of such conduct;

shall be punished by imprisonment for not less than 20 years or for

life and by a fine under this title, if any of the circumstances

described in subsection (c) of this section exist.

(c) The circumstances referred to in subsections (a) and (b) are

that -

(1) in the course of the conduct described in such subsections

the minor or the actor traveled in or was transported in

interstate or foreign commerce;

(2) any offer described in such subsections was communicated or

transported in interstate or foreign commerce by any means

including by computer or mail; or

(3) the conduct described in such subsections took place in any

territory or possession of the United States.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7512(a), Nov. 18, 1988, 102

Stat. 4486.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2253, 2254, 2255,

3486 of this title; title 8 section 1101; title 42 sections 2000aa,

13032, 14135a.

-CITE-

18 USC Sec. 2252 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2252. Certain activities relating to material involving the

sexual exploitation of minors

-STATUTE-

(a) Any person who -

(1) knowingly transports or ships in interstate or foreign

commerce by any means including by computer or mails, any visual

depiction, if -

(A) the producing of such visual depiction involves the use

of a minor engaging in sexually explicit conduct; and

(B) such visual depiction is of such conduct;

(2) knowingly receives, or distributes, any visual depiction

that has been mailed, or has been shipped or transported in

interstate or foreign commerce, or which contains materials which

have been mailed or so shipped or transported, by any means

including by computer, or knowingly reproduces any visual

depiction for distribution in interstate or foreign commerce or

through the mails, if -

(A) the producing of such visual depiction involves the use

of a minor engaging in sexually explicit conduct; and

(B) such visual depiction is of such conduct;

(3) either -

(A) in the special maritime and territorial jurisdiction of

the United States, or on any land or building owned by, leased

to, or otherwise used by or under the control of the Government

of the United States, or in the Indian country as defined in

section 1151 of this title, knowingly sells or possesses with

intent to sell any visual depiction; or

(B) knowingly sells or possesses with intent to sell any

visual depiction that has been mailed, or has been shipped or

transported in interstate or foreign commerce, or which was

produced using materials which have been mailed or so shipped

or transported, by any means, including by computer, if -

(i) the producing of such visual depiction involves the use

of a minor engaging in sexually explicit conduct; and

(ii) such visual depiction is of such conduct; or

(4) either -

(A) in the special maritime and territorial jurisdiction of

the United States, or on any land or building owned by, leased

to, or otherwise used by or under the control of the Government

of the United States, or in the Indian country as defined in

section 1151 of this title, knowingly possesses 1 or more

books, magazines, periodicals, films, video tapes, or other

matter which contain any visual depiction; or

(B) knowingly possesses 1 or more books, magazines,

periodicals, films, video tapes, or other matter which contain

any visual depiction that has been mailed, or has been shipped

or transported in interstate or foreign commerce, or which was

produced using materials which have been mailed or so shipped

or transported, by any means including by computer, if -

(i) the producing of such visual depiction involves the use

of a minor engaging in sexually explicit conduct; and

(ii) such visual depiction is of such conduct;

shall be punished as provided in subsection (b) of this section.

(b)(1) Whoever violates, or attempts or conspires to violate,

paragraphs (FOOTNOTE 1) (1), (2), or (3) of subsection (a) shall be

fined under this title or imprisoned not more than 15 years, or

both, but if such person has a prior conviction under this chapter,

chapter 109A, or chapter 117, 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 5 years nor more

than 30 years.

(FOOTNOTE 1) So in original. Probably should be ''paragraph''.

(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 5 years, or both, but if such person has a

prior conviction under this chapter, chapter 109A, or chapter 117,

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 2 years nor more than 10 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.

-SOURCE-

(Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 7; amended

Pub. L. 98-292, Sec. 4, May 21, 1984, 98 Stat. 204; Pub. L. 99-500,

Sec. 101(b) (title VII, Sec. 704(b)), Oct. 18, 1986, 100 Stat.

1783-39, 1783-75, and Pub. L. 99-591, Sec. 101(b) (title VII, Sec.

704(b)), Oct. 30, 1986, 100 Stat. 3341-39, 3341-75; Pub. L.

100-690, title VII, Sec. 7511(b), Nov. 18, 1988, 102 Stat. 4485;

Pub. L. 101-647, title III, Sec. 323(a), (b), Nov. 29, 1990, 104

Stat. 4818, 4819; Pub. L. 103-322, title XVI, Sec. 160001(d), (e),

title XXXIII, Sec. 330010(8), Sept. 13, 1994, 108 Stat. 2037, 2143;

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title I, Sec.

121(5)), Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-30; Pub. L.

105-314, title II, Sec. 202(a), 203(a), Oct. 30, 1998, 112 Stat.

2977, 2978.)

-COD-

CODIFICATION

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

-MISC3-

AMENDMENTS

1998 - Subsec. (a)(4)(A), (B). Pub. L. 105-314, Sec. 203(a)(1),

substituted ''1 or more'' for ''3 or more''.

Subsec. (b). Pub. L. 105-314, Sec. 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, Sec. 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, Sec. 330010(8),

substituted ''materials'' for ''materails'' in introductory

provisions.

Subsec. (b)(1). Pub. L. 103-322, Sec. 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, Sec. 160001(e), inserted '', or

attempts or conspires to violate,'' after ''violates''.

1990 - Subsec. (a). Pub. L. 101-647, Sec. 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, Sec. 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, Sec. 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, Sec. 4(4), substituted

''visual depiction'' for ''visual or print medium''.

Subsec. (a)(1)(B). Pub. L. 98-292, Sec. 4(4), (5), substituted

''visual depiction is of'' for ''visual or print medium depicts''.

Subsec. (a)(2). Pub. L. 98-292, Sec. 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, Sec. 4(4), substituted

''visual depiction'' for ''visual or print medium''.

Subsec. (a)(2)(B). Pub. L. 98-292, Sec. 4(4), (5), substituted

''visual depiction is of'' for ''visual or print medium depicts''.

Subsec. (b). Pub. L. 98-292, Sec. 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

Section 160003(a) of Pub. L. 103-322 provided that:

''(a) Declaration. - The Congress declares that in enacting

sections 2252 and 2256 of title 18, United States Code, 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2253, 2254, 2255,

2516, 3486 of this title; title 8 section 1101; title 42 sections

2000aa, 13032, 14135a.

-CITE-

18 USC Sec. 2252A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2252A. Certain activities relating to material constituting or

containing child pornography

-STATUTE-

(a) Any person who -

(1) knowingly mails, or transports or ships in interstate or

foreign commerce by any means, including by computer, any child

pornography;

(2) knowingly receives or distributes -

(A) any child pornography that has been mailed, or shipped or

transported in interstate or foreign commerce by any means,

including by computer; or

(B) any material that contains child pornography that has

been mailed, or shipped or transported in interstate or foreign

commerce by any means, including by computer;

(3) knowingly reproduces any child pornography for distribution

through the mails, or in interstate or foreign commerce by any

means, including by computer;

(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 United

States Government, or in the Indian country (as defined in

section 1151), knowingly sells or possesses with the intent to

sell any child pornography; or

(B) knowingly sells or possesses with the intent to sell any

child pornography that has been mailed, or shipped or

transported in interstate or foreign commerce by any means,

including by computer, or that was produced using materials

that have been mailed, or shipped or transported in interstate

or foreign commerce by any means, including by computer; or

(5) 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 United

States Government, or in the Indian country (as defined in

section 1151), knowingly possesses any book, magazine,

periodical, film, videotape, computer disk, or any other

material that contains an image of child pornography; or

(B) knowingly possesses any book, magazine, periodical, film,

videotape, computer disk, or any other material that contains

an image of child pornography that has been mailed, or shipped

or transported in interstate or foreign commerce by any means,

including by computer, or that was produced using materials

that have been mailed, or shipped or transported in interstate

or foreign commerce by any means, including by computer,

shall be punished as provided in subsection (b).

(b)(1) Whoever violates, or attempts or conspires to violate,

paragraph (1), (2), (3), or (4) of subsection (a) shall be fined

under this title or imprisoned not more than 15 years, or both,

but, if such person has a prior conviction under this chapter,

chapter 109A, or chapter 117, 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 5 years nor more

than 30 years.

(2) Whoever violates, or attempts or conspires to violate,

subsection (a)(5) shall be fined under this title or imprisoned not

more than 5 years, or both, but, if such person has a prior

conviction under this chapter, chapter 109A, or chapter 117, 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 2 years nor more than 10 years.

(c) It shall be an affirmative defense to a charge of violating

paragraph (1), (2), (3), or (4) of subsection (a) that -

(1) the alleged child pornography was produced using an actual

person or persons engaging in sexually explicit conduct;

(2) each such person was an adult at the time the material was

produced; and

(3) the defendant did not advertise, promote, present,

describe, or distribute the material in such a manner as to

convey the impression that it is or contains a visual depiction

of a minor engaging in sexually explicit conduct.

(d) Affirmative Defense. - It shall be an affirmative defense to

a charge of violating subsection (a)(5) that the defendant -

(1) possessed less than three images of child pornography; and

(2) promptly and in good faith, and without retaining or

allowing any person, other than a law enforcement agency, to

access any image or copy thereof -

(A) took reasonable steps to destroy each such image; or

(B) reported the matter to a law enforcement agency and

afforded that agency access to each such image.

-SOURCE-

(Added Pub. L. 104-208, div. A, title I, Sec. 101(a) (title I,

Sec. 121(3(a))), Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-28;

amended Pub. L. 105-314, title II, Sec. 202(b), 203(b), Oct. 30,

1998, 112 Stat. 2978; Pub. L. 107-273, div. B, title IV, Sec.

4003(a)(5), Nov. 2, 2002, 116 Stat. 1811.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (b)(1), (c). Pub. L. 107-273 substituted

''paragraph'' for ''paragraphs''.

1998 - Subsec. (a)(5)(A), (B). Pub. L. 105-314, Sec. 203(b)(1),

substituted ''an image'' for ''3 or more images''.

Subsec. (b). Pub. L. 105-314, Sec. 202(b), 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. (d). Pub. L. 105-314, Sec. 203(b)(2), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2253, 2254, 2255, 3486 of

this title; title 42 sections 2000aa, 13032.

-CITE-

18 USC Sec. 2253 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2253. Criminal forfeiture

-STATUTE-

(a) Property Subject to Criminal Forfeiture. - A person who is

convicted of an offense under this chapter involving a visual

depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of

this chapter, or who is convicted of an offense under section 2421,

2422, or 2423 of chapter 117, shall forfeit to the United States

such person's interest in -

(1) any visual depiction described in section 2251, 2251A, or

2252 of this chapter, or any book, magazine, periodical, film,

videotape, or other matter which contains any such visual

depiction, which was produced, transported, mailed, shipped or

received in violation of this chapter;

(2) any property, real or personal, constituting or traceable

to gross profits or other proceeds obtained from such offense;

and

(3) any property, real or personal, used or intended to be used

to commit or to promote the commission of such offense.

(b) Third Party Transfers. - All right, title, and interest in

property described in subsection (a) of this section vests in the

United States upon the commission of the act giving rise to

forfeiture under this section. Any such property that is

subsequently transferred to a person other than the defendant may

be the subject of a special verdict of forfeiture and thereafter

shall be ordered forfeited to the United States, unless the

transferee establishes in a hearing pursuant to subsection (m) of

this section that he is a bona fide purchaser for value of such

property who at the time of purchase was reasonably without cause

to believe that the property was subject to forfeiture under this

section.

(c) Protective Orders. - (1) Upon application of the United

States, the court may enter a restraining order or injunction,

require the execution of a satisfactory performance bond, or take

any other action to preserve the availability of property described

in subsection (a) of this section for forfeiture under this section

-

(A) upon the filing of an indictment or information charging a

violation of this chapter for which criminal forfeiture may be

ordered under this section and alleging that the property with

respect to which the order is sought would, in the event of

conviction, be subject to forfeiture under this section; or

(B) prior to the filing of such an indictment or information,

if, after notice to persons appearing to have an interest in the

property and opportunity for a hearing, the court determines that

-

(i) there is a substantial probability that the United States

will prevail on the issue of forfeiture and that failure to

enter the order will result in the property being destroyed,

removed from the jurisdiction of the court, or otherwise made

unavailable for forfeiture; and

(ii) the need to preserve the availability of the property

through the entry of the requested order outweighs the hardship

on any party against whom the order is to be entered;

except that an order entered pursuant to subparagraph (B) shall be

effective for not more than 90 days, unless extended by the court

for good cause shown or unless an indictment or information

described in subparagraph (A) has been filed.

(2) A temporary restraining order under this subsection may be

entered upon application of the United States without notice or

opportunity for a hearing when an information or indictment has not

yet been filed with respect to the property, if the United States

demonstrates that there is probable cause to believe that the

property with respect to which the order is sought would, in the

event of conviction, be subject to forfeiture under this section

and that provision of notice will jeopardize the availability of

the property for forfeiture. Such a temporary order shall expire

not more than 10 days after the date on which it is entered, unless

extended for good cause shown or unless the party against whom it

is entered consents to an extension for a longer period. A hearing

requested concerning an order entered under this paragraph shall be

held at the earliest possible time and prior to the expiration of

the temporary order.

(3) The court may receive and consider, at a hearing held

pursuant to this subsection, evidence and information that would be

inadmissible under the Federal Rules of Evidence.

(d) Warrant of Seizure. - The Government may request the issuance

of a warrant authorizing the seizure of property subject to

forfeiture under this section in the same manner as provided for a

search warrant. If the court determines that there is probable

cause to believe that the property to be seized would, in the event

of conviction, be subject to forfeiture and that an order under

subsection (c) of this section may not be sufficient to assure the

availability of the property for forfeiture, the court shall issue

a warrant authorizing the seizure of such property.

(e) Order of Forfeiture. - The court shall order forfeiture of

property referred to in subsection (a) if the trier of fact

determines, beyond a reasonable doubt, that such property is

subject to forfeiture.

(f) Execution. - Upon entry of an order of forfeiture under this

section, the court shall authorize the Attorney General to seize

all property ordered forfeited upon such terms and conditions as

the court shall deem proper. Following entry of an order declaring

the property forfeited, the court may, upon application of the

United States, enter such appropriate restraining orders or

injunctions, require the execution of satisfactory performance

bonds, appoint receivers, conservators, appraisers, accountants, or

trustees, or take any other action to protect the interest of the

United States in the property ordered forfeited. Any income

accruing to or derived from property ordered forfeited under this

section may be used to offset ordinary and necessary expenses to

the property which are required by law, or which are necessary to

protect the interests of the United States or third parties.

(g) Disposition of Property. - Following the seizure of property

ordered forfeited under this section, the Attorney General shall

destroy or retain for official use any article described in

paragraph (1) of subsection (a), and shall retain for official use

or direct the disposition of any property described in paragraph

(2) or (3) of subsection (a) by sale or any other commercially

feasible means, making due provision for the rights of any innocent

persons. Any property right or interest not exercisable by, or

transferable for value to, the United States shall expire and shall

not revert to the defendant, nor shall the defendant or any person

acting in concert with him or on his behalf be eligible to purchase

forfeited property at any sale held by the United States. Upon

application of a person, other than the defendant or person acting

in concert with him or on his behalf, the court may restrain or

stay the sale or disposition of the property pending the conclusion

of any appeal of the criminal case giving rise to the forfeiture,

if the applicant demonstrates that proceeding with the sale or

disposition of the property will result in irreparable injury,

harm, or loss to him.

(h) Authority of Attorney General. - With respect to property

ordered forfeited under this section, the Attorney General is

authorized to -

(1) grant petitions for mitigation or remission of forfeiture,

restore forfeited property to victims of a violation of this

chapter, or take any other action to protect the rights of

innocent persons which is in the interest of justice and which is

not inconsistent with the provisions of this section;

(2) compromise claims arising under this section;

(3) award compensation to persons providing information

resulting in a forfeiture under this section;

(4) direct the disposition by the United States, under section

616 of the Tariff Act of 1930, of all property ordered forfeited

under this section by public sale or any other commercially

feasible means, making due provision for the rights of innocent

persons; and

(5) take appropriate measures necessary to safeguard and

maintain property ordered forfeited under this section pending

its disposition.

(i) Applicability of Civil Forfeiture Provisions. - Except to the

extent that they are inconsistent with the provisions of this

section, the provisions of section 2254(d) of this title (18 U.S.C.

2254(d)) shall apply to a criminal forfeiture under this section.

(j) Bar on Intervention. - Except as provided in subsection (m)

of this section, no party claiming an interest in property subject

to forfeiture under this section may -

(1) intervene in a trial or appeal of a criminal case involving

the forfeiture of such property under this section; or

(2) commence an action at law or equity against the United

States concerning the validity of his alleged interest in the

property subsequent to the filing of an indictment or information

alleging that the property is subject to forfeiture under this

section.

(k) Jurisdiction To Enter Orders. - The district courts of the

United States shall have jurisdiction to enter orders as provided

in this section without regard to the location of any property

which may be subject to forfeiture under this section or which has

been ordered forfeited under this section.

(l) Depositions. - In order to facilitate the identification and

location of property declared forfeited and to facilitate the

disposition of petitions for remission or mitigation of forfeiture,

after the entry of an order declaring property forfeited to the

United States, the court may, upon application of the United

States, order that the testimony of any witness relating to the

property forfeited be taken by deposition and that any designated

book, paper, document, record, recording, or other material not

privileged be produced at the same time and place, in the same

manner as provided for the taking of depositions under rule 15 of

the Federal Rules of Criminal Procedure.

(m) Third Party Interests. - (1) Following the entry of an order

of forfeiture under this section, the United States shall publish

notice of the order and of its intent to dispose of the property in

such manner as the Attorney General may direct. The Government may

also, to the extent practicable, provide direct written notice to

any person known to have alleged an interest in the property that

is the subject of the order of forfeiture as a substitute for

published notice as to those persons so notified.

(2) Any person, other than the defendant, asserting a legal

interest in property which has been ordered forfeited to the United

States pursuant to this section may, within 30 days of the final

publication of notice or his receipt of notice under paragraph (1),

whichever is earlier, petition the court for a hearing to

adjudicate the validity of his alleged interest in the property.

The hearing shall be held before the court alone, without a jury.

(3) The petition shall be signed by the petitioner under penalty

of perjury and shall set forth the nature and extent of the

petitioner's right, title, or interest in the property, the time

and circumstances of the petitioner's acquisition of the right,

title, or interest in the property, any additional facts supporting

the petitioner's claim, and the relief sought.

(4) The hearing on the petition shall, to the extent practicable

and consistent with the interests of justice, be held within 30

days of the filing of the petition. The court may consolidate the

hearing on the petition with a hearing on any other petition filed

by a person other than the defendant under this subsection.

(5) At the hearing, the petitioner may testify and present

evidence and witnesses on his own behalf, and cross-examine

witnesses who appear at the hearing. The United States may present

evidence and witnesses in rebuttal and in defense of its claim to

the property and cross-examine witnesses who appear at the

hearing. In addition to testimony and evidence presented at the

hearing, the court shall consider the relevant portions of the

record of the criminal case which resulted in the order of

forfeiture.

(6) If, after the hearing, the court determines that the

petitioner has established by a preponderance of the evidence that

-

(A) the petitioner has a legal right, title, or interest in the

property, and such right, title, or interest renders the order of

forfeiture invalid in whole or in part because the right, title,

or interest was vested in the petitioner rather than the

defendant or was superior to any right, title, or interest of the

defendant at the time of the commission of the acts which gave

rise to the forfeiture of the property under this section; or

(B) the petitioner is a bona fide purchaser for value of the

right, title, or interest in the property and was at the time of

purchase reasonably without cause to believe that the property

was subject to forfeiture under this section;

the court shall amend the order of forfeiture in accordance with

its determination.

(7) Following the court's disposition of all petitions filed

under this subsection, or if no such petitions are filed following

the expiration of the period provided in paragraph (2) for the

filing of such petitions, the United States shall have clear title

to property that is the subject of the order of forfeiture and may

warrant good title to any subsequent purchaser or transferee.

(n) Construction. - This section shall be liberally construed to

effectuate its remedial purposes.

(o) Substitute Assets. - If any of the property described in

subsection (a), as a result of any act or omission of the defendant

-

(1) cannot be located upon the exercise of due diligence;

(2) has been transferred or sold to, or deposited with, a third

party;

(3) has been placed beyond the jurisdiction of the court;

(4) has been substantially diminished in value; or

(5) has been commingled with other property which cannot be

divided without difficulty;

the court shall order the forfeiture of any other property of the

defendant up to the value of any property described in paragraphs

(1) through (5).

-SOURCE-

(Added Pub. L. 98-292, Sec. 6, May 21, 1984, 98 Stat. 205; amended

Pub. L. 100-690, title VII, Sec. 7522(c), Nov. 18, 1988, 102 Stat.

4494; Pub. L. 101-647, title XXXV, Sec. 3564, Nov. 29, 1990, 104

Stat. 4928; Pub. L. 103-322, title XXXIII, Sec. 330011(m)(1), Sept.

13, 1994, 108 Stat. 2145; Pub. L. 105-314, title VI, Sec. 602, Oct.

30, 1998, 112 Stat. 2982.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Evidence, referred to in subsec. (c)(3), are

set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

Section 616 of the Tariff Act of 1930, referred to in subsec.

(h)(4), is classified to section 1616a of Title 19, Customs Duties.

The Federal Rules of Criminal Procedure, referred to in subsec.

(l), are set out in the Appendix to this title.

-MISC2-

PRIOR PROVISIONS

A prior section 2253 was redesignated section 2256 of this title.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-314 substituted ''2252, 2252A, or

2260 of this chapter, or who is convicted of an offense under

section 2421, 2422, or 2423 of chapter 117,'' for ''or 2252 of this

chapter''.

1994 - Subsec. (a). Pub. L. 103-322, Sec. 330011(m)(1), amended

directory language of Pub. L. 101-647, Sec. 3564(1). See 1990

Amendment note below.

1990 - Subsec. (a). Pub. L. 101-647, Sec. 3564(1), as amended by

Pub. L. 103-322, Sec. 330011(m)(1), substituted ''section 2251''

for ''sections 2251'' in introductory provisions and in par. (1).

Subsec. (h)(4). Pub. L. 101-647, Sec. 3564(2), substituted

''under section 616 of the Tariff Act of 1930'' for ''in accordance

with the provisions of section 1616, title 19, United States

Code''.

1988 - Pub. L. 100-690 amended section generally, substituting

subsecs. (a) to (o) for former subsecs. (a) to (d).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(m) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of Nov. 29, 1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2516 of this title.

-CITE-

18 USC Sec. 2254 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2254. Civil forfeiture

-STATUTE-

(a) Property Subject to Civil Forfeiture. - The following

property shall be subject to forfeiture by the United States:

(1) Any visual depiction described in section 2251, 2251A, or

2252 of this chapter, or any book, magazine, periodical, film,

videotape or other matter which contains any such visual

depiction, which was produced, transported, mailed, shipped, or

received in violation of this chapter.

(2) Any property, real or personal, used or intended to be used

to commit or to promote the commission of an offense under this

chapter involving a visual depiction described in section 2251,

2251A, 2252, 2252A, or 2260 of this chapter, or used or intended

to be used to commit or to promote the commission of an offense

under section 2421, 2422, or 2423 of chapter 117,. (FOOTNOTE 1)

(FOOTNOTE 1) So in original.

(3) Any property, real or personal, constituting or traceable

to gross profits or other proceeds obtained from a violation of

this chapter involving a visual depiction described in section

2251, 2251A, 2252, 2252A, or 2260 of this chapter, or obtained

from a violation of section 2421, 2422, or 2423 of chapter 117.

(b) Seizure Pursuant to Supplemental Rules for Certain Admiralty

and Maritime Claims. - Any property subject to forfeiture to the

United States under this section may be seized by the Attorney

General, the Secretary of the Treasury, or the United States Postal

Service upon process issued pursuant to the Supplemental Rules for

Certain Admiralty and Maritime Claims by any district court of the

United States having jurisdiction over the property, except that

seizure without such process may be made when the seizure is

pursuant to a search under a search warrant or incident to an

arrest. The Government may request the issuance of a warrant

authorizing the seizure of property subject to forfeiture under

this section in the same manner as provided for a search warrant

under the Federal Rules of Criminal Procedure.

(c) Custody of Federal Official. - Property taken or detained

under this section shall not be repleviable, but shall be deemed to

be in the custody of the Attorney General, Secretary of the

Treasury, or the United States Postal Service subject only to the

orders and decrees of the court or the official having jurisdiction

thereof. Whenever property is seized under any of the provisions

of this subchapter, the Attorney General, Secretary of the

Treasury, or the United States Postal Service may -

(1) place the property under seal;

(2) remove the property to a place designated by the official

or agency; or

(3) require that the General Services Administration take

custody of the property and remove it, if practicable, to an

appropriate location for disposition in accordance with law.

(d) Other Laws and Proceedings Applicable. - All provisions of

the customs laws relating to the seizure, summary and judicial

forfeiture, and condemnation of property for violation of the

customs laws, the disposition of such property or the proceeds from

the sale thereof, the remission or mitigation of such forfeitures,

and the compromise of claims, shall apply to seizures and

forfeitures incurred, or alleged to have been incurred, under this

section, insofar as applicable and not inconsistent with the

provisions of this section, except that such duties as are imposed

upon the customs officer or any other person with respect to the

seizure and forfeiture of property under the customs laws shall be

performed with respect to seizures and forfeitures of property

under this section by such officers, agents, or other persons as

may be authorized or designated for that purpose by the Attorney

General, the Secretary of the Treasury, or the Postal Service,

except to the extent that such duties arise from seizures and

forfeitures affected by any customs officer.

(e) Inapplicability of Certain Sections. - Sections 1606, 1613,

1614, 1617, and 1618 of title 19, United States Code, shall not

apply with respect to any visual depiction or any matter containing

a visual depiction subject to forfeiture under subsection (a)(1) of

this section.

(f) Disposition of Forfeited Property. - Whenever property is

forfeited under this section the Attorney General shall destroy or

retain for official use any property described in paragraph (1) of

subsection (a) and, with respect to property described in paragraph

(2) or (3) of subsection (a), may -

(1) retain the property for official use or transfer the

custody or ownership of any forfeited property to a Federal,

State, or local agency under section 616 of the Tariff Act of

1930;

(2) sell, by public sale or any other commercially feasible

means, any forfeited property which is not required to be

destroyed by law and which is not harmful to the public; or

(3) require that the General Services Administration take

custody of the property and dispose of it in accordance with law.

The Attorney General, Secretary of the Treasury, or the United

States Postal Service shall ensure the equitable transfer pursuant

to paragraph (1) of any forfeited property to the appropriate State

or local law enforcement agency so as to reflect generally the

contribution of any such agency participating directly in any of

the acts which led to the seizure or forfeiture of such property.

A decision by an official or agency pursuant to paragraph (1) shall

not be subject to judicial review. With respect to a forfeiture

conducted by the Attorney General, the Attorney General shall

forward to the Treasurer of the United States for deposit in

accordance with section 524(c) of title 28 the proceeds from any

sale under paragraph (2) and any moneys forfeited under this

section. With respect to a forfeiture conducted by the Postal

Service, the proceeds from any sale under paragraph (2) and any

moneys forfeited under this section shall be deposited in the

Postal Service Fund as required by section 2003(b)(7) of title 39.

(g) Title to Property. - All right, title, and interest in

property described in subsection (a) of this section shall vest in

the United States upon commission of the act giving rise to

forfeiture under this section.

(h) Stay of Proceedings. - The filing of an indictment or

information alleging a violation of this chapter which is also

related to a civil forfeiture proceeding under this section shall,

upon motion of the United States and for good cause shown, stay the

civil forfeiture proceeding.

(i) Venue. - In addition to the venue provided for in section

1395 of title 28 or any other provision of law, in the case of

property of a defendant charged with a violation that is the basis

for forfeiture of the property under this section, a proceeding for

forfeiture under this section may be brought in the judicial

district in which the defendant owning such property is found or in

the judicial district in which the criminal prosecution is brought.

-SOURCE-

(Added Pub. L. 98-292, Sec. 6, May 21, 1984, 98 Stat. 205; amended

Pub. L. 99-500, Sec. 101(m) (title II, Sec. 201(a), (c)), Oct. 18,

1986, 100 Stat. 1783-308, 1783-314, and Pub. L. 99-591, Sec. 101(m)

(title II, Sec. 201(a), (c)), Oct. 30, 1986, 100 Stat. 3341-308,

3341-314; Pub. L. 100-690, title VII, Sec. 7522(c), Nov. 18, 1988,

102 Stat. 4498; Pub. L. 101-647, title XX, Sec. 2003, title XXXV,

Sec. 3565, Nov. 29, 1990, 104 Stat. 4855, 4928; Pub. L. 103-322,

title XXXIII, Sec. 330011(m)(2), Sept. 13, 1994, 108 Stat. 2145;

Pub. L. 105-314, title VI, Sec. 603, Oct. 30, 1998, 112 Stat. 2982;

Pub. L. 106-185, Sec. 2(c)(4), Apr. 25, 2000, 114 Stat. 211; Pub.

L. 107-273, div. B, title IV, Sec. 4003(a)(6), Nov. 2, 2002, 116

Stat. 1811.)

-REFTEXT-

REFERENCES IN TEXT

The Supplemental Rules for Certain Admiralty and Maritime Claims,

referred to in subsec. (b), are set out as part of the Federal

Rules of Civil Procedure in the Appendix to Title 28, Judiciary and

Judicial Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec.

(b), are set out in the Appendix to this title.

The customs laws, referred to in subsec. (d), are classified

generally to Title 19, Customs Duties.

Section 616 of the Tariff Act of 1930, referred to in subsec.

(f)(1), is classified to section 1616a of Title 19.

-COD-

CODIFICATION

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

-MISC3-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-273 struck out comma before

period at end.

2000 - Subsec. (a)(2), (3). Pub. L. 106-185 struck out before

period at end '', except that no property shall be forfeited under

this paragraph, to the extent of the interest of an owner, by

reason of any act or omission established by that owner to have

been committed or omitted without the knowledge or consent of that

owner''.

1998 - Subsec. (a)(2). Pub. L. 105-314, Sec. 603(1), substituted

''2252, 2252A, or 2260 of this chapter, or used or intended to be

used to commit or to promote the commission of an offense under

section 2421, 2422, or 2423 of chapter 117,'' for ''or 2252 of this

chapter''.

Subsec. (a)(3). Pub. L. 105-314, Sec. 603(2), substituted ''2252,

2252A, or 2260 of this chapter, or obtained from a violation of

section 2421, 2422, or 2423 of chapter 117,'' for ''or 2252 of this

chapter''.

1994 - Subsec. (f). Pub. L. 103-322, Sec. 330011(m)(2), amended

directory language of Pub. L. 101-647, Sec. 3565(3)(A). See 1990

Amendment note below.

1990 - Subsec. (a)(1) to (3). Pub. L. 101-647, Sec. 3565(1),

substituted ''section 2251'' for ''sections 2251''.

Subsec. (e). Pub. L. 101-647, Sec. 3565(2), inserted heading.

Subsec. (f). Pub. L. 101-647, Sec. 3565(3)(A), as amended by Pub.

L. 103-322, Sec. 330011(m)(2), substituted ''section'' for

''subchapter'' after ''forfeited under this'' in two places in

concluding provisions.

Subsec. (f)(1). Pub. L. 101-647, Sec. 3565(3)(B), substituted

''under section 616 of the Tariff Act of 1930'' for ''pursuant to

section 1616 of title 19''.

Subsec. (f)(2). Pub. L. 101-647, Sec. 2003, inserted '', by

public sale or any other commercially feasible means,'' after

''sell''.

1988 - Pub. L. 100-690 amended section generally, substituting

subsecs. (a) to (i) for former subsecs. (a) to (d).

1986 - Pub. L. 99-500 and Pub. L. 99-591 amended section

identically, inserting '', and any property, real or personal,

tangible or intangible, which was used or intended to be used, in

any manner or part, to facilitate a violation of this chapter'' in

subsec. (a)(1), substituting ''Attorney General or the Postal

Service'' for ''Attorney General'' in subsec. (b), and adding

subsecs. (c) and (d).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-185 applicable to any forfeiture

proceeding commenced on or after the date that is 120 days after

Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note

under section 1324 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(m) of Pub. L. 103-322 provided that the amendment

made by that section is effective as of Nov. 29, 1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2253 of this title.

-CITE-

18 USC Sec. 2255 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2255. Civil remedy for personal injuries

-STATUTE-

(a) Any minor who is a victim of a violation of section 2241(c),

2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of

this title and who suffers personal injury as a result of such

violation may sue in any appropriate United States District Court

and shall recover the actual damages such minor sustains and the

cost of the suit, including a reasonable attorney's fee. Any minor

as described in the preceding sentence shall be deemed to have

sustained damages of no less than $50,000 in value.

(b) Any action commenced under this section shall be barred

unless the complaint is filed within six years after the right of

action first accrues or in the case of a person under a legal

disability, not later than three years after the disability.

-SOURCE-

(Added Pub. L. 99-500, Sec. 101(b) (title VII, Sec. 703(a)), Oct.

18, 1986, 100 Stat. 1783-39, 1783-74, and Pub. L. 99-591, Sec.

101(b) (title VII, Sec. 703(a)), Oct. 30, 1986, 100 Stat. 3341-39,

3341-74; amended Pub. L. 105-314, title VI, Sec. 605, Oct. 30,

1998, 112 Stat. 2984.)

-COD-

CODIFICATION

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

-MISC3-

PRIOR PROVISIONS

A prior section 2255 was renumbered section 2256 of this title.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-314 substituted ''2241(c), 2242,

2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423'' for

''2251 or 2252''.

-CITE-

18 USC Sec. 2256 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2256. Definitions for chapter

-STATUTE-

For the purposes of this chapter, the term -

(1) ''minor'' means any person under the age of eighteen 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) sadistic or masochistic abuse; or

(E) lascivious exhibition of the genitals or pubic area of

any person;

(3) ''producing'' means producing, directing, manufacturing,

issuing, publishing, or advertising;

(4) ''organization'' means a person other than an individual;

(5) ''visual depiction'' includes undeveloped film and

videotape, and data stored on computer disk or by electronic

means which is capable of conversion into a visual image;

(6) ''computer'' has the meaning given that term in section

1030 of this title;

(7) ''custody or control'' includes temporary supervision over

or responsibility for a minor whether legally or illegally

obtained;

(8) ''child pornography'' means any visual depiction, including

any photograph, film, video, picture, or computer or

computer-generated image or picture, whether made or produced by

electronic, mechanical, or other means, of sexually explicit

conduct, where -

(A) the production of such visual depiction involves the use

of a minor engaging in sexually explicit conduct;

(B) such visual depiction is, or appears to be, of a minor

engaging in sexually explicit conduct;

(C) such visual depiction has been created, adapted, or

modified to appear that an identifiable minor is engaging in

sexually explicit conduct; or

(D) 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

(9) ''identifiable minor'' -

(A) means a person -

(i)(I) who was a minor at the time the visual depiction was

created, adapted, or modified; or

(II) whose image as a minor was used in creating, adapting,

or modifying the visual depiction; and

(ii) who is recognizable as an actual person by the

person's face, likeness, or other distinguishing

characteristic, such as a unique birthmark or other

recognizable feature; and

(B) shall not be construed to require proof of the actual

identity of the identifiable minor.

-SOURCE-

(Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 8, Sec.

2253; renumbered Sec. 2255 and amended Pub. L. 98-292, Sec. 5, May

21, 1984, 98 Stat. 205; renumbered Sec. 2256, Pub. L. 99-500, Sec.

101(b) (title VII, Sec. 703(a)), Oct. 18, 1986, 100 Stat. 1783-39,

1783-74, and Pub. L. 99-591, Sec. 101(b) (title VII, Sec. 703(a)),

Oct. 30, 1986, 100 Stat. 3341-39, 3341-74; Pub. L. 99-628, Sec. 4,

Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100-690, title VII, Sec.

7511(c), 7512(b), Nov. 18, 1988, 102 Stat. 4485, 4486; Pub. L.

104-208, div. A, title I, Sec. 101(a) (title I, Sec. 121(2)),

Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-27.)

-COD-

CODIFICATION

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

-MISC3-

AMENDMENTS

1996 - Par. (5). Pub. L. 104-208, Sec. 101(a) (title I, Sec.

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.

Pars. (8), (9). Pub. L. 104-208, Sec. 101(a) (title I, Sec.

121(2(2)-(4))), added pars. (8) and (9).

1988 - Par. (6). Pub. L. 100-690, Sec. 7511(c), added par. (6).

Par. (7). Pub. L. 100-690, Sec. 7512(b), added par. (7).

1986 - Pub. L. 99-500 and Pub. L. 99-591 renumbered section 2255

of this title as this section.

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.

1984 - Pub. L. 98-292, Sec. 5(b), renumbered section 2253 of this

title as this section.

Par. (1). Pub. L. 98-292, Sec. 5(a)(1), substituted ''eighteen''

for ''sixteen''.

Par. (2)(D). Pub. L. 98-292, Sec. 5(a)(2), (3), substituted

''sadistic or masochistic'' for ''sado-masochistic'' and struck out

''(for the purpose of sexual stimulation)'' after ''abuse''.

Par. (2)(E). Pub. L. 98-292, Sec. 5(a)(4), substituted

''lascivious'' for ''lewd''.

Par. (3). Pub. L. 98-292, Sec. 5(a)(5), struck out '', for

pecuniary profit'' after ''advertising''.

Par. (4). Pub. L. 98-292, Sec. 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''.

CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND

2256 OF THIS TITLE

For provisions declaring and confirming intent of Congress in

enacting this section, see section 160003(a) of Pub. L. 103-322,

set out as a note under section 2252 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2257, 2427 of this title;

title 20 sections 6777, 9134; title 42 section 13032; title 47

section 254.

-CITE-

18 USC Sec. 2257 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2257. Record keeping requirements

-STATUTE-

(a) Whoever produces any book, magazine, periodical, film,

videotape, or other matter which -

(1) contains one or more visual depictions made after November

1, 1990 of actual sexually explicit conduct; and

(2) is produced in whole or in part with materials which have

been mailed or shipped in interstate or foreign commerce, or is

shipped or transported or is intended for shipment or

transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records

pertaining to every performer portrayed in such a visual depiction.

(b) Any person to whom subsection (a) applies shall, with respect

to every performer portrayed in a visual depiction of actual

sexually explicit conduct -

(1) ascertain, by examination of an identification document

containing such information, the performer's name and date of

birth, and require the performer to provide such other indicia of

his or her identity as may be prescribed by regulations;

(2) ascertain any name, other than the performer's present and

correct name, ever used by the performer including maiden name,

alias, nickname, stage, or professional name; and

(3) record in the records required by subsection (a) the

information required by paragraphs (1) and (2) of this subsection

and such other identifying information as may be prescribed by

regulation.

(c) Any person to whom subsection (a) applies shall maintain the

records required by this section at his business premises, or at

such other place as the Attorney General may by regulation

prescribe and shall make such records available to the Attorney

General for inspection at all reasonable times.

(d)(1) No information or evidence obtained from records required

to be created or maintained by this section shall, except as

provided in this section, directly or indirectly, be used as

evidence against any person with respect to any violation of law.

(2) Paragraph (1) of this subsection shall not preclude the use

of such information or evidence in a prosecution or other action

for a violation of this section or for a violation of any

applicable provision of law with respect to the furnishing of false

information.

(e)(1) Any person to whom subsection (a) applies shall cause to

be affixed to every copy of any matter described in paragraph (1)

of subsection (a) of this section, in such manner and in such form

as the Attorney General shall by regulations prescribe, a statement

describing where the records required by this section with respect

to all performers depicted in that copy of the matter may be

located.

(2) If the person to whom subsection (a) of this section applies

is an organization the statement required by this subsection shall

include the name, title, and business address of the individual

employed by such organization responsible for maintaining the

records required by this section.

(f) It shall be unlawful -

(1) for any person to whom subsection (a) applies to fail to

create or maintain the records as required by subsections (a) and

(c) or by any regulation promulgated under this section;

(2) for any person to whom subsection (a) applies knowingly to

make any false entry in or knowingly to fail to make an

appropriate entry in, any record required by subsection (b) of

this section or any regulation promulgated under this section;

(3) for any person to whom subsection (a) applies knowingly to

fail to comply with the provisions of subsection (e) or any

regulation promulgated pursuant to that subsection; and

(4) for any person knowingly to sell or otherwise transfer, or

offer for sale or transfer, any book, magazine, periodical, film,

video, or other matter, produce in whole or in part with

materials which have been mailed or shipped in interstate or

foreign commerce or which is intended for shipment in interstate

or foreign commerce, which -

(A) contains one or more visual depictions made after the

effective date of this subsection of actual sexually explicit

conduct; and

(B) is produced in whole or in part with materials which have

been mailed or shipped in interstate or foreign commerce, or is

shipped or transported or is intended for shipment or

transportation in interstate or foreign commerce;

which does not have affixed thereto, in a manner prescribed as

set forth in subsection (e)(1), a statement describing where the

records required by this section may be located, but such person

shall have no duty to determine the accuracy of the contents of

the statement or the records required to be kept.

(g) The Attorney General shall issue appropriate regulations to

carry out this section.

(h) As used in this section -

(1) the term ''actual sexually explicit conduct'' means actual

but not simulated conduct as defined in subparagraphs (A) through

(D) of paragraph (2) of section 2256 of this title;

(2) ''identification document'' has the meaning given that term

in section 1028(d) of this title;

(3) the term ''produces'' means to produce, manufacture, or

publish any book, magazine, periodical, film, video tape or other

similar matter and includes the duplication, reproduction, or

reissuing of any such matter, but does not include mere

distribution or any other activity which does not involve hiring,

contracting for managing, or otherwise arranging for the

participation of the performers depicted; and

(4) the term ''performer'' includes any person portrayed in a

visual depiction engaging in, or assisting another person to

engage in, actual sexually explicit conduct.

(i) Whoever violates this section shall be imprisoned for not

more than 2 years, and fined in accordance with the provisions of

this title, or both. Whoever violates this section after having

been convicted of a violation punishable under this section shall

be imprisoned for any period of years not more than 5 years but not

less than 2 years, and fined in accordance with the provisions of

this title, or both.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7513(a), Nov. 18, 1988, 102

Stat. 4487; amended Pub. L. 101-647, title III, Sec. 301(b), 311,

Nov. 29, 1990, 104 Stat. 4816; Pub. L. 103-322, title XXXIII, Sec.

330004(14), Sept. 13, 1994, 108 Stat. 2142.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this subsection, referred to in subsec.

(f)(4)(A), see section 312 of Pub. L. 101-647, set out as an

Effective Date of 1990 Amendment note below.

-MISC2-

AMENDMENTS

1994 - Subsecs. (f), (g). Pub. L. 103-322 struck out subsecs. (f)

and (g) as enacted by Pub. L. 100-690. Subsec. (f) authorized

Attorney General to issue regulations to carry out this section and

subsec. (g) defined ''actual sexually explicit conduct'',

''identification document'', ''produces'', and ''performer''.

1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 301(b), substituted

''November 1, 1990'' for ''February 6, 1978''.

Subsec. (d). Pub. L. 101-647, Sec. 311, substituted pars. (1) and

(2) for former pars. (1) and (2) which were substantially the same

and struck out par. (3) which read as follows: ''In a prosecution

of any person to whom subsection (a) applies for an offense in

violation of subsection 2251(a) of this title which has as an

element the production of a visual depiction of a minor engaging in

or assisting another person to engage in sexually explicit conduct

and in which that element is sought to be established by showing

that a performer within the meaning of this section is a minor -

''(A) proof that the person failed to comply with the

provisions of subsection (a) or (b) of this section concerning

the creation and maintenance of records, or a regulation issued

pursuant thereto, shall raise a rebuttable presumption that such

performer was a minor; and

''(B) proof that the person failed to comply with the

provisions of subsection (e) of this section concerning the

statement required by that subsection shall raise the rebuttable

presumption that every performer in the matter was a minor.''

Subsec. (e). Pub. L. 101-647, Sec. 311, substituted pars. (1) and

(2) for former pars. (1) and (2) which were substantially the same

and struck out par. (3) which read as follows: ''In any prosecution

of a person for an offense in violation of section 2252 of this

title which has as an element the transporting, mailing, or

distribution of a visual depiction involving the use of a minor

engaging in sexually explicit conduct, and in which that element is

sought to be established by a showing that a performer within the

meaning of this section is a minor, proof that the matter in which

the visual depiction is contained did not contain the statement

required by this section shall raise a rebuttable presumption that

such performer was a minor.''

Subsec. (f). Pub. L. 101-647, Sec. 311, added subsec. (f)

relating to unlawful acts and omissions.

Subsec. (g). Pub. L. 101-647, Sec. 311, added subsec. (g)

relating to issuance of regulations.

Subsecs. (h), (i). Pub. L. 101-647, Sec. 311, added subsecs. (h)

and (i).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 312 of title III of Pub. L. 101-647 provided that:

''Subsections (d), (f), (g), (h), and (i) of section 2257 of title

18, United States Code, as added by this title shall take effect 90

days after the date of the enactment of this Act (Nov. 29, 1990)

except -

''(1) the Attorney General shall prepare the initial set of

regulations required or authorized by subsections (d), (f), (g),

(h), and (i) of section 2257 within 60 days of the date of the

enactment of this Act; and

''(2) subsection (e) of section 2257 and of any regulation

issued pursuant thereto shall take effect 90 days after the date

of the enactment of this Act.''

EFFECTIVE DATE

Section 7513(c) of Pub. L. 100-690 provided that: ''Section 2257

of title 18, United States Code, as added by this section shall

take effect 180 days after the date of the enactment of this Act

(Nov. 18, 1988) except -

''(1) the Attorney General shall prepare the initial set of

regulations required or authorized by section 2257 within 90 days

of the date of the enactment of this Act; and

''(2) subsection (e) of section 2257 of such title and of any

regulation issued pursuant thereto shall take effect 270 days

after the date of the enactment of this Act.''

-CITE-

18 USC Sec. 2258 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2258. Failure to report child abuse

-STATUTE-

A person who, while engaged in a professional capacity or

activity described in subsection (b) of section 226 of the Victims

of Child Abuse Act of 1990 on Federal land or in a federally

operated (or contracted) facility, learns of facts that give reason

to suspect that a child has suffered an incident of child abuse, as

defined in subsection (c) of that section, and fails to make a

timely report as required by subsection (a) of that section, shall

be guilty of a Class B misdemeanor.

-SOURCE-

(Added Pub. L. 101-647, title II, Sec. 226(g)(1), Nov. 29, 1990,

104 Stat. 4808.)

-REFTEXT-

REFERENCES IN TEXT

Section 226 of the Victims of Child Abuse Act of 1990, referred

to in text, is classified to section 13031 of Title 42, The Public

Health and Welfare.

-COD-

CODIFICATION

Another section 2258 was renumbered section 2260 of this title.

-CITE-

18 USC Sec. 2259 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2259. Mandatory restitution

-STATUTE-

(a) In General. - Notwithstanding section 3663 or 3663A, and in

addition to any other civil or criminal penalty authorized by law,

the court shall order restitution for any offense under this

chapter.

(b) Scope and Nature of Order. -

(1) Directions. - The order of restitution under this section

shall direct the defendant to pay the victim (through the

appropriate court mechanism) the full amount of the victim's

losses as determined by the court pursuant to paragraph (2).

(2) Enforcement. - An order of restitution under this section

shall be issued and enforced in accordance with section 3664 in

the same manner as an order under section 3663A.

(3) Definition. - For purposes of this subsection, the term

''full amount of the victim's losses'' includes any costs

incurred by the victim for -

(A) medical services relating to physical, psychiatric, or

psychological care;

(B) physical and occupational therapy or rehabilitation;

(C) necessary transportation, temporary housing, and child

care expenses;

(D) lost income;

(E) attorneys' fees, as well as other costs incurred; and

(F) any other losses suffered by the victim as a proximate

result of the offense.

(4) Order mandatory. - (A) The issuance of a restitution order

under this section is mandatory.

(B) A court may not decline to issue an order under this

section because of -

(i) the economic circumstances of the defendant; or

(ii) the fact that a victim has, or is entitled to, receive

compensation for his or her injuries from the proceeds of

insurance or any other source.

(c) Definition. - For purposes of this section, the term

''victim'' means the individual harmed as a result of a commission

of a crime under this chapter, including, in the case of a victim

who is under 18 years of age, incompetent, incapacitated, or

deceased, the legal guardian of the victim or representative of the

victim's estate, another family member, or any other person

appointed as suitable by the court, but in no event shall the

defendant be named as such representative or guardian.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40113(b)(1), Sept. 13, 1994,

108 Stat. 1907; amended Pub. L. 104-132, title II, Sec. 205(c),

Apr. 24, 1996, 110 Stat. 1231.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-132, Sec. 205(c)(1), inserted

''or 3663A'' after ''3663''.

Subsec. (b)(1). Pub. L. 104-132, Sec. 205(c)(2)(A), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: ''The order of restitution under

this section shall direct that -

''(A) the defendant pay to the victim (through the appropriate

court mechanism) the full amount of the victim's losses as

determined by the court, pursuant to paragraph (3); and

''(B) the United States Attorney enforce the restitution order

by all available and reasonable means.''

Subsec. (b)(2). Pub. L. 104-132, Sec. 205(c)(2)(B), struck out

''by victim'' after ''Enforcement'' in heading and amended text

generally. Prior to amendment, text read as follows: ''An order of

restitution may also be enforced by a victim named in the order to

receive the restitution in the same manner as a judgment in a civil

action.''

Subsec. (b)(4)(C), (D). Pub. L. 104-132, Sec. 205(c)(2)(C),

struck out subpars. (C) and (D), which related to court's

consideration of economic circumstances of defendant in determining

schedule of payment of restitution orders, and court's entry of

nominal restitution awards where economic circumstances of

defendant do not allow for payment of restitution, respectively.

Subsec. (b)(5) to (10). Pub. L. 104-132, Sec. 205(c)(2)(D),

struck out pars. (5) to (10), which related, respectively, to more

than 1 offender, more than 1 victim, payment schedule, setoff,

effect on other sources of compensation, and condition of probation

or supervised release.

Subsec. (c). Pub. L. 104-132, Sec. 205(c)(3), (4), redesignated

subsec. (f) as (c) and struck out former subsec. (c) relating to

proof of claim.

Subsecs. (d), (e). Pub. L. 104-132, Sec. 205(c)(3), struck out

subsecs. (d) and (e) which read as follows:

''(d) Modification of Order. - A victim or the offender may

petition the court at any time to modify a restitution order as

appropriate in view of a change in the economic circumstances of

the offender.

''(e) Reference to Magistrate or Special Master. - The court may

refer any issue arising in connection with a proposed order of

restitution to a magistrate or special master for proposed findings

of fact and recommendations as to disposition, subject to a de novo

determination of the issue by the court.''

Subsec. (f). Pub. L. 104-132, Sec. 205(c)(4), redesignated

subsec. (f) as (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-132 effective, to extent

constitutionally permissible, for sentencing proceedings in cases

in which defendant is convicted on or after Apr. 24, 1996, see

section 211 of Pub. L. 104-132, set out as a note under section

2248 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1593, 3563, 3613, 3664 of

this title.

-CITE-

18 USC Sec. 2260 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

-HEAD-

Sec. 2260. Production of sexually explicit depictions of a minor

for importation into the United States

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 103-322, title XVI, Sec. 160001(a), Sept. 13, 1994,

108 Stat. 2036, Sec. 2258; renumbered Sec. 2260, Pub. L. 104-294,

title VI, Sec. 601(i)(1), Oct. 11, 1996, 110 Stat. 3501.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-294 renumbered section 2258, relating to

production of sexually explicit depictions of minor, as this

section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2253, 2254, 2255,

3486 of this title; title 42 section 13032.

-CITE-