§ 2251. — Sexual exploitation of children.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2251]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2251. Sexual exploitation of children
(a) Any person who employs, uses, persuades, induces, entices, or
coerces any minor to engage in, or who has a minor assist any other
person to engage in, 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 \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.
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\1\ So in original. Probably should be ``or''.
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(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, Secs. 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.)
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
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, Secs. 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 (Secs. 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.
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.
