§ 2252. — Certain activities relating to material involving the sexual exploitation of minors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2252]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2252. Certain activities relating to material involving the
sexual exploitation of minors
(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 \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.
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\1\ So in original. Probably should be ``paragraph''.
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(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.
(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, Secs. 202(a), 203(a), Oct.
30, 1998, 112 Stat. 2977, 2978.)
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
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.''
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.
