§ 2252A. — Certain activities relating to material constituting or containing child pornography.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2252A]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2252A. Certain activities relating to material constituting
or containing child pornography
(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.
(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, Secs. 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.)
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).
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.
