Report Number I-2001-07
July 19, 2001
Child Pornography Statutes
Title 18 United States Code, Chapter 110 - Sexual Exploitation and Other Abuse of Children
Section 2251 (a)(b)(c). Sexual Exploitation of Children
- Any person using a minor to engage in sexually explicit conduct for the purpose of visual depiction of such conduct.
- Any person having custody of a minor who permits such minor to engage in sexually explicit conduct for the purpose of visual depiction of such conduct; this includes transporting produced materials by any means, including by computer.
- Any person advertising to receive, exchange, buy or reproduce any visual depiction involving the use of a minor engaging in sexually explicit conduct.
Section 2251A (a)(b). Selling or Buying Children
- Any person having custody of a minor who sells such minor to be portrayed in a visual depiction engaging in sexually explicit conduct.
- Any person who purchases a minor for such minor to be portrayed in a visual depiction engaging in sexually explicit conduct.
Section 2252. Certain Activities Relating to Material Involving the Sexual Exploitation of Minors
Any person who possesses, transports, receives, or sells any visual depiction of a minor engaged in sexually explicit conduct.
Section 2252A. Certain Activities Relating to Material Constituting or Containing Child Pornography
Any person, who knowingly transports, receives, distributes, reproduces, sells or is in possession of child pornography.
Section 2253. Criminal Forfeiture
A person who is convicted of a child pornography offense or transporting a minor shall forfeit any visual depiction described in Section 2251, 2251A, and 2252 and any property obtained or used from such offense.
Section 2254. Civil Forfeiture
Property subject to forfeiture include:
- Any visual depiction described in section 2251, 2251A, or 2252.
- Any property used to promote an offense involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter, or an offense under section 2421, 2422, or 2423. 6
- Any property constituting gross profits obtained from a violation involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260, or obtained from a violation of section 2421, 2422, or 2423.
Section 2255. Civil Remedy for Personal Injuries
Any minor who is a victim of a violation of section 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 who suffers personal injury as a result of such violation may sue in any appropriate United States District Court. 7
Section 2256. Definitions for Chapter 110
- ''minor'' means any person under the age of eighteen years.
- ''sexually explicit conduct'' means actual or simulated -
- sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
- sadistic or masochistic abuse; or
- lascivious exhibition of the genitals or pubic area of any person;
- ''producing'' means producing, directing, manufacturing, issuing, publishing, or advertising;
- ''organization'' means a person other than an individual;
- ''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;
- ''computer'' has the meaning given that term in section 1030 of this title; 8
- ''custody or control'' includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
- ''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.
- ''identifiable minor'' - means a person - who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting, or modifying the visual depiction; and 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.
Section 2257. Record Keeping Requirements
Whoever produces materials that contain one or more visual depiction of actual sexually explicit conduct shall create and maintain records pertaining to every performer portrayed in such a visual depiction. Records include such information as the performer's name and date of birth.
Section 2260(a)(b). Production of Sexually Explicit Depictions of a Minor for Importation into the United States
A person outside the United States who employs or coerce any minor to engage in any sexually explicit conduct for the purpose of producing, transporting or distributing visual depiction intending to import the materials into the United States or waters within 12 miles of a U.S. coast.
- Section 2421 refers to transporting of individuals with the intent to engage in prostitution or other illegal sexual activity. Section 2422 refers to the act of coercing or enticing an individual to engage in prostitution or other illegal sexual activity. Section 2423 refers specifically to the transportation of minors for the purposes of prostitution or illegal sexual activity.
- Section 2241 refers to aggravated sexual abuse. Section 2242 refers to sexual abuse. Section 2243 refers to the sexual abuse of a minor or ward.
- Under Section 1030, "computer" is defined as an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device.