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34 U.S.C. § 20945 — Project Safe Childhood

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20945 — Project Safe Childhood

**(a) Definitions** In this section: (1) **Child sexual abuse material** — The term “child sexual abuse material” has the meaning given the term “child pornography” in [section 2256 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256&num=0&edition=prelim). (2) **Child sexual exploitation offense** — The term “child sexual exploitation offense” means— (A) (i) an offense involving a minor under section 1591 or chapter 117 of title 18; (ii) an offense under subsection (a), (b), or (c) of [section 2251 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2251&num=0&edition=prelim); (iii) an offense under section 2251A or 2252A(g) of title 18; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) **Circle of trust offender** — The term “circle of trust offender” means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) **Computer** — The term “computer” has the meaning given the term in [section 1030 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1030&num=0&edition=prelim). (5) **Contact sexual offense** — The term “contact sexual offense” means— (A) an offense involving a minor under chapter 109A of title 18, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) **Dual offender** — The term “dual offender” means— (A) a person who commits— (i) a

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Source location: Title 34, Chapter 209, § 20945; chapter-209-child-protection-and-safety.md

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**(a) Definitions** In this section: (1) **Child sexual abuse material** — The term “child sexual abuse material” has the meaning given the term “child pornography” in [section 2256 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256&num=0&edition=prelim). (2) **Child sexual exploitation offense** — The term “child sexual exploitation offense” means— (A) (i) an offense involving a minor under section 1591 or chapter 117 of title 18; (ii) an offense under subsection (a), (b), or (c) of [section 2251 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2251&num=0&edition=prelim); (iii) an offense under section 2251A or 2252A(g) of title 18; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) **Circle of trust offender** — The term “circle of trust offender” means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) **Computer** — The term “computer” has the meaning given the term in [section 1030 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1030&num=0&edition=prelim). (5) **Contact sexual offense** — The term “contact sexual offense” means— (A) an offense involving a minor under chapter 109A of title 18, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) **Dual offender** — The term “dual offender” means— (A) a person who commits— (i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)— (i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) **Facilitator** — The term “facilitator” means an individual who facilitates the commission by another individual of— (A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) **ICAC affiliate partner** — The term “ICAC affiliate partner” means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program. (9) **ICAC task force** — The term “ICAC task force” means a task force that is part of the ICAC Task Force Program. (10) **ICAC Task Force Program** — The term “ICAC Task Force Program” means the National Internet Crimes Against Children Task Force Program established under [section 21112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section21112&num=0&edition=prelim). (11) **Offense involving child sexual abuse material** — The term “offense involving child sexual abuse material” means— (A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of [section 2252A(a) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2252A/a&num=0&edition=prelim), or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) **Serious offender** — The term “serious offender” means— (A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) **State** — The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (14) **Technology-facilitated** — The term “technology-facilitated”, with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense. **(b) Establishment of program** The Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the “Project Safe Childhood program”, in accordance with this section. **(c) Best practices** The Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall— (1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of— (A) proactively generated leads, including leads generated by current and emerging technology; (B) in-district investigative referrals; and (C) CyberTipline reports from the National Center for Missing and Exploited Children; (2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified; (3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and (4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children. **(d) Implementation** Except as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including— (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney; (B) training of Federal, State, and local law enforcement officers and prosecutors through— (i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and (iv) any other program that provides training— (I) on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or (II) that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (C) the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan— (i) shall include— (I) the use of the best practices developed under paragraphs (1) and (2) of subsection (c); (II) the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material; (III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public; (V) an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and (IX) evidence-based programs that educate the public about and increase awareness of such offenses; and (ii) shall be developed in consultation, as appropriate, with— (I) the local ICAC task force; (II) the United States Marshals Service Sex Offender Targeting Center; (III) training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General; (IV) nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Homeland Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspection Service; (X) the United States Secret Service; and (XI) each military criminal investigation organization of the Department of Defense; and (D) a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material— (i) with consideration of— (I) the variety of sources for leads; (II) the proportion of work involving proactive or undercover law enforcement investigations; (III) the number of serious offenders identified and prosecuted; and (IV) the number of children identified or rescued; and (ii) information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C). (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with— (A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (B) any relevant component of Homeland Security Investigations; (C) any relevant component of the Federal Bureau of Investigation; (D) the ICAC task forces and ICAC affiliate partners; (E) the United States Marshals Service, including the Sex Offender Targeting Center; (F) the United States Postal Inspection Service; (G) the United States Secret Service; (H) each Military Criminal Investigation Organization of the Department of Defense; and (I) any task forces established in connection with the Project Safe Childhood program set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by— (A) using technology to identify victims and serious offenders; (B) developing processes and tools to identify victims and offenders; and (C) taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue— (i) victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or (ii) victims of serious offenders. (4) The establishment, development, and implementation of a nationally coordinated “Safer Internet Day” every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide— (A) national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses; (B) information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and (C) information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through— (i) the National Center for Missing and Exploited Children; (ii) the ICAC Task Force Program; and (iii) any other program that— (I) raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and (II) provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material. **(e) Expansion of Project Safe Childhood** Notwithstanding subsection (d), funds authorized under this section may be also be 11 So in original. used for the following purposes: (1) The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before December 23, 2024, who shall be— (A) dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and (B) responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II). (2) Such other additional and related purposes as the Attorney General determines appropriate. **(f) Authorization of appropriations** (1) **In general** — For the purpose of carrying out this section, there are authorized to be appropriated— (A) for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028. (2) **Supplement, not supplant** — Amounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 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 or affecting 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 or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting 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 or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affec

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 21112 — Establishment of National Strategy for Child Exploitation Prevention and Interdiction

**(a) In general** The Attorney General of the United States shall create and implement a National Strategy for Child Exploitation Prevention and Interdiction. **(b) Timing** Not later than 1 year after October 13, 2008, and on February 1 of every fourth year thereafter, the Attorney General shall submit to Congress the National Strategy established under subsection (a). **(c) Required contents of National Strategy** The National Strategy established under subsection (a) shall include the following: (1) An analysis of current trends, challenges, and the overall magnitude of the threat of child exploitation. (2) An analysis of future trends and challenges, including new technologies, that will impact the efforts to combat child exploitation. (3) Goals and strategic solutions to prevent and interdict child exploitation, including— (A) plans for interagency coordination; (B) engagement with the judicial branches of the Federal Government and State governments; (C) legislative recommendations for combating child exploitation; (D) cooperation with international, State, local, and Tribal law enforcement agencies; and (E) engagement with the private sector and other entities involved in efforts to combat child exploitation. (4) An analysis of Federal efforts dedicated to combating child exploitation, including— (A) a review of the policies and work of the Department of Justice and other Federal programs relating to the prevention and interdiction of child exploitation crimes, including training programs, and investigative and prosecution activity; and (B) a description of the efforts of the Department of Justice to cooperate and coordinate with, and provide technical assistance and support to, international, State, local, and Tribal law enforcement a

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 21112

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2256 — Definitions for chapter

For the purposes of this chapter, the term— (1) “minor” means any person under the age of eighteen years; (2) (A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated— (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the anus, genitals, or pubic area of any person; (B) For purposes of subsection 8(B) 11 So in original. Probably should be “(8)(B)”. of this section, “sexually explicit conduct” means— (i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; (ii) graphic or lascivious simulated; (I) bestiality; (II) masturbation; or (III) sadistic or masochistic abuse; or (iii) graphic or simulated lascivious exhibition of the anus, 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, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format; (6) “computer” has the meaning given that term in [section 1030 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16942 — Transferred

### Statutory Notes #### Codification Section 16935i was editorially reclassified as [section 21510 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section21510&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1030 — Fraud and related activity in connection with computers

**(a)** Whoever— (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— (A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) 11 See References in Text note below. of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act ([15 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681&num=0&edition=prelim) et seq.); (B) information from any department or agency of the United States; or (C) information from any protected computer; (3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16962 — Transferred

### Statutory Notes #### Codification Section 16945 was editorially reclassified as [section 20945 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20945&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20945 — Office of Sex Offender Sentencing, Moni-

Page 521 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20945 1 So in original. The comma probably should not appear. § 20943. Federal assistance in identification and location of sex offenders relocated as a result of a major disaster The Attorney General shall provide assistance to jurisdictions in the identification and loca- tion of a sex offender relocated as a result of a major disaster. (Pub. L. 109–248, title I, § 144, July 27, 2006, 120 Stat. 606.) Editorial Notes CODIFICATION Section was formerly classified to section 16943 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20944. Expansion of training and technology ef- forts (a) Training The Attorney General shall— (1) expand training efforts with Federal, State, and local law enforcement officers and prosecutors to effectively respond to the threat to children and the public posed by sex offenders who use the Internet and technology to solicit or otherwise exploit children; (2) facilitate meetings involving corpora- tions that sell computer hardware and soft- ware or provide services to the general public related to use of the Internet, to identify prob- lems associated with the use of technology for the purpose of exploiting children; (3) host national conferences to train Fed- eral, State, and local law enforcement officers, probation and parole officers, and prosecutors regarding pro-active approaches to monitoring sex offender activity on the Internet; (4) develop and distribute, for personnel list- ed in paragraph (3), information regarding multidisciplinary approaches to holding of- fenders accountable to the terms of their pro- bation, parole, and sex offender registration laws; and (5) partner with other ag

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 20945

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