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18 U.S.C. § 2258D — Limited liability for NCMEC

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

18 U.S.C. § 2258D — Limited liability for NCMEC

**(a) In General.—** Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act ([34 U.S.C. 11293](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11293&num=0&edition=prelim)), or from the efforts of NCMEC to identify child victims may not be brought in any Federal or State court. **(b) Intentional, Reckless, or Other Misconduct.—** Subsection (a) shall not apply to a claim or charge if NCMEC, or a director, officer, employee, or agent of NCMEC— (1) engaged in intentional misconduct; or (2) acted, or failed to act— (A) with actual malice; (B) with reckless disregard to a substantial risk of causing injury without legal justification; or (C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act ([34 U.S.C. 11293](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11293&num=0&edition=prelim)). **(c) Ordinary Business Activities.—** Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management. **(d) Minimizing Access.—** NCMEC shall— (1

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Source file: Laws/federal/codes/united-states-code/title-18/section-2258d-limited-liability-for-ncmec--2548092ba9.md
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Source location: Title 18, Chapter 110, § 2258D; chapter-110-sexual-exploitation-and-other-abuse-of-children.md

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

42 U.S.C. § 5773 — Transferred

### Statutory Notes #### Codification Section 5773 was editorially reclassified as [section 11293 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section11293&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. § 11293 — Duties and functions of the Administrator

**(a) Description of activities** The Administrator shall— (1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter; (2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); (3) provide for the furnishing of information derived from the national toll-free hotline, established under subsection (b)(1), to appropriate entities; (4) coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation; (5) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this subchapter; and (6) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate— (A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children; (B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children; (C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the v

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

18 U.S.C. § 2258D — Limited liability for NCMEC

Page 546 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2258D from NCMEC under subsection (d)’’ for ‘‘image of an identified child from the National Center for Missing and Exploited Children under section (d)’’ and ‘‘child sexual exploitation crimes, and prevent future sexual victimization of children’’ for ‘‘child pornography crimes’’. § 2258D. Limited liability for NCMEC (a) IN GENERAL.—Pursuant to its clearing- house role as a private, nonprofit organization and its mission to help find missing children, re- duce online sexual exploitation of children and prevent future victimization, and except as pro- vided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293), or from the efforts of NCMEC to identify child victims may not be brought in any Federal or State court. (b) INTENTIONAL, RECKLESS, OR OTHER MIS- CONDUCT.—Subsection (a) shall not apply to a claim or charge if NCMEC, or a director, officer, employee, or agent of NCMEC— (1) engaged in intentional misconduct; or (2) acted, or failed to act— (A) with actual malice; (B) with reckless disregard to a substan- tial risk of causing injury without legal jus- tification; or (C) for a purpose unrelated to the perform- ance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293). (c) ORDINARY BUSINESS ACTIVITIES.—Sub- section (a) shall not apply to an act or omission relati

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

34 U.S.C. § 11293 — Duties and functions of the Adminis-

Page 286 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11293 1 So in original. Probably should be ‘‘case.’’ of par. (1) of this section, which is section 403 of the Ju- venile Justice and Delinquency Prevention Act of 1974, Pub. L. 93–415, as added by section 660 of the Com- prehensive Crime Control Act of 1984, to reflect the probable intent of Congress. Prior to amendment, sub- pars. (A) and (B) read as follows: ‘‘(A) the circumstances surrounding such individual’s disappearance indicate that such individual may pos- sibly have been removed by another from the control of such individual’s legal custodian without such custodian’s consent; or ‘‘(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited;’’. 1999—Par. (3). Pub. L. 106–71 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–267 effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as a note under section 11291 of this title. § 11293. Duties and functions of the Adminis- trator (a) Description of activities The Administrator shall— (1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter; (2) make such arrangements as may be nec- essary and appropriate to facilitate effective coordination among all federally funded pro- grams relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination); (3) provide for the furnishing of information derived from the national toll-free hotline, es- tablished under subsection (b)(1), to appro- priate entities; (4) coordinate with the United St

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