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18 U.S.C. § 1466A — Obscene visual representations of the sexual abuse of children

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

18 U.S.C. § 1466A — Obscene visual representations of the sexual abuse of children

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Source location: Title 18, Chapter 71, § 1466A; chapter-071-obscenity.md

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**(a) In General.—** Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction. **(b) Additional Offenses.—** Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(2), including the penalties provided for cases involving a prior conviction. **(c) Nonrequired Element of Offense.—** It is not a required element of any offense under this section that the minor depicted actually exist. **(d) Circumstances.—** The circumstance referred to in subsections (a) and (b) is that— (1) any communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer, or any means or instrumentality of interstate or foreign commerce is otherwise used in committing or in furtherance of the commission of the offense; (2) any communication involved in or made in furtherance of the offense contemplates the transmission or transportation of a visual depiction by the mail, or in interstate or foreign commerce by any means, including by computer; (3) any person travels or is transported in interstate or foreign commerce in the course of the commission or in furtherance of the commission of the offense; (4) any visual depiction involved in the offense has been mailed, or has been shipped or transported in interstate or foreign commerce by any means, including by computer, or was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or (5) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States. **(e) Affirmative Defense.—** It shall be an affirmative defense to a charge of violating subsection (b) that the defendant— (1) possessed less than 3 such visual depictions; and (2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction— (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. **(f) Definitions.—** For purposes of this section— (1) the term “visual depiction” includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means; (2) the term “sexually explicit conduct” has the meaning given the term in section 2256(2)(A) or 2256(2)(B); and (3) the term “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.

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

34 U.S.C. § 21111 — Definitions

In this chapter, the following definitions shall apply: (1) **Child exploitation** — The term “child exploitation” means any conduct, attempted conduct, or conspiracy to engage in conduct involving a minor that violates section 1591, chapter 109A, chapter 110, and chapter 117 of title 18 or any sexual activity involving a minor for which any person can be charged with a criminal offense. (2) **Child obscenity** — The term “child obscenity” means any visual depiction proscribed by [section 1466A of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1466A&num=0&edition=prelim). (3) **Minor** — The term “minor” means any person under the age of 18 years. (4) **Sexually explicit conduct** — The term “sexually explicit conduct” has the meaning given such term in [section 2256 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256&num=0&edition=prelim).

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

47 U.S.C. § 223 — Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications

**(a) Prohibited acts generally** Whoever— (1) in interstate or foreign communications— (A) by means of a telecommunications device knowingly— (i) makes, creates, or solicits, and (ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, with intent to abuse, threaten, or harass another person; (B) by means of a telecommunications device knowingly— (i) makes, creates, or solicits, and (ii) initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, knowing that the recipient of the communication is under 18 years of age, regardless of whether the maker of such communication placed the call or initiated the communication; (C) makes a telephone call or utilizes a telecommunications device, whether or not conversation or communication ensues, without disclosing his identity and with intent to abuse, threaten, or harass any specific person; (D) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (E) makes repeated telephone calls or repeatedly initiates communication with a telecommunications device, during which conversation or communication ensues, solely to harass any specific person; or (2) knowingly permits any telecommunications facility under his control to be used for any activity prohibited by paragraph (1) with the intent that it be used for such activity, **(b) Prohibited acts for commercial purposes; defense to prosecution** (1) Whoever knowingly— (A) within the United States, by means of telephone, makes (directly or by recording device) any obscene communica

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 223

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

18 U.S.C. § 1466A — Obscene visual representations of the

Page 385 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1466A Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–248, § 506(b)(1), inserted ‘‘producing with intent to distribute or sell, or’’ before ‘‘selling or transferring obscene matter,’’. Subsec. (b). Pub. L. 109–248, § 506(b)(3), which directed amendment of subsec. (b) by inserting ‘‘production,’’ before ‘‘selling or transferring or offering to sell or transfer such material.’’, was executed by making the insertion before ‘‘selling or transferring or offering to sell or transfer such material be’’, to reflect the prob- able intent of Congress. Pub. L. 109–248, § 506(b)(2), inserted ‘‘produces’’ before ‘‘sells or transfers or offers to sell or transfer obscene matter’’. 1990—Subsec. (b). Pub. L. 101–647 substituted ‘‘this section’’ for ‘‘this subsection’’ and ‘‘this subsection’’ for ‘‘subsection (b)’’. § 1466A. Obscene visual representations of the sexual abuse of children (a) IN GENERAL.—Any person who, in a cir- cumstance described in subsection (d), know- ingly produces, distributes, receives, or pos- sesses with intent to distribute, a visual depic- tion of any kind, including a drawing, cartoon, sculpture, or painting, that— (1)(A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2)(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual inter- course, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be sub- ject to the penalties provided in section 2252A(b)(1), including the penalties provi

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1466A

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