18 U.S.C. § 2252 — Certain activities relating to material in-

Page 526 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2251A chapter, see section 41301 of Title 34, Crime Control and Law Enforcement. § 2251A. Selling or buying of children (a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer cus- tody of such minor either— (1) with knowledge that, as a consequence of the sale or transfer, the minor will be por- trayed in a visual depiction engaging in, or as- sisting another person to engage in, sexually explicit conduct; or (2) with intent to promote either— (A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such con- duct; or (B) the rendering of assistance by the minor to any other person to engage in sexu- ally explicit conduct for the purpose of pro- ducing any visual depiction of such conduct; shall be punished by imprisonment for not less than 30 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. (b) Whoever purchases or otherwise obtains custody or control of a minor, or offers to pur- chase or otherwise obtain custody or control of a minor either— (1) with knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to en- gage in, sexually explicit conduct; or (2) with intent to promote either— (A) the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such con- duct; or (B) the rendering of assistance by the minor to any other person to engage in sexu- ally explicit conduct for the purpose of pro- ducing any visual depiction of such conduct; shall be punished by imprisonment for not less than 30 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist. (c) The circumstances referred to in sub- sections (a) and (b) are that— (1) in the course of the conduct described in such subsections the minor or the actor trav- eled in or was transported in or affecting interstate or foreign commerce; (2) any offer described in such subsections was communicated or transported using any means or facility of interstate or foreign com- merce or in or affecting interstate or foreign commerce by any means including by com- puter or mail; or (3) the conduct described in such subsections took place in any territory or possession of the United States. (Added Pub. L. 100–690, title VII, § 7512(a), Nov. 18, 1988, 102 Stat. 4486; amended Pub. L. 108–21, title I, § 103(b)(1)(B), Apr. 30, 2003, 117 Stat. 653; Pub. L. 110–358, title I, § 103(a)(2), (b), Oct. 8, 2008, 122 Stat. 4002, 4003.) Editorial Notes AMENDMENTS 2008—Subsec. (c). Pub. L. 110–358, § 103(b), substituted ‘‘in or affecting interstate’’ for ‘‘in interstate’’ in pars. (1) and (2). Subsec. (c)(2). Pub. L. 110–358, § 103(a)(2), inserted ‘‘using any means or facility of interstate or foreign commerce or’’ after ‘‘or transported’’. 2003—Subsecs. (a), (b). Pub. L. 108–21 substituted ‘‘30 years’’ for ‘‘20 years’’ in concluding provisions. § 2252. Certain activities relating to material in- volving the sexual exploitation of minors (a) Any person who— (1) knowingly transports or ships using any means or facility of interstate or foreign com- merce or in or affecting interstate or foreign commerce by any means including by com- puter or mails, any visual depiction, if— (A) the producing of such visual depiction involves the use of a minor engaging in sexu- ally explicit conduct; and (B) such visual depiction is of such con- duct; (2) knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or trans- ported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or know- ingly reproduces any visual depiction for dis- tribution using any means or facility of inter- state or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if— (A) the producing of such visual depiction involves the use of a minor engaging in sexu- ally explicit conduct; and (B) such visual depiction is of such con- duct; (3) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or oth- erwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or (B) knowingly sells or possesses with in- tent to sell any visual depiction that has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped or trans- ported in or affecting interstate or foreign commerce, or which was produced using ma- terials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, including by computer, if— (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (ii) such visual depiction is of such con- duct; or (4) either— (A) in the special maritime and territorial jurisdiction of the United States, or on any Page 527 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2252 land or building owned by, leased to, or oth- erwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or (B) knowingly possesses, or knowingly ac- cesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual de- piction that has been mailed, or has been shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign com- merce, or which was produced using mate- rials which have been mailed or so shipped or transported, by any means including by computer, if— (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (ii) such visual depiction is of such con- duct; shall be punished as provided in subsection (b) of this section. (b)(1) Whoever violates, or attempts or con- spires to violate, paragraph (1), (2), or (3) of sub- section (a) shall be fined under this title and im- prisoned not less than 5 years and not more than 20 years, but if such person has a prior convic- tion under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under the Uni- form Code of Military Justice or the laws of any State relating to aggravated sexual abuse, sex- ual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, re- ceipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex traf- ficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years. (2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if any visual depic- tion involved in the offense involved a prepubes- cent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under the Uniform Code of Mili- tary Justice or the laws of any State relating to aggravated sexual abuse, sexual abuse, or abu- sive 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 10 years nor more than 20 years. (c) AFFIRMATIVE DEFENSE.—It shall be an af- firmative defense to a charge of violating para- graph (4) of subsection (a) that the defendant— (1) possessed less than three matters con- taining any visual depiction proscribed by that paragraph; and (2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof— (A) took reasonable steps to destroy each such visual depiction; or (B) reported the matter to a law enforce- ment agency and afforded that agency ac- cess to each such visual depiction. (Added Pub. L. 95–225, § 2(a), Feb. 6, 1978, 92 Stat. 7; amended Pub. L. 98–292, § 4, May 21, 1984, 98 Stat. 204; Pub. L. 99–500, § 101(b) [title VII, § 704(b)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–75, and Pub. L. 99–591, § 101(b) [title VII, § 704(b)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–75; Pub. L. 100–690, title VII, § 7511(b), Nov. 18, 1988, 102 Stat. 4485; Pub. L. 101–647, title III, § 323(a), (b), Nov. 29, 1990, 104 Stat. 4818, 4819; Pub. L. 103–322, title XVI, § 160001(d), (e), title XXXIII, § 330010(8), Sept. 13, 1994, 108 Stat. 2037, 2143; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[5]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–30; Pub. L. 105–314, title II, §§ 202(a), 203(a), Oct. 30, 1998, 112 Stat. 2977, 2978; Pub. L. 108–21, title I, § 103(a)(1)(B), (C), (b)(1)(C), (D), title V, § 507, Apr. 30, 2003, 117 Stat. 652, 653, 683; Pub. L. 109–248, title II, § 206(b)(2), July 27, 2006, 120 Stat. 614; Pub. L. 110–358, title I, § 103(a)(3), (b), (c), title II, § 203(a), Oct. 8, 2008, 122 Stat. 4002, 4003; Pub. L. 112–206, § 2(a), Dec. 7, 2012, 126 Stat. 1490; Pub. L. 118–159, div. A, title V, § 569(3), Dec. 23, 2024, 138 Stat. 1906.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–159 substituted ‘‘the Uniform Code of Military Justice or’’ for ‘‘section 920 of title 10 (article 120 of the Uniform Code of Military Jus- tice), or under’’ in pars. (1) and (2). 2012—Subsec. (b)(2). Pub. L. 112–206 inserted ‘‘any vis- ual depiction involved in the offense involved a pre- pubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if’’ after ‘‘but if’’. 2008—Subsec. (a)(1). Pub. L. 110–358, § 103(a)(3)(A), (b), inserted ‘‘using any means or facility of interstate or foreign commerce or’’ after ‘‘ships’’ and substituted ‘‘in or affecting interstate’’ for ‘‘in interstate’’. Subsec. (a)(2). Pub. L. 110–358, § 103(a)(3)(B), (b), in- serted ‘‘using any means or facility of interstate or for- eign commerce or’’ after ‘‘distributes, any visual depic- tion’’ and after ‘‘depiction for distribution’’ and sub- stituted ‘‘in or affecting interstate’’ for ‘‘in interstate’’ in two places. Subsec. (a)(3)(B). Pub. L. 110–358, § 103(a)(3)(C), (b), (c), inserted ‘‘, shipped, or transported using any means or facility of interstate or foreign commerce’’ after ‘‘that has been mailed’’ and ‘‘using any means or facility of interstate or foreign commerce’’ after ‘‘so shipped or transported’’, substituted ‘‘in or affecting interstate’’ for ‘‘in interstate’’ and struck out ‘‘by any means,’’ be- fore ‘‘including’’. Subsec. (a)(4)(A). Pub. L. 110–358, § 203(a)(1), inserted ‘‘, or knowingly accesses with intent to view,’’ after ‘‘possesses’’. Subsec. (a)(4)(B). Pub. L. 110–358, §§ 103(a)(3)(D), (b), 203(a)(2), inserted ‘‘, or knowingly accesses with intent to view,’’ after ‘‘possesses’’ and ‘‘using any means or fa- cility of interstate or foreign commerce or’’ after ‘‘has been shipped or transported’’ and substituted ‘‘in or af- fecting interstate’’ for ‘‘in interstate’’. 2006—Subsec. (b)(1). Pub. L. 109–248 substituted ‘‘para- graph (1)’’ for ‘‘paragraphs (1)’’ and inserted ‘‘section Page 528 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2252A 1591,’’ after ‘‘this chapter,’’ and ‘‘, or sex trafficking of children’’ after ‘‘pornography’’. 2003—Subsec. (b)(1). Pub. L. 108–21, § 507, inserted ‘‘chapter 71,’’ before ‘‘chapter 109A,’’ and ‘‘or under sec- tion 920 of title 10 (article 120 of the Uniform Code of Military Justice),’’ before ‘‘or under the laws’’. Pub. L. 108–21, § 103(a)(1)(B), (C), substituted ‘‘and im- prisoned not less than 5 years and’’ for ‘‘or impris- oned’’, ‘‘20 years’’ for ‘‘15 years’’, ‘‘40 years’’ for ‘‘30 years’’, and ‘‘15 years’’ for ‘‘5 years’’ and struck out ‘‘or both,’’ before ‘‘but if such person has a prior’’. Subsec. (b)(2). Pub. L. 108–21, § 507, inserted ‘‘chapter 71,’’ before ‘‘chapter 109A,’’ and ‘‘or under section 920 of title 10 (article 120 of the Uniform Code of Military Jus- tice),’’ before ‘‘or under the laws’’. Pub. L. 108–21, § 103(a)(1)(C), (D), substituted ‘‘more than 10 years’’ for ‘‘more than 5 years’’, ‘‘less than 10 years’’ for ‘‘less than 2 years’’, and ‘‘20 years’’ for ‘‘10 years’’. 1998—Subsec. (a)(4)(A), (B). Pub. L. 105–314, § 203(a)(1), substituted ‘‘1 or more’’ for ‘‘3 or more’’. Subsec. (b). Pub. L. 105–314, § 202(a), 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 involv- ing a minor or ward, or the production, possession, re- ceipt, mailing, sale, distribution, shipment, or trans- portation of child pornography’’ for ‘‘the possession of child pornography’’ in par. (2). Subsec. (c). Pub. L. 105–314, § 203(a)(2), added subsec. (c). 1996—Subsec. (b). Pub. L. 104–208 added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘(b)(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title or imprisoned not more than ten years, or both, but, if such person has a prior con- viction under this chapter or chapter 109A, such person shall be fined under this title and imprisoned for not less than five years nor more than fifteen years. ‘‘(2) Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both.’’ 1994—Subsec. (a)(3)(B). Pub. L. 103–322, § 330010(8), sub- stituted ‘‘materials’’ for ‘‘materails’’ in introductory provisions. Subsec. (b)(1). Pub. L. 103–322, § 160001(d), (e), inserted ‘‘, or attempts or conspires to violate,’’ after ‘‘vio- lates’’ and substituted ‘‘conviction under this chapter or chapter 109A’’ for ‘‘conviction under this section’’. Subsec. (b)(2). Pub. L. 103–322, § 160001(e), inserted ‘‘, or attempts or conspires to violate,’’ after ‘‘vio- lates’’. 1990—Subsec. (a). Pub. L. 101–647, § 323(a), (b), struck out ‘‘or’’ at end of par. (1), substituted ‘‘that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer,’’ for ‘‘that has been transported or shipped in interstate or foreign commerce by any means including by computer or mailed’’ in par. (2), struck out at end ‘‘shall be pun- ished as provided in subsection (b) of this section.’’, and added pars. (3) and (4) and concluding provisions. Subsec. (b). Pub. L. 101–647, § 323(a)(2), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘Any individual who violates this section shall be fined not more than $100,000, or imprisoned not more than 10 years, or both, but, if such individual has a prior conviction under this section, such individual shall be fined not more than $200,000, or imprisoned not less than five years nor more than 15 years, or both. Any organization which violates this section shall be fined not more than $250,000.’’ 1988—Subsec. (a)(1), (2). Pub. L. 100–690 inserted ‘‘by any means including by computer’’ after ‘‘commerce’’ in introductory provisions. 1986—Subsec. (b). Pub. L. 99–500 and Pub. L. 99–591 substituted ‘‘five years’’ for ‘‘two years’’. 1984—Subsec. (a)(1). Pub. L. 98–292, § 4(1), (3), (4), sub- stituted ‘‘any visual depiction’’ for ‘‘for the purpose of sale or distribution for sale, any obscene visual or print medium’’ in provisions preceding subpar. (A). Subsec. (a)(1)(A). Pub. L. 98–292, § 4(4), substituted ‘‘visual depiction’’ for ‘‘visual or print medium’’. Subsec. (a)(1)(B). Pub. L. 98–292, § 4(4), (5), substituted ‘‘visual depiction is of’’ for ‘‘visual or print medium de- picts’’. Subsec. (a)(2). Pub. L. 98–292, § 4(2)–(4), (6), (7), sub- stituted ‘‘, or distributes, any visual depiction’’ for ‘‘for the purpose of sale or distribution for sale, or knowingly sells or distributes for sale, any obscene vis- ual or print medium’’ and inserted ‘‘or knowingly re- produces any visual depiction for distribution in inter- state or foreign commerce or through the mails’’ in provisions preceding subpar. (A). Subsec. (a)(2)(A). Pub. L. 98–292, § 4(4), substituted ‘‘visual depiction’’ for ‘‘visual or print medium’’. Subsec. (a)(2)(B). Pub. L. 98–292, § 4(4), (5), substituted ‘‘visual depiction is of’’ for ‘‘visual or print medium de- picts’’. Subsec. (b). Pub. L. 98–292, § 4(8)–(11), substituted ‘‘in- dividual’’ for ‘‘person’’ in three places, ‘‘$100,000’’ for ‘‘$10,000’’, and ‘‘$200,000’’ for ‘‘$15,000’’, and inserted ‘‘Any organization which violates this section shall be fined not more than $250,000.’’ Statutory Notes and Related Subsidiaries CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND 2256 OF THIS TITLE Pub. L. 103–322, title XVI, § 160003(a), Sept. 13, 1994, 108 Stat. 2038, provided that: ‘‘(a) DECLARATION.—The Congress declares that in en- acting sections 2252 and 2256 of title 18, United States Code, it was and is the intent of Congress that— ‘‘(1) the scope of ‘exhibition of the genitals or pubic area’ in section 2256(2)(E), in the definition of ‘sexu- ally explicit conduct’, is not limited to nude exhibi- tions or exhibitions in which the outlines of those areas were discernible through clothing; and ‘‘(2) the requirements in section 2252(a)(1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production of a visual depiction involve the use of a minor engaging in ‘sex- ually explicit conduct’ of the kind described in sec- tion 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a las- civious manner.’’ § 2252A. Certain activities relating to material constituting or containing child pornography (a) Any person who— (1) knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography; (2) knowingly receives or distributes— (A) any child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or (B) any material that contains child por- nography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or trans- ported in or affecting interstate or foreign commerce by any means, including by com- puter; (3) knowingly— (A) reproduces any child pornography for distribution through the mails, or using any