18 U.S.C. § 2425 — Use of interstate facilities to transmit in-

Page 624 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2425 108 Stat. 2147; Pub. L. 104–208, div. C, title III, § 325, Sept. 30, 1996, 110 Stat. 3009–629.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 402(2), (3) (June 25, 1910, ch. 395, § 6, 36 Stat. 826). First paragraph of section 402 of title 18, U.S.C., 1940 ed., was omitted from this section and recommended for transfer to Title 8, Aliens and Nationality. Words ‘‘shall be deemed guilty of a misdemeanor’’ were omitted as unnecessary in view of the definition of a misdemeanor in section 1 of this title. (See revis- er’s note under section 212 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 325(1), in first par. substituted ‘‘individual, knowing or in reckless dis- regard of the fact that the individual is an alien’’ for ‘‘alien individual within three years after that indi- vidual has entered the United States from any country, party to the arrangement adopted July 25, 1902, for the suppression of the white-slave traffic’’ and struck out ‘‘alien’’ after ‘‘the name of such’’. Pub. L. 104–208, § 325(2), in second par. substituted ‘‘five business’’ for ‘‘thirty’’ and struck out ‘‘within three years after that individual has entered the United States from any country, party to the said arrange- ment for the suppression of the white-slave traffic,’’ after ‘‘any alien individual’’. Pub. L. 104–208, § 325(3), substituted ‘‘10’’ for ‘‘two’’ in last par. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’ in last par. 1986—Pub. L. 99–628, § 5(c)(1), substituted ‘‘individual’’ for ‘‘female’’ in section catchline. Subsec. (a). Pub. L. 99–628, § 5(c)(2)–(4), (6), substituted ‘‘individual’’ for ‘‘woman or girl’’, ‘‘that individual’’ for ‘‘she’’, ‘‘that individual’s’’ for ‘‘her’’, and ‘‘that per- son’s’’ for ‘‘his’’ wherever appearing. Subsec. (b). Pub. L. 99–628, § 5(c)(5), substituted ‘‘that person’’ for ‘‘him’’ wherever appearing. 1970—Subsec. (b). Pub. L. 91–452 substituted provi- sions that no information contained in the statement or any evidence directly or indirectly derived from such information be used against any person making such statement in any criminal case, except a prosecu- tion for perjury, giving a false statement, or otherwise failing to comply with this section, for provisions that no person be prosecuted or subjected to any penalty or forfeiture under any law of the United States for or on account of any transaction, etc., truthfully reported in his statement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. § 2425. Use of interstate facilities to transmit in- formation about a minor Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial ju- risdiction of the United States, knowingly initi- ates the transmission of the name, address, tele- phone number, social security number, or elec- tronic mail address of another individual, know- ing that such other individual has not attained the age of 16 years, with the intent to entice, en- courage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 5 years, or both. (Added Pub. L. 105–314, title I, § 101(a), Oct. 30, 1998, 112 Stat. 2975.) § 2426. Repeat offenders (a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term of imprisonment for a violation of this chapter after a prior sex offense convic- tion shall be 3 times the term of imprisonment otherwise provided by this chapter, unless sec- tion 3559(e) applies. (b) DEFINITIONS.—In this section— (1) the term ‘‘prior sex offense conviction’’ means a conviction for an offense— (A) under this chapter, chapter 109A, chap- ter 110, or section 1591; or (B) under State law or the Uniform Code of Military Justice for an offense consisting of conduct that would have been an offense under a chapter referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States; and (2) the term ‘‘State’’ means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Added Pub. L. 105–314, title I, § 104(a), Oct. 30, 1998, 112 Stat. 2976; amended Pub. L. 108–21, title I, § 106(b), Apr. 30, 2003, 117 Stat. 655; Pub. L. 110–457, title II, § 224(c), Dec. 23, 2008, 122 Stat. 5072; Pub. L. 115–392, § 11(2), Dec. 21, 2018, 132 Stat. 5255; Pub. L. 118–159, div. A, title V, § 569(5), Dec. 23, 2024, 138 Stat. 1906.) Editorial Notes AMENDMENTS 2024—Subsec. (b)(1)(B). Pub. L. 118–159 inserted ‘‘or the Uniform Code of Military Justice’’ after ‘‘State law’’. 2018—Subsec. (a). Pub. L. 115–392, § 11(2)(A), sub- stituted ‘‘3 times’’ for ‘‘twice’’. Subsec. (b)(1)(B). Pub. L. 115–392, § 11(2)(B), sub- stituted ‘‘subparagraph (A)’’ for ‘‘paragraph (1)’’. 2008—Subsec. (b)(1)(A). Pub. L. 110–457 substituted ‘‘chapter 110, or section 1591’’ for ‘‘or chapter 110’’. 2003—Subsec. (a). Pub. L. 108–21 inserted ‘‘, unless section 3559(e) applies’’ before period at end. § 2427. Inclusion of offenses relating to child por- nography in definition of sexual activity for which any person can be charged with a criminal offense In this chapter, the term ‘‘sexual activity for which any person can be charged with a crimi- nal offense’’ does not require interpersonal phys- ical contact, and includes the production of child pornography, as defined in section 2256(8).