18 U.S.C. § 2258 — Failure to report child abuse

Page 539 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2258A 2 So in original. 3 So in original. Probably should be ‘‘(j) The’’. matter that contains any visual depiction that is child pornography, as defined in section 2256(8), or is actual sexually explicit conduct within the definitions in clauses (i) through (iv) of section 2256(2)(A). (i)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and 2 fined in accordance with the provisions of this title, or both. (2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the pur- pose of producing a visual depiction of such con- duct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, adver- tising, or possessing material involving the sex- ual exploitation of a minor with intent to traf- fic, in violation of this title, shall be imprisoned for not more than 5 years and 2 fined in accord- ance with the provisions of this title, or both. (3) Whoever violates paragraph (2) after having been previously convicted of a violation punish- able under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and 2 fined in accord- ance with the provisions of this title, or both. The 3 provisions of this section shall not be- come effective until 90 days after the final regu- lations implementing this section are published in the Federal Register. The provisions of this section shall not apply to any matter, or image therein, produced, in whole or in part, prior to the effective date of this section. (k) On an annual basis, the Attorney General shall submit a report to Congress— (1) concerning the enforcement of this sec- tion and section 2257 by the Department of Justice during the previous 12-month period; and (2) including— (A) the number of inspections undertaken pursuant to this section and section 2257; (B) the number of open investigations pur- suant to this section and section 2257; (C) the number of cases in which a person has been charged with a violation of this section and section 2257; and (D) for each case listed in response to sub- paragraph (C), the name of the lead defend- ant, the federal district in which the case was brought, the court tracking number, and a synopsis of the violation and its disposi- tion, if any, including settlements, sen- tences, recoveries and penalties. (Added Pub. L. 109–248, title V, § 503(a), July 27, 2006, 120 Stat. 626.) Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (f)(4)(A), means the date of enactment of Pub. L. 109–248, which was approved July 27, 2006. Final regulations implementing this section, referred to in the undesignated subsec. preceding subsec. (k), were published in the Federal Register on Dec. 18, 2008, see 73 F.R. 77432. § 2258. Failure to report child abuse A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, or a covered individual as described in subsection (a)(2) of such section 226 who, learns of facts that give reason to sus- pect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as re- quired by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both. (Added Pub. L. 101–647, title II, § 226(g)(1), Nov. 29, 1990, 104 Stat. 4808; amended Pub. L. 109–248, title II, § 209, July 27, 2006, 120 Stat. 615; Pub. L. 115–126, title I, § 101(b), Feb. 14, 2018, 132 Stat. 319.) Editorial Notes REFERENCES IN TEXT Section 226 of the Victims of Child Abuse Act of 1990, referred to in text, is classified to section 20341 of Title 34, Crime Control and Law Enforcement. CODIFICATION Another section 2258 was renumbered section 2260 of this title. AMENDMENTS 2018—Pub. L. 115–126 inserted ‘‘or a covered individual as described in subsection (a)(2) of such section 226 who,’’ after ‘‘facility,’’. 2006—Pub. L. 109–248 substituted ‘‘fined under this title or imprisoned not more than 1 year or both’’ for ‘‘guilty of a Class B misdemeanor’’. § 2258A. Reporting requirements of providers (a) DUTY TO REPORT.— (1) IN GENERAL.— (A) DUTY.—In order to reduce the pro- liferation of online child sexual exploitation and to prevent the online sexual exploi- tation of children, a provider— (i) shall, as soon as reasonably possible after obtaining actual knowledge of any facts or circumstances described in para- graph (2)(A), take the actions described in subparagraph (B); and (ii) may, after obtaining actual knowl- edge of any facts or circumstances de- scribed in paragraph (2)(B), take the ac- tions described in subparagraph (B). (B) ACTIONS DESCRIBED.—The actions de- scribed in this subparagraph are— (i) providing to the CyberTipline of NCMEC, or any successor to the CyberTipline operated by NCMEC, the mailing address, telephone number, fac- simile number, electronic mailing address of, and individual point of contact for, such provider; and (ii) making a report of such facts or cir- cumstances to the CyberTipline, or any successor to the CyberTipline operated by NCMEC.