18 U.S.C. § 2260 — Production of sexually explicit depictions

Page 549 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2260 pornography, ‘the sexual abuse of the child, the me- morialization of that abuse which becomes child por- nography, and its subsequent distribution and view- ing become psychologically intertwined and each compound the harm suffered by the child-victim’. ‘‘(5) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate num- ber of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornog- raphy is outlawed. ‘‘(6) The unlawful collective conduct of every indi- vidual who reproduces, distributes, or possesses the images of a victim’s childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. ‘‘(7) It is the intent of Congress that victims of child pornography be compensated for the harms re- sulting from every perpetrator who contributes to their anguish. Such an aggregate causation standard reflects the nature of child pornography and the unique ways that it actually harms victims.’’ § 2259A. Assessments in child pornography cases (a) IN GENERAL.—In addition to any other criminal penalty, restitution, or special assess- ment authorized by law, the court shall assess— (1) not more than $17,000 on any person con- victed of an offense under section 2252(a)(4) or 2252A(a)(5); (2) not more than $35,000 on any person con- victed of any other offense for trafficking in child pornography; and (3) not more than $50,000 on any person con- victed of a child pornography production of- fense. (b) ANNUAL ADJUSTMENT.—The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index. (c) FACTORS CONSIDERED.—In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572. (d) IMPOSITION AND IMPLEMENTATION.— (1) IN GENERAL.—The provisions of sub- chapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this sec- tion, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant. (2) EFFECT ON OTHER PENALTIES.—Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money re- ceived from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: (A) A special assessment under section 3013. (B) Restitution to victims of any child por- nography production or trafficking offense that the defendant committed. (C) An assessment under this section. (D) Other orders under any other section of this title. (E) All other fines, penalties, costs, and other payments required under the sentence. (Added Pub. L. 115–299, § 5(a), Dec. 7, 2018, 132 Stat. 4386.) § 2259B. Child pornography victims reserve (a) DEPOSITS INTO THE RESERVE.—Notwith- standing any other provision of law, there shall be deposited into the Child Pornography Vic- tims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals. (b) AVAILABILITY FOR DEFINED MONETARY AS- SISTANCE.—Amounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to sec- tion 2259(d). If at any time the Child Pornog- raphy Victims Reserve has insufficient funds to make all of the payments ordered under section 2259(d), the Child Pornography Victims Reserve shall make such payments as it can satisfy in full from available funds. In determining the order in which such payments shall be made, the Child Pornography Victims Reserve shall make payments based on the date they were ordered, with the earliest-ordered payments made first. (c) ADMINISTRATION.—The Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regula- tions to implement this section. (d) SENSE OF CONGRESS.—It is the sense of Con- gress that individuals who violate this chapter prior to the date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim As- sistance Act of 2018, but who are sentenced after such date, shall be subject to the statutory scheme that was in effect at the time the of- fenses were committed. (Added Pub. L. 115–299, § 5(c), Dec. 7, 2018, 132 Stat. 4387.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, referred to in subsec. (d), is the date of enactment of Pub. L. 115–299, which was approved Dec. 7, 2018. § 2260. Production of sexually explicit depictions of a minor for importation into the United States (a) USE OF MINOR.—A person who, outside the United States, employs, uses, persuades, in- duces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexu- ally explicit conduct for the purpose of pro- ducing any visual depiction of such conduct or for the purpose of transmitting a live visual de- piction of such conduct, intending that the vis- ual depiction will be imported or transmitted into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c). (b) USE OF VISUAL DEPICTION.—A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sex- ually explicit conduct (if the production of the Page 550 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2260A 1 Section catchline amended by Pub. L. 109–162 without cor- responding amendment of chapter analysis. 2 Editorially supplied. Section 2265A added by Pub. L. 109–162 without corresponding amendment of chapter analysis. visual depiction involved the use of a minor en- gaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a dis- tance of 12 miles of the coast of the United States, shall be punished as provided in sub- section (c). (c) PENALTIES.— (1) A person who violates subsection (a), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (e) of section 2251 for a violation of that section, in- cluding the penalties provided for such a viola- tion by a person with a prior conviction or convictions as described in that subsection. (2) A person who violates subsection (b), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (b)(1) of section 2252 for a violation of paragraph (1), (2), or (3) of subsection (a) of that section, in- cluding the penalties provided for such a viola- tion by a person with a prior conviction or convictions as described in subsection (b)(1) of section 2252. (Added Pub. L. 103–322, title XVI, § 160001(a), Sept. 13, 1994, 108 Stat. 2036, § 2258; renumbered § 2260, Pub. L. 104–294, title VI, § 601(i)(1), Oct. 11, 1996, 110 Stat. 3501; amended Pub. L. 109–248, title II, § 206(b)(5), July 27, 2006, 120 Stat. 614; Pub. L. 110–401, title III, § 303, Oct. 13, 2008, 122 Stat. 4242.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–401 inserted ‘‘or for the purpose of transmitting a live visual depiction of such conduct’’ after ‘‘for the purpose of producing any visual depiction of such conduct’’ and ‘‘or transmitted’’ after ‘‘imported’’. 2006—Subsec. (c). Pub. L. 109–248 amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘A person who violates subsection (a) or (b), or conspires or attempts to do so— ‘‘(1) shall be fined under this title, imprisoned not more than 10 years, or both; and ‘‘(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.’’ 1996—Pub. L. 104–294 renumbered section 2258, relat- ing to production of sexually explicit depictions of minor, as this section. § 2260A. Penalties for registered sex offenders Whoever, being required by Federal or other law to register as a sex offender, commits a fel- ony offense involving a minor under section 1201, 1466A, 1470, 1591, 2241, 2242, 2243, 2244, 2245, 2251, 2251A, 2260, 2421, 2422, 2423, or 2425, shall be sentenced to a term of imprisonment of 10 years in addition to the imprisonment imposed for the offense under that provision. The sentence im- posed under this section shall be consecutive to any sentence imposed for the offense under that provision. (Added Pub. L. 109–248, title VII, § 702(a), July 27, 2006, 120 Stat. 648.) CHAPTER 110A—DOMESTIC VIOLENCE AND STALKING Sec. 2261. Interstate domestic violence. 2261A. Interstate stalking.1 2261B. Enhanced penalty for stalkers of children. 2262. Interstate violation of protection order. 2263. Pretrial release of defendant. 2264. Restitution. 2265. Full faith and credit given to protection or- ders. 2265A Repeat offenders.2 2266. Definitions. Editorial Notes AMENDMENTS 2020—Pub. L. 116–249, § 2(b), Dec. 22, 2020, 134 Stat. 1126, added item 2261B. 1996—Pub. L. 104–294, title VI, § 604(a)(1), Oct. 11, 1996, 110 Stat. 3506, amended analysis by inserting ‘‘Sec.’’ above section numbers. Pub. L. 104–201, div. A, title X, § 1069(b)(3), (c), Sept. 23, 1996, 110 Stat. 2656, inserted ‘‘AND STALKING’’ after ‘‘VIOLENCE’’ in chapter heading and added item 2261A. § 2261. Interstate domestic violence (a) OFFENSES.— (1) TRAVEL OR CONDUCT OF OFFENDER.—A per- son who travels in interstate or foreign com- merce or enters or leaves Indian country or is present within the special maritime and terri- torial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel or presence, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b). (2) CAUSING TRAVEL OF VICTIM.—A person who causes a spouse, intimate partner, or dating partner to travel in interstate or foreign com- merce or to enter or leave Indian country by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner, shall be punished as provided in subsection (b). (b) PENALTIES.—A person who violates this section or section 2261A shall be fined under this title, imprisoned— (1) for life or any term of years, if death of the victim results; (2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results; (3) for not more than 10 years, if serious bod- ily injury to the victim results or if the of- fender uses a dangerous weapon during the of- fense; (4) as provided for the applicable conduct under chapter 109A if the offense would con- stitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial juris-