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Sec. 2252A. - Certain activities relating to material constituting or containing child pornography
(a)
Any person who -
(1)
knowingly mails, or transports or ships in interstate or
foreign commerce by any means, including by computer, any child
pornography;
(2)
knowingly receives or distributes -
(A)
any child pornography that has been mailed, or shipped or
transported in interstate or foreign commerce by any means,
including by computer; or
(B)
any material that contains child pornography that has
been mailed, or shipped or transported in interstate or foreign
commerce by any means, including by computer;
(3)
knowingly reproduces any child pornography for distribution
through the mails, or in interstate or foreign commerce by any
means, including by computer;
(4)
either -
(A)
in the special maritime and territorial jurisdiction of
the United States, or on any land or building owned by, leased
to, or otherwise used by or under the control of the United
States Government, or in the Indian country (as defined in
section 1151), knowingly sells or possesses with the intent to
sell any child pornography; or
(B)
knowingly sells or possesses with the intent to sell any
child pornography that has been mailed, or shipped or
transported in interstate or foreign commerce by any means,
including by computer, or that was produced using materials
that have been mailed, or shipped or transported in interstate
or foreign commerce by any means, including by computer; or
(5)
either -
(A)
in the special maritime and territorial jurisdiction of
the United States, or on any land or building owned by, leased
to, or otherwise used by or under the control of the United
States Government, or in the Indian country (as defined in
section 1151), knowingly possesses any book, magazine,
periodical, film, videotape, computer disk, or any other
material that contains an image of child pornography; or
(B)
knowingly possesses any book, magazine, periodical, film,
videotape, computer disk, or any other material that contains
an image of child pornography that has been mailed, or shipped
or transported in interstate or foreign commerce by any means,
including by computer, or that was produced using materials
that have been mailed, or shipped or transported in interstate
or foreign commerce by any means, including by computer,
shall be punished as provided in subsection (b).
(b)
(1)
Whoever violates, or attempts or conspires to violate,
paragraphs [1] (1), (2), (3), or (4) of subsection (a)
shall be fined under this title or imprisoned not more than 15
years, or both, but, if such person has a prior conviction under
this chapter, chapter 109A, or chapter 117, or under the laws of
any State relating to aggravated sexual abuse, sexual abuse, or
abusive 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 5 years
nor more than 30 years.
(2)
Whoever violates, or attempts or conspires to violate,
subsection (a)(5) shall be fined under this title or imprisoned not
more than 5 years, or both, but, if such person has a prior
conviction under this chapter, chapter 109A, or chapter 117, or
under the laws of any State relating to aggravated sexual abuse,
sexual abuse, or abusive 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 2 years nor more than 10 years.
(c)
It shall be an affirmative defense to a charge of violating
paragraphs [1] (1), (2), (3), or (4) of subsection (a)
that -
(1)
the alleged child pornography was produced using an actual
person or persons engaging in sexually explicit conduct;
(2)
each such person was an adult at the time the material was
produced; and
(3)
the defendant did not advertise, promote, present,
describe, or distribute the material in such a manner as to
convey the impression that it is or contains a visual depiction
of a minor engaging in sexually explicit conduct.
(d)
Affirmative Defense. -
It shall be an affirmative defense to
a charge of violating subsection (a)(5) that the defendant -
(1)
possessed less than three images of child pornography; and
(2)
promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any image or copy thereof -
(A)
took reasonable steps to destroy each such image; or
(B)
reported the matter to a law enforcement agency and
afforded that agency access to each such image
[1] So in original. Probably should be ''paragraph''.
Next:
Sec. 2314. - Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeitingPrevious:
Sec. 2252. - Certain activities relating to material involving the sexual exploitation of minorsSearch the Statutes
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