Laws: Cases and Codes : U.S. Code : Title 18 : Section 2251


   
U.S. Code as of: 01/19/04
Section 2251. Sexual exploitation of children

      (a) Any person who employs, uses, persuades, induces, 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 in interstate or
    foreign commerce, or in any Territory or Possession of the United
    States, with the intent that such minor engage in, any sexually
    explicit conduct for the purpose of producing any visual depiction
    of such conduct, shall be punished as provided under subsection
    (e), if such person knows or has reason to know that such visual
    depiction will be transported in interstate or foreign commerce or
    mailed, if that visual depiction was produced using materials that
    have been mailed, shipped, or transported in interstate or foreign
    commerce by any means, including by computer, or if such visual
    depiction has actually been transported in interstate or foreign
    commerce or mailed.
      (b) Any parent, legal guardian, or person having custody or
    control of a minor who knowingly permits such minor to engage in,
    or to assist any other person to engage in, sexually explicit
    conduct for the purpose of producing any visual depiction of such
    conduct shall be punished as provided under subsection (e) of this
    section, if such parent, legal guardian, or person knows or has
    reason to know that such visual depiction will be transported in
    interstate or foreign commerce or mailed, if that visual depiction
    was produced using materials that have been mailed, shipped, or
    transported in interstate or foreign commerce by any means,
    including by computer, or if such visual depiction has actually
    been transported in interstate or foreign commerce or mailed.
      (c)(1) Any person who, in a circumstance described in paragraph
    (2), employs, uses, persuades, induces, entices, or coerces any
    minor to engage in, or who has a minor assist any other person to
    engage in, any sexually explicit conduct outside of the United
    States, its territories or possessions, for the purpose of
    producing any visual depiction of such conduct, shall be punished
    as provided under subsection (e).
      (2) The circumstance referred to in paragraph (1) is that - 
        (A) the person intends such visual depiction to be transported
      to the United States, its territories or possessions, by any
      means, including by computer or mail; or
        (B) the person transports such visual depiction to the United
      States, its territories or possessions, by any means, including
      by computer or mail.

      (d)(1) Any person who, in a circumstance described in paragraph
    (2), knowingly makes, prints, or publishes, or causes to be made,
    printed, or published, any notice or advertisement seeking or
    offering - 
        (A) to receive, exchange, buy, produce, display, distribute, or
      reproduce, any visual depiction, if the production of such visual
      depiction involves the use of a minor engaging in sexually
      explicit conduct and such visual depiction is of such conduct; or
        (B) participation in any act of sexually explicit conduct by or
      with any minor for the purpose of producing a visual depiction of
      such conduct;

    shall be punished as provided under subsection (e).
      (2) The circumstance referred to in paragraph (1) is that - 
        (A) such person knows or has reason to know that such notice or
      advertisement will be transported in interstate or foreign
      commerce by any means including by computer or mailed; or
        (B) such notice or advertisement is transported in interstate
      or foreign commerce by any means including by computer or mailed.

      (e) Any individual who violates, or attempts or conspires to
    violate, this section shall be fined under this title and
    imprisoned not less than 15 years nor more than 30 years, but if
    such person has one prior conviction under this chapter, chapter
    71, chapter 109A, or chapter 117, or under section 920 of title 10
    (article 120 of the Uniform Code of Military Justice), or under the
    laws of any State relating to the sexual exploitation of children,
    such person shall be fined under this title and imprisoned for not
    less than 25 years nor more than 50 years, but if such person has 2
    or more prior convictions under this chapter, chapter 71, chapter
    109A, or chapter 117, or under section 920 of title 10 (article 120
    of the Uniform Code of Military Justice), or under the laws of any
    State relating to the sexual exploitation of children, such person
    shall be fined under this title and imprisoned not less than 35
    years nor more than life. Any organization that violates, or
    attempts or conspires to violate, this section shall be fined under
    this title. Whoever, in the course of an offense under this
    section, engages in conduct that results in the death of a person,
    shall be punished by death or imprisoned for any term of years or
    for life.



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