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U.S. Code as of:
01/19/04
Section 2252. Certain activities relating to material involving the sexual exploitation of minors
(a) Any person who -
(1) knowingly transports or ships in interstate or foreign
commerce by any means including by computer or mails, any visual
depiction, if -
(A) the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction
that has been mailed, or has been shipped or transported in
interstate or foreign commerce, or which contains materials which
have been mailed or so shipped or transported, by any means
including by computer, or knowingly reproduces any visual
depiction for distribution in interstate or foreign commerce or
through the mails, if -
(A) the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) 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 Government
of the United States, or in the Indian country as defined in
section 1151 of this title, knowingly sells or possesses with
intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any
visual depiction that has been mailed, or has been shipped or
transported in interstate or foreign commerce, or which was
produced using materials which have been mailed or so shipped
or transported, by any means, including by computer, if -
(i) the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct; or
(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 Government
of the United States, or in the Indian country as defined in
section 1151 of this title, knowingly possesses 1 or more
books, magazines, periodicals, films, video tapes, or other
matter which contain any visual depiction; or
(B) knowingly possesses 1 or more books, magazines,
periodicals, films, video tapes, or other matter which contain
any visual depiction that has been mailed, or has been shipped
or transported in interstate or foreign commerce, or which was
produced using materials which have been mailed or so shipped
or transported, by any means including by computer, if -
(i) the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
(ii) such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (!1) (1), (2), or (3) of subsection (a) shall be fined
under this title and imprisoned not less than 5 years and not more
than 20 years, but if such person has a 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 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 15 years nor more than 40 years.
(2) Whoever violates, or attempts or conspires to violate,
paragraph (4) of subsection (a) shall be fined under this title or
imprisoned not more than 10 years, or both, but if such person has
a 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 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 10 years nor more
than 20 years.
(c) Affirmative Defense. - It shall be an affirmative defense to
a charge of violating paragraph (4) of subsection (a) that the
defendant -
(1) possessed less than three matters containing any visual
depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any visual depiction or copy thereof -
(A) took reasonable steps to destroy each such visual
depiction; or
(B) reported the matter to a law enforcement agency and
afforded that agency access to each such visual depiction.
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