Laws: Cases and Codes : U.S. Code : Title 18 : Section 2252A
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U.S. Code as of:
01/19/04
Section 2252A - Notes
SOURCE
(Added Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
121[3(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-28;
amended Pub. L. 105-314, title II, Secs. 202(b), 203(b), Oct. 30,
1998, 112 Stat. 2978; Pub. L. 107-273, div. B, title IV, Sec.
4003(a)(5), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 108-21, title I,
Sec. 103(a)(1)(D), (E), (b)(1)(E), (F), title V, Secs. 502(d), 503,
505, 507, 510, Apr. 30, 2003, 117 Stat. 652, 653, 679, 680,
682-684.)
AMENDMENTS
2003 - Subsec. (a)(3). Pub. L. 108-21, Sec. 503(1)(A), added par.
(3) and struck out former par. (3) which read as follows:
"knowingly reproduces any child pornography for distribution
through the mails, or in interstate or foreign commerce by any
means, including by computer;".
Subsec. (a)(6). Pub. L. 108-21, Sec. 503(1)(B)-(D), added par.
(6).
Subsec. (b)(1). Pub. L. 108-21, Sec. 507, inserted "chapter 71,"
before "chapter 109A," and "or under section 920 of title 10
(article 120 of the Uniform Code of Military Justice)," before "or
under the laws".
Pub. L. 108-21, Sec. 503(2), which directed the substitution of
"paragraph (1), (2), (3), (4), or (6)" for "paragraphs (1), (2),
(3), or (4)", was executed by making the substitution for
"paragraph (1), (2), (3), or (4)", to reflect the probable intent
of Congress.
Pub. L. 108-21, Sec. 103(a)(1)(D), (b)(1)(E), substituted "20
years" for "15 years", "and imprisoned not less than 5 years and"
for "or imprisoned", "15 years" for "5 years", and "40 years" for
"30 years" and struck out "or both," before "but, if such person".
Subsec. (b)(2). Pub. L. 108-21, Sec. 507, inserted "chapter 71,"
before "chapter 109A," and "or under section 920 of title 10
(article 120 of the Uniform Code of Military Justice)," before "or
under the laws".
Pub. L. 108-21, Sec. 103(a)(1)(E), (F), substituted "more than 10
years" for "more than 5 years", "less than 10 years" for "less than
2 years", and "20 years" for "10 years".
Subsec. (c). Pub. L. 108-21, Sec. 502(d), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "It
shall be an affirmative defense to a charge of violating paragraph
(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."
Subsec. (e). Pub. L. 108-21, Sec. 505, added subsec. (e).
Subsec. (f). Pub. L. 108-21, Sec. 510, added subsec. (f).
2002 - Subsecs. (b)(1), (c). Pub. L. 107-273 substituted
"paragraph" for "paragraphs".
1998 - Subsec. (a)(5)(A), (B). Pub. L. 105-314, Sec. 203(b)(1),
substituted "an image" for "3 or more images".
Subsec. (b). Pub. L. 105-314, Sec. 202(b), substituted ", chapter
109A, or chapter 117" for "or chapter 109A" in pars. (1) and (2)
and substituted "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" for "the possession of child
pornography" in par. (2).
Subsec. (d). Pub. L. 105-314, Sec. 203(b)(2), added subsec. (d).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1466A, 2253, 2254, 2255,
2516, 3142, 3486, 3583 of this title; title 42 sections 2000aa,
13032, 14071.
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