Laws: Cases and Codes : U.S. Code : Title 18 : Section 2252
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U.S. Code as of:
01/19/04
Section 2252 - Notes
SOURCE
(Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 7; amended
Pub. L. 98-292, Sec. 4, May 21, 1984, 98 Stat. 204; Pub. L. 99-500,
Sec. 101(b) [title VII, Sec. 704(b)], Oct. 18, 1986, 100 Stat.
1783-39, 1783-75, and Pub. L. 99-591, Sec. 101(b) [title VII, Sec.
704(b)], Oct. 30, 1986, 100 Stat. 3341-39, 3341-75; Pub. L.
100-690, title VII, Sec. 7511(b), Nov. 18, 1988, 102 Stat. 4485;
Pub. L. 101-647, title III, Sec. 323(a), (b), Nov. 29, 1990, 104
Stat. 4818, 4819; Pub. L. 103-322, title XVI, Sec. 160001(d), (e),
title XXXIII, Sec. 330010(8), Sept. 13, 1994, 108 Stat. 2037, 2143;
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
121[5]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-30; Pub. L.
105-314, title II, Secs. 202(a), 203(a), Oct. 30, 1998, 112 Stat.
2977, 2978; Pub. L. 108-21, title I, Sec. 103(a)(1)(B), (C),
(b)(1)(C), (D), title V, Sec. 507, Apr. 30, 2003, 117 Stat. 652,
653, 683.)
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
AMENDMENTS
2003 - 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. 103(a)(1)(B), (C), substituted "and
imprisoned not less than 5 years and" for "or imprisoned", "20
years" for "15 years", "40 years" for "30 years", and "15 years"
for "5 years" and struck out "or both," before "but if such person
has a prior".
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)(C), (D), 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".
1998 - Subsec. (a)(4)(A), (B). Pub. L. 105-314, Sec. 203(a)(1),
substituted "1 or more" for "3 or more".
Subsec. (b). Pub. L. 105-314, Sec. 202(a), 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. (c). Pub. L. 105-314, Sec. 203(a)(2), added subsec. (c).
1996 - Subsec. (b). Pub. L. 104-208 added subsec. (b) and struck
out former subsec. (b) which read as follows:
"(b)(1) Whoever violates, or attempts or conspires to violate,
paragraph (1), (2), or (3) of subsection (a) shall be fined under
this title or imprisoned not more than ten years, or both, but, if
such person has a prior conviction under this chapter or chapter
109A, such person shall be fined under this title and imprisoned
for not less than five years nor more than fifteen years.
"(2) Whoever violates, or attempts or conspires to violate,
paragraph (4) of subsection (a) shall be fined under this title or
imprisoned for not more than five years, or both."
1994 - Subsec. (a)(3)(B). Pub. L. 103-322, Sec. 330010(8),
substituted "materials" for "materails" in introductory provisions.
Subsec. (b)(1). Pub. L. 103-322, Sec. 160001(d), (e), inserted ",
or attempts or conspires to violate," after "violates" and
substituted "conviction under this chapter or chapter 109A" for
"conviction under this section".
Subsec. (b)(2). Pub. L. 103-322, Sec. 160001(e), inserted ", or
attempts or conspires to violate," after "violates".
1990 - Subsec. (a). Pub. L. 101-647, Sec. 323(a), (b), struck out
"or" at end of par. (1), substituted "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," for "that has
been transported or shipped in interstate or foreign commerce by
any means including by computer or mailed" in par. (2), struck out
at end "shall be punished as provided in subsection (b) of this
section.", and added pars. (3) and (4) and concluding provisions.
Subsec. (b). Pub. L. 101-647, Sec. 323(a)(2), added subsec. (b)
and struck out former subsec. (b) which read as follows: "Any
individual who violates this section shall be fined not more than
$100,000, or imprisoned not more than 10 years, or both, but, if
such individual has a prior conviction under this section, such
individual shall be fined not more than $200,000, or imprisoned not
less than five years nor more than 15 years, or both. Any
organization which violates this section shall be fined not more
than $250,000."
1988 - Subsec. (a)(1), (2). Pub. L. 100-690 inserted "by any
means including by computer" after "commerce" in introductory
provisions.
1986 - Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591 substituted
"five years" for "two years".
1984 - Subsec. (a)(1). Pub. L. 98-292, Sec. 4(1), (3), (4),
substituted "any visual depiction" for "for the purpose of sale or
distribution for sale, any obscene visual or print medium" in
provisions preceding subpar. (A).
Subsec. (a)(1)(A). Pub. L. 98-292, Sec. 4(4), substituted "visual
depiction" for "visual or print medium".
Subsec. (a)(1)(B). Pub. L. 98-292, Sec. 4(4), (5), substituted
"visual depiction is of" for "visual or print medium depicts".
Subsec. (a)(2). Pub. L. 98-292, Sec. 4(2)-(4), (6), (7),
substituted ", or distributes, any visual depiction" for "for the
purpose of sale or distribution for sale, or knowingly sells or
distributes for sale, any obscene visual or print medium" and
inserted "or knowingly reproduces any visual depiction for
distribution in interstate or foreign commerce or through the
mails" in provisions preceding subpar. (A).
Subsec. (a)(2)(A). Pub. L. 98-292, Sec. 4(4), substituted "visual
depiction" for "visual or print medium".
Subsec. (a)(2)(B). Pub. L. 98-292, Sec. 4(4), (5), substituted
"visual depiction is of" for "visual or print medium depicts".
Subsec. (b). Pub. L. 98-292, Sec. 4(8)-(11), substituted
"individual" for "person" in three places, "$100,000" for
"$10,000", and "$200,000" for "$15,000", and inserted "Any
organization which violates this section shall be fined not more
than $250,000."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1961, 2253, 2254, 2255,
2516, 3142, 3486, 3583 of this title; title 8 section 1101; title
42 sections 2000aa, 13032, 14071, 14135a.
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