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U.S. Code as of:
01/19/04
Section 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 -
(A) reproduces any child pornography for distribution through
the mails, or in interstate or foreign commerce by any means,
including by computer; or
(B) advertises, promotes, presents, distributes, or solicits
through the mails, or in interstate or foreign commerce by any
means, including by computer, any material or purported
material in a manner that reflects the belief, or that is
intended to cause another to believe, that the material or
purported material is, or contains -
(i) an obscene visual depiction of a minor engaging in
sexually explicit conduct; or
(ii) a visual depiction of an actual minor engaging in
sexually explicit conduct;
(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;
(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; or
(6) knowingly distributes, offers, sends, or provides to a
minor any visual depiction, including any photograph, film,
video, picture, or computer generated image or picture, whether
made or produced by electronic, mechanical, or other means, where
such visual depiction is, or appears to be, of a minor engaging
in sexually explicit conduct -
(A) that has been mailed, shipped, or transported in
interstate or foreign commerce by any means, including by
computer;
(B) that was produced using materials that have been mailed,
shipped, or transported in interstate or foreign commerce by
any means, including by computer; or
(C) which distribution, offer, sending, or provision is
accomplished using the mails or by transmitting or causing to
be transmitted any wire communication in interstate or foreign
commerce, including by computer,
for purposes of inducing or persuading a minor to participate in
any activity that is illegal.(!1)
shall be punished as provided in subsection (b).
(b)(1) Whoever violates, or attempts or conspires to violate,
paragraph (1), (2), (3), (4), or (6) 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,
subsection (a)(5) 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) It shall be an affirmative defense to a charge of violating
paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that -
(1)(A) the alleged child pornography was produced using an
actual person or persons engaging in sexually explicit conduct;
and
(B) each such person was an adult at the time the material was
produced; or
(2) the alleged child pornography was not produced using any
actual minor or minors.
No affirmative defense under subsection (c)(2) shall be available
in any prosecution that involves child pornography as described in
section 2256(8)(C). A defendant may not assert an affirmative
defense to a charge of violating paragraph (1), (2), (3)(A), (4),
or (5) of subsection (a) unless, within the time provided for
filing pretrial motions or at such time prior to trial as the judge
may direct, but in no event later than 10 days before the
commencement of the trial, the defendant provides the court and the
United States with notice of the intent to assert such defense and
the substance of any expert or other specialized testimony or
evidence upon which the defendant intends to rely. If the defendant
fails to comply with this subsection, the court shall, absent a
finding of extraordinary circumstances that prevented timely
compliance, prohibit the defendant from asserting such defense to a
charge of violating paragraph (1), (2), (3)(A), (4), or (5) of
subsection (a) or presenting any evidence for which the defendant
has failed to provide proper and timely notice.
(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.
(e) Admissibility of Evidence. - On motion of the government, in
any prosecution under this chapter or section 1466A, except for
good cause shown, the name, address, social security number, or
other nonphysical identifying information, other than the age or
approximate age, of any minor who is depicted in any child
pornography shall not be admissible and may be redacted from any
otherwise admissible evidence, and the jury shall be instructed,
upon request of the United States, that it can draw no inference
from the absence of such evidence in deciding whether the child
pornography depicts an actual minor.
(f) Civil Remedies. -
(1) In general. - Any person aggrieved by reason of the conduct
prohibited under subsection (a) or (b) or section 1466A may
commence a civil action for the relief set forth in paragraph
(2).
(2) Relief. - In any action commenced in accordance with
paragraph (1), the court may award appropriate relief, including
-
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for
attorneys and expert witnesses.
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