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Laws Concerning the Sexual Exploitation
of Children
Federal Laws
State Laws
| All states and the District of Columbia have laws concerning child
pornography as well as other types of child sexual exploitation. As
a result a person who violates federal laws concerning these crimes
may also face additional state charges. |
18 U.S.C. 1466A – OBSCENE VISUAL REPRESENTATIONS OF
THE SEXUAL ABUSE OF CHILDREN
It is forbidden to knowingly produce, distribute, receive, or possess
with the intent to distribute, a visual depiction of any kind, including
a drawing, cartoon, sculpture, or painting, that
- depicts a minor engaging in sexually explicit conduct and is obscene,
or
- depicts an image that is, or appears to be, of a minor engaging
in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, and such depiction
lacks serious literary, artistic, political, or scientific value.
Attempts or conspiracies to knowingly produce, distribute, receive,
or possess with the intent to distribute, a visual depiction of any
kind, including a drawing, cartoon, sculpture, or painting, that
- depicts a minor engaging in sexually explicit conduct and is obscene,
or
- depicts an image that is, or appears to be, of a minor engaging
in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, and such depiction
lacks serious literary, artistic, political, or scientific value,
are also forbidden.
It is forbidden to knowingly possess a visual depiction of any kind,
including a drawing, cartoon, sculpture, or painting, that
- depicts a minor engaging in sexually explicit conduct and is obscene,
or
- depicts an image that is, or appears to be, of a minor engaging
in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, and such depiction
lacks serious literary, artistic, political, or scientific value,
if one of the...circumstances [noted below] is present
- any communication involved in or made in furtherance of the offense
is communicated or transported by the mail, or in interstate or foreign
commerce by any means, including by computer, or any means or instrumentality
of interstate or foreign commerce is otherwise used in committing
or in furtherance of the commission of the offense;
- any communication involved in or made in furtherance of the offense
contemplates the transmission or transportation of a visual depiction
by the mail, or in interstate or foreign commerce by any means, including
by computer;
- any person travels or is transported in interstate or foreign commerce
in the course of the commission or in furtherance of the commission
of the offense;
- any visual depiction involved in the offense has been mailed, or
has been shipped or transported in interstate or foreign commerce
by any means, including by computer, or was produced using materials
that have been mailed, or that have been shipped or transported in
interstate or foreign commerce by any means, including by computer;
or
- the offense is committed in the special maritime and territorial
jurisdiction of the United States or in any territory or possession
of the United States.
An attempt to knowingly possess such a visual depiction is also forbidden
under the same circumstances.
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18 U.S.C. 2251 – SEXUAL EXPLOITATION OF CHILDREN
It is forbidden for any person to employ, use, persuade, induce, entice,
or coerce any minor to engage or assist any other person to engage in,
or to transport any minor in interstate or foreign commerce with the
intent that the minor engage in, any sexually explicit conduct if such
person knows or has reason to know that such 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.
It is forbidden for any parent, legal guardian, or person having custody
or control of a minor to knowingly permit such minor to engage or assist
any other person to engage in sexually explicit conduct for the purpose
of producing any visual depiction of such conduct if the 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.
It is forbidden for any person to knowingly make, print, or publish,
or cause to be made, printed, or published, any notice or advertisement
seeking or offering
- 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
- to participate in any act of sexually explicit conduct by or with
any minor for the purpose of producing a visual depiction of such
conduct,
if such person knows or has reason to know that such notice or advertisement
is or will be transported in interstate or foreign commerce by any means
including by computer or mail.
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18 U.S.C. 2251A – SELLING OR BUYING OF CHILDREN
It is forbidden for any parent, legal guardian, or other person having
custody or control of a minor to sell or otherwise transfer custody
or control of such minor, or offer to sell or otherwise transfer custody
or control, either
- with the knowledge that, as a consequence of the sale or transfer,
the minor will be portrayed in a visual depiction engaging or assisting
another person to engage in sexually explicit conduct, or
- with the intent to promote either the engaging in of sexually explicit
conduct by such minor for the purpose of producing any visual depiction
of such conduct or the rendering of assistance by the minor to any
person to engage in sexually explicit conduct for the purpose of producing
any visual depiction of such conduct.
It is forbidden for any person to purchase or otherwise obtain custody
or control of a minor, or offer to purchase or otherwise obtain custody
or control of a minor, either
- with the knowledge that, as a consequence of the purchase or obtaining
custody, the minor will be portrayed in a visual depiction engaging
or assisting another person to engage in sexually explicit conduct,
or
- with the intent to promote either the engaging in of sexually explicit
conduct by such minor for the purpose of producing any visual depiction
of such conduct or the rendering of assistance by the minor to any
person to engage in sexually explicit conduct for the purpose of producing
any visual depiction of such conduct.
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18 U.S.C. 2252 – MATERIAL INVOLVING THE SEXUAL EXPLOITATION
OF MINORS
It is forbidden for any person to knowingly transport or ship in interstate
or foreign commerce by any means, including by computer or through the
mail, any visual depiction, if
- the producing of such visual depiction involves the use of a minor
engaging in sexually explicit conduct, and
- such visual depiction is of such conduct.
It is forbidden for any person to knowingly
- receive or distribute any visual depiction that has been mailed,
shipped, or transported in interstate or foreign commerce, or which
contains materials that have been so mailed, shipped, or transported,
by any means, including by computer, or
- reproduce any visual depiction for distribution in interstate or
foreign commerce by any means, including by computer or through the
mail,
if the producing of such visual depiction involves the use of a minor
engaging in sexually explicit conduct and such visual depiction is of
such conduct.
It is forbidden to knowingly sell or possess with the intent to sell
any visual depiction that has been mailed, shipped, or transported in
interstate or foreign commerce, or which was produced using materials
that have been so mailed, shipped, or transported, by any means, including
computer, if
- the producing of such visual depiction involves the use of a minor
engaging in sexually explicit conduct, and
- such visual depiction is of such conduct.
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18 U.S.C. 2252A – MATERIAL CONSTITUTING OR CONTAINING
CHILD PORNOGRAPHY1
It is forbidden for any person to knowingly
- mail, or transport or ship in interstate or foreign commerce by
any means, including by computer, any child pornography;
- receive or distribute any
- child pornography that has been mailed, or shipped or transported
in interstate or foreign commerce by any means, including by computer
or
- material that contains child pornography that has been mailed,
or shipped or transported in interstate or foreign commerce by
any means, including by computer;
- advertise, promote, present, distribute, or solicit through the
mail, 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
- an obscene visual depiction of a minor engaging in sexually
explicit conduct; or
- a visual depiction of an actual minor engaging in sexually
explicit conduct;
- reproduces any child pornography for distribution through the mails,
or in interstate or foreign commerce by any means, including by computer;
- sell or possess with the intent to sell any child pornography;
- possess any book, magazine, periodical, film, videotape, computer
disk, or any other material that contains an image of child pornography;
or
- distribute, offer, send, or provide 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
- that has been mailed, shipped, or transported in interstate
or foreign commerce by any means, including by computer;
- that 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 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 the purpose of inducing or persuading a minor to participate
in any activity that is illegal.
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18 U.S.C. 2256 – “CHILD PORNOGRAPHY” DEFINED
Child pornography is defined as any visual depiction, including
any photograph, film, video, or computer or computer-generated image
or picture, whether made or produced by electronic, mechanical, or other
means, of sexually explicit conduct, where
- the production of such visual depiction involves the use of a minor
engaging in sexually explicit conduct;
- such visual depiction is a digital image, computer image, or computer-generated
image that is, or is indistinguishable from, that of a minor engaging
in sexually explicit conduct; or
- such visual depiction has been created, adapted, or modified to
appear that an identifiable minor is engaging in sexually explicit
conduct.
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18 U.S.C. 2258 – FAILURE TO REPORT CHILD ABUSE
Physicians, dentists, medical residents or interns, hospital personnel
and administrators, nurses, healthcare practitioners, chiropractors,
osteopaths, pharmacists, optometrists, podiatrists, emergency medical
technicians, ambulance drivers, undertakers, coroners, medical examiners,
alcohol or drug treatment personnel, persons performing a healing role
or practicing the healing arts, psychologists, psychiatrists, mental-health
professionals, social workers, licensed or unlicensed marriage, family,
and individual counselors, teachers, teacher’s aides or assistants,
school counselors and guidance personnel, school officials, school administrators,
childcare workers and administrators, law-enforcement personnel, probation
officers, criminal prosecutors, juvenile rehabilitation or detention
facility employees, foster parents, commercial film and photo processors,
and any other person engaged in a professional capacity must, upon learning
of facts that give reason to suspect that a child has suffered an incident
of child abuse, make a timely report.
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18 U.S.C. 2260 – PRODUCTION OF SEXUALLY EXPLICIT DEPICTIONS
OF MINORS FOR IMPORTATION INTO THE UNITED STATES
It is forbidden for any person who is outside the United States to
employ, use, persuade, induce, entice, or coerce any minor to engage
or assist any other person to engage in any sexually explicit conduct
for the purpose of producing any visual depiction of such conduct, intending
that the visual depiction will be imported into the United States or
into waters within 12 miles of the coast of the United States.
It is forbidden for any person who is outside the United States to
knowingly receive, transport, ship, distribute, sell, or possess with
the intent to transport, ship, sell, or distribute any visual depiction
of a minor engaging in sexually explicit conduct, if the production
of the visual depiction involved the use of a minor engaging in sexually
explicit conduct, intending that the visual depiction will be imported
into the United States or into waters within 12 miles of the coast of
the United States.
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18 U.S.C. 2422 – COERCION AND ENTICEMENT
It is forbidden to knowingly persuade, induce, entice, or coerce
any individual to travel in interstate or foreign commerce to engage
in prostitution or any criminal sexual activity.
It is forbidden to knowingly attempt to persuade, induce, entice, or
coerce any individual to travel in interstate or foreign commerce to
engage in prostitution or any criminal sexual activity.
It is forbidden to use the mail or any facility or means of interstate
or foreign commerce to knowingly persuade, induce, entice, or coerce
a minor to engage in prostitution or any criminal sexual activity.
It is forbidden to attempt to use the mail or any facility or means
of interstate or foreign commerce to knowingly persuade, induce, entice,
or coerce a minor to engage in prostitution or any criminal sexual activity.
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18 U.S.C. 2423 – TRANSPORTATION OF MINORS
It is forbidden to knowingly transport a minor in interstate
or foreign commerce with the intent that the minor engage in prostitution
or in any criminal sexual activity.
It is forbidden for a person to travel in interstate commerce or to
travel into the United States for the purpose of engaging in any illicit
sexual conduct with another person.
It is forbidden for a United States citizen or an alien admitted for
permanent residence in the United States to travel in foreign commerce
to travel and engage in any illicit sexual conduct with another person.
It is forbidden to arrange, induce, procure, or facilitate the travel
of a person knowing that such a person is traveling in interstate or
foreign commerce for the purpose of engaging in illicit sexual conduct,
if the arrangement, inducement, procurement, or facilitation is for
the purpose of commercial advantage or private financial gain.
An attempt to commit any of the above-mentioned offenses is also forbidden.
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42 U.S.C. 13032 – REPORTING OF CHILD PORNOGRAPHY
BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS
Whoever, while providing an electronic communication service or a
remote computing service to the public through a facility or means of
interstate or foreign commerce, obtains knowledge of facts or circumstances
from which a violation of certain offenses involving child pornography
is apparent, must report those facts or circumstances to the [CyberTipline]
at the National Center for Missing [&] Exploited Children as soon
as is reasonably possible.
End Note
1As stated by Janis Wolak, Kimberly Mitchell, and David Finkelhor
in Internet Sex Crimes Against Minors: The Response of Law Enforcement
(Alexandria, Virginia: National Center for Missing & Exploited Children,
November 2003, page vii), “The term ‘child pornography,’ because it implies
simply conventional pornography with child subjects, is an inappropriate
term to describe the true nature and extent of sexually exploitive images
of child victims. Use of this term should not be taken to imply that children
‘consented’ to the sexual acts depicted in these photographs; however,
it is the term most readily recognized by the public, at this point in
time, to describe this form of child sexual exploitation. It is used in
this [document] to refer to illegal pictorial material involving children
under the standards developed by statute, case law, and law-enforcement-agency
protocols. It is hoped that a more accurate term will be recognized, understood,
and accepted for use in the near future.”
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