18 U.S.C. § 2252 - Federal Child Pornography Laws
Under federal law, Title 18 U.S. Code 2252, child pornography is defined as any visual depiction of sexually explicit conduct involving a minor (under 18 years old).
Federal law prohibits the production, distribution, importation, reception, or possession of any image of child pornography. Violations of federal child porn laws carry harsh penalties.
There are numerous other federal laws regarding child pornography offenses, such as 18 U.S.C. 2252A, sexual exploitation of minors, and 18 U.S.C. 1466A, obscene visual representation of sexual abuse of minors.
Child pornography is a form of child sexual exploitation. Images of child porn are also called child sexual abuse images.
The United States Congress first passed legislation against child pornography with the Protection of Children Against Sexual Exploitation Act of 1977.
Since then, they continued to pass stricter legislation, especially when the Internet became popular, which was used to distribute child porn widely.
For example, in 1988, the first federal law was passed to deal with transporting, distributing, or receiving child pornography via computer. In 1990, the United States Supreme Court upheld a state law prohibiting private possession and viewing of child pornography in someone's own home.
In 1996, Congress passed the Child Pornography Prevention Act (CPPA), which was passed in response to computer technology allowing the creation of electronic images that appeared to be photographs of real people but were, in fact, artificial.
The CPPA also prohibited "any sexually explicit image that was advertised, promoted, presented, described, or distributed in such a manner that conveys the impression it depicts a minor engaging in sexually explicit conduct."
The CPPA expanded the existing definition of child porn to prohibit any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture that appears to be a minor engaging in sexually explicit conduct.
Transporting Child Pornography
The federal laws against child pornography are some of the strictest in the federal criminal justice system, which is described as any visual imagery that depicts children under 18 years old in sexual situations for the purpose of sexual stimulation.
18 U.S.C. 2252(a)(1) defines the federal crime of knowingly transporting or shipping child pornography using any means of interstate or foreign commerce, which includes a computer or mail, any visual depiction, if:
- The producing of visual depictions involves using a minor to engage in sexually explicit conduct and
- The visual depiction of such conduct
This illegal conduct deals with the transportation of child pornography across state lines or international borders. Otherwise, it would be investigated and prosecuted by a state government agency. For example, California Penal Code 311 PC defines the state's child pornography laws.
Receiving or Distributing Child Porn
18 U.S.C. 2252(a)(2) defines the crime of when someone knowingly receives or distributes any visual depiction of minors:
- Using interstate or foreign commerce, or
- That was mailed, shipped, or transported, or
- Contains material by any means, including by computer, that knowingly reproduces any visual depictions of minors for distribution.
While the previous subsection deals with the transportation of contraband images, this subsection addresses both the receipt and distribution of child pornography images.
This law also includes downloading child pornography images from a website or sharing child porn images with other internet users through a file-sharing service.
Selling Child Porn Images
18 U.S.C. 2252(a)(3) defines the crime of selling or possessing, with intent to sell, child pornography images. The statute lists jurisdictional requirements to ensure that it's a federal offense and not a case that a state court would prosecute.
Simply put, subsection (a)(3) offenses has to either occur in the:
- Special maritime and territorial jurisdiction of the United States, or
- Land or buildings that are owned, leased, or under the control of the United States Government, including Indian country.
It's a federal crime to knowingly sell or possess with intent to sell any visual depiction of minors that has been mailed, shipped, or transported using interstate or foreign commerce, including by a computer.
What Are the 18 U.S.C. 2252 Penalties?
Under 18 U.S.C. 2252(b), the penalties for whoever violates, attempts, or conspires to violate these subsections related to child pornography:
- Will be fined and sentenced to federal prison for not less than five years or more than 20 years in federal prison.
- A second or subsequent violation carries up to 40 years in federal prison.
- Possession of child porn is punishable by a maximum of 10 years.
- Second of subsequent crimes of mere possession of child porn carries 10 to 20 years in federal prison.
- If the contraband images portray children under 12 years old, the sentence can be increased to 20 years in prison.
- Any convictions for second or subsequent offenses of mere possessions carry 10 to 20 years in federal prison.
What Are Related Federal Laws?
18 U.S. Code Chapter 110 Sexual Exploitation and Other Abuse of Child has numerous related federal statutes, including the following:
- 18 U.S.C. 2251 - Sexual exploitation of children.
- 18 U.S.C. 2251A - Selling or buying of children.
- 18 U.S.C. 2252 - Certain activities relating to material involving the sexual exploitation of minors.
- 18 U.S.C. 2252A - Certain activities relating to material constituting or containing child pornography.
- 18 U.S.C. 2252B - Misleading domain names on the Internet.
- 18 U.S.C. 2252C - Misleading words or digital images on the Internet.
- 18 U.S.C. 2253 - Criminal forfeiture.
- 18 U.S.C. 2254 - Civil forfeiture.
- 18 U.S.C. 2255 - Civil remedy for personal injuries.
- 18 U.S.C. 2256 - Definitions for chapter.
- 18 U.S.C. § 2257. Record-keeping requirements.
- 18 U.S.C. 2257A - Record-keeping requirements for simulated sexual conduct.
- 18 U.S.C. 2258 - Failure to report child abuse.
- 18 U.S.C. 2258A - Reporting requirements of providers.
- 18 U.S.C. 2258B - Limited liability for providers or domain name registrars.
- 18 U.S.C. 2258C - Use to combat child pornography of technical elements relating to reports made to the CyberTipline.
- 18 U.S.C. 2258D - Limited liability for NCMEC.
- 18 U.S.C. 2258E - Definitions.
- 18 U.S.C. 2259 - Mandatory restitution.
- 18 U.S.C. 2259A - Assessments in child pornography cases.
- 18 U.S.C. 2259B - Child pornography victims reserve.
- 18 U.S.C. 2260 - Production of sexually explicit depictions of a minor for importation into the United States.
- 18 U.S.C. 2260A - Penalties for registered sex offenders.
What Are the Common Defenses?
A federal criminal prosecution for 18 U.S.C. 2252 child pornography could lead to a lengthy prison sentence. If you have been accused of a federal child porn offense, you must retain a federal criminal defense attorney before the court process begins to have the best chance of a favorable outcome.
Early intervention by our law firm can have a dramatic impact on the outcome of your case. First, we need to review the details to create a strategy to avoid a conviction and federal prison time. Notably, there is an affirmative defense to a charge of mere possession of child pornography in subsection (a)(4).
It applies to situations where you possessed less than three contraband images or videos and promptly notified law enforcement and provided access, or you took reasonable steps to destroy child pornography without sharing them with anyone else.
This defense is typically used for relief when you inadvertently download only one or two child porn images. For additional information, please contact our law firm, Cron, Israels & Stark, in Los Angeles, California.
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