(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, section 1591, chapter 71section 1591,
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,
or sex trafficking of children, 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.
(g)Child
Exploitation Enterprises.—
(1)Whoever engages in a child exploitation enterprise shall be fined
under this title and imprisoned for any term of years not less than 20 or for
life.
(2)A
person engages in a child exploitation enterprise for the purposes of this
section if the person violates section 1591, section 1201 if the victim is a
minor, or chapter 109A (involving a minor victim), 110 (except for sections 2257
and 2257A), or 117 (involving a minor victim), as a part of a series of felony
violations constituting three or more separate incidents and involving more than
one victim, and commits those offenses in concert with three or more other
persons.
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