US Code as of: 01/26/98
Sec. 2252. Certain activities relating to material involving the
sexual exploitation of minors
- (a)
Any person who -
- (1)
knowingly transports or ships in interstate or foreign
commerce by any means including by computer or mails, any visual
depiction, if -
- (A)
the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
- (B)
such visual depiction is of such conduct;
- (2)
knowingly receives, or distributes, any visual depiction
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, or knowingly reproduces any visual
depiction for distribution in interstate or foreign commerce or
through the mails, if -
- (A)
the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
- (B)
such visual depiction is of such conduct;
- (3)
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 Government
of the United States, or in the Indian country as defined in
section 1151 of this title, knowingly sells or possesses with
intent to sell any visual depiction; or
- (B)
knowingly sells or possesses with intent to sell any
visual depiction that has been mailed, or has been shipped or
transported in interstate or foreign commerce, or which was
produced using materials which have been mailed or so shipped
or transported, by any means, including by computer, if -
- (i)
the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
- (ii)
such visual depiction is of such conduct; or
- (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 Government
of the United States, or in the Indian country as defined in
section 1151 of this title, knowingly possesses 3 or more
books, magazines, periodicals, films, video tapes, or other
matter which contain any visual depiction; or
- (B)
knowingly possesses 3 or more books, magazines,
periodicals, films, video tapes, or other matter which contain
any visual depiction that has been mailed, or has been shipped
or transported in interstate or foreign commerce, or which was
produced using materials which have been mailed or so shipped
or transported, by any means including by computer, if -
- (i)
the producing of such visual depiction involves the use
of a minor engaging in sexually explicit conduct; and
- (ii)
such visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
- (b)
- (1)
Whoever violates, or attempts or conspires to violate,
paragraphs [1] (1), (2), or (3) of subsection (a) shall be
fined under this title or imprisoned not more than 15 years, or
both, but if such person has a prior conviction under this chapter
or chapter 109A, 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 5 years nor more than 30 years.
- (2)
Whoever violates, or attempts or conspires to violate,
paragraph (4) of subsection (a) shall be fined under this title or
imprisoned not more than 5 years, or both, but if such person has a
prior conviction under this chapter or chapter 109A, or under the
laws of any State relating to the possession of child pornography,
such person shall be fined under this title and imprisoned for not
less than 2 years nor more than 10 years.
Footnotes
[1] So in original. Probably should be ''paragraph''.
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