§ 2252A.
Certain activities relating to material constituting or containing child pornography
(a)
Any person who—
(1)
knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography;
(2)
knowingly receives or distributes—
(A)
any child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or
(B)
any material that contains child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;
(3)
knowingly—
(A)
reproduces any child pornography for distribution through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer; or
(B)
advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting 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 using any means or facility of interstate or foreign commerce or in or affecting 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 or affecting 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, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
(B)
knowingly possesses, or knowingly accesses with intent to view, 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 using any means or facility of interstate or foreign commerce or in or affecting 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 or affecting interstate or foreign commerce by any means, including by computer;
(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 using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer;
(B)
that was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer; or
(C)
which distribution, offer, sending, or provision is accomplished using the mails or any means or facility of interstate or foreign commerce,
for purposes of inducing or persuading a minor to participate in any activity that is illegal; or
(7)
knowingly produces with intent to distribute, or distributes, by any means, including a computer, in or affecting interstate or foreign commerce, child pornography that is an adapted or modified depiction of an identifiable minor.
1
So in original. The period probably should be a comma.
shall be punished as provided in subsection (b).
(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
(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.
(Added [Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[3(a)]]], Sept. 30, 1996, [110 Stat. 3009], 3009–26, 3009–28; amended [Pub. L. 105–314, title II], §§ 202(b), 203(b), Oct. 30, 1998, [112 Stat. 2978]; [Pub. L. 107–273, div. B, title IV, § 4003(a)(5)], Nov. 2, 2002, [116 Stat. 1811]; [Pub. L. 108–21, title I, § 103(a)(1)(D)], (E), (b)(1)(E), (F), title V, §§ 502(d), 503, 505, 507, 510, Apr. 30, 2003, [117 Stat. 652], 653, 679, 680, 682–684; [Pub. L. 109–248, title II, § 206(b)(3)], title VII, § 701, July 27, 2006, [120 Stat. 614], 647; [Pub. L. 110–358, title I, § 103(a)(4)], (b), (d), title II, § 203(b), Oct. 8, 2008, [122 Stat. 4002], 4003; [Pub. L. 110–401, title III, § 304], Oct. 13, 2008, [122 Stat. 4242]; [Pub. L. 111–16, § 3(5)], May 7, 2009, [123 Stat. 1607]; [Pub. L. 112–206, § 2(b)], Dec. 7, 2012, [126 Stat. 1490]; [Pub. L. 115–299, § 7(b)], Dec. 7, 2018, [132 Stat. 4388].)