Citizen's Guide To U.S. Federal Law On Child
“18 U.S.C. § 2251- Sexual Exploitation of Children
(Production of child
)
18 U.S.C. § 2251A- Selling and Buying of Children
18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors
(Possession, distribution and receipt of child
)
18 U.S.C. § 2252A- certain activities relating to material constituting or containing child
18 U.S.C. § 2256- Definitions
18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States
Images of child
are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child
as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child
are also deemed illegal visual depictions under federal law.
Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child
if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.
Federal law prohibits the production, distribution, reception, and possession of an image of child
using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child
offense is also subject to prosecution under federal law.
Federal jurisdiction is implicated if the child
offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child
across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child
violation. Even if the child
image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.
In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child
.
Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child
with intent to import or transmit the visual depiction into the United States.
Any violation of federal child
law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child
under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child
in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child
offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.
It is important to note that an offender can be prosecuted under state child
laws in addition to, or instead of, federal law.”
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Child
“Child
Today
Because the term “child
” is used in federal statutes, it is also commonly used by lawmakers, prosecutors, investigators, and the public to describe this form of sexual exploitation of children. However, this term fails to describe the true horror that is faced by countless children every year. The production of child
creates a permanent record of a child’s sexual abuse. When these images are placed on the Internet and disseminated online, the victimization of the children continues in perpetuity. Experts and victims agree that victims depicted in child
often suffer a lifetime of re-victimization by knowing the images of their sexual abuse are on the Internet forever. The children exploited in these images must live with the permanency, longevity, and circulation of such a record of their sexual victimization. This often creates lasting psychological damage to the child, including disruptions in sexual development, self-image, and developing trusting relationships with others in the future.
The expansion of the Internet and advanced digital technology lies parallel to the explosion of the child
market. Child
images are readily available through virtually every Internet technology, including social networking websites, file-sharing sites, photo-sharing sites, gaming devices, and even mobile apps. Child
offenders can also connect on Internet forums and networks to share their interests, desires, and experiences abusing children, in addition to selling, sharing, and trading images.
These online communities have promoted communication and collaboration between child
offenders, thereby fostering a larger relationship premised on a shared sexual interest in children. This has the effect of eroding the shame that typically would accompany this behavior, as well as desensitizing those involved to the physical and psychological damage caused to the child victims. For this reason, online communities attract and encourage new individuals to join them in the sexual exploitation of children.
The methods many offenders use to evade law enforcement detection have also become increasingly sophisticated. Purveyors of child
continue to use various encryption techniques and anonymous networks on “The Dark Internet”, attempting to hide their amassed collections of illicit child abuse images. Several sophisticated online criminal organizations have even written security manuals to ensure that their members follow preferred security protocols and encryption techniques in an attempt to evade law enforcement and facilitate the sexual abuse of children.
Unfortunately, no area of the United States or country in the world is immune from individuals who seek to sexually exploit children through child
. The continuous production and distribution of child
increases the demand for new and more egregious images, perpetuating the continued molestation of child victims, as well as the abuse of new children.”
-more at link
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ICAC Task Force
Home
“The Internet Crimes Against Children Task Force Program is a national network of 61 coordinated task forces representing over 4,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are continually engaged in proactive and reactive investigations and prosecutions of persons involved in child abuse and exploitation involving the Internet.”
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Violent Crimes Against Children/Online Predators — FBI
“Investigations
Child Sexual Exploitation Investigations
Child sexual exploitation investigations—many of them undercover—are conducted in FBI field offices by Child Exploitation Task Forces (CETFs), which combine the resources of the FBI with those of other federal, state, and local law enforcement agencies. Each of the FBI’s 56 field offices has worked investigations developed by the VCAC program, and many of our Legal Attaché offices have coordinated with appropriate foreign law enforcement partners on international investigations. Several of these investigations are also worked in coordination with Internet Crimes Against Children (ICAC) Task Forces, which are funded by the Department of Justice. Furthermore, training is provided to all law enforcement involved in these investigations, including federal, state, local, and foreign law enforcement agencies.“
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“Investigative Priorities
Child abductions—child abductions, including domestic and international parental kidnapping
Child sexual exploitation enterprises—domestic child sex trafficking organizations; online networks and enterprises manufacturing, trading, distributing, and/or selling child
Contact offenses against children—domestic travel with intent to engage in illegal sexual activity with children; child sex tourism (international travel to engage in sexual activity with children); production of child
, including “sextortion” involving children who are extorted into producing child
; and coercion/enticement of a minor
Trafficking of child
—distribution of child
; possession of child
.”
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Crimes against children / Crimes against children / Crime areas / Internet / Home - INTERPOL
“Crimes against children
Crimes against children tend to be local crimes with the vast majority taking place within the home or family circle. There are, however, a number of areas where there is an international angle:
Internet crimes: crimes against children are facilitated by the Internet, the increased use of which in recent years has led to a huge rise in offending. Not only can offenders distribute and access child abuse material more easily, but they can also come into direct contact with children – via chatrooms and social networking sites. We run a project in conjunction with Internet Access Service Providers to block access to child abuse material online. “
Access blocking / Crimes against children / Crime areas / Internet / Home - INTERPOL
“The "Worst of"-list
INTERPOL has taken responsibility for providing a list of domains containing child sexual abuse content to any (Internet) Access Service Provider (ASP) willing to participate in reducing the availability of such material on the Web.
INTERPOL's "Worst of"-list includes those domains that contain the most severe child sexual abuse material, according to defined criteria.“
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Child Exploitation Investigations Unit
“As part of ICE’s Cyber Crimes Center (C3), the CEIU uses cutting edge investigative techniques to bring justice to consumers, producers and distributors of child
, as well as to predators engaging in child sex tourism. The efforts of the CEIU, in addition to ICE’s participation in national programs like Operation Predator and international partnerships like the Virtual Global Taskforce, have resulted in the rescue of thousands of children.“
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US DOJ
Report a Crime
Child
and/or sexual exploitation of children
Call your local FBI field office or Legal Attache' Office
National Center for Missing and Exploited Children
800-THE-LOST (800-843-5678)
For more information see the Child Exploitation and Obscenity Section
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Child Victim Assistance (CPVA)
“The FBI’s Child
Victim Assistance (CPVA) program serves as the central repository for information on identified victims of child
. Pursuant to federal statutes, law enforcement may be required to notify victims each time images of their victimization are seized as part of an investigation. The amount and frequency of notifications can be overwhelming, especially as victims may have difficulty coping with the impact of the crime and its ongoing aftermath.
To help streamline the notification process, CPVA attempts to minimize any additional trauma by limiting unnecessary contact with victims through utilization of the centralized and automated DOJ Victim Notification System. Through this system, CPVA continues to ensure victims are advised of the rights and services they may be entitled to as a result of any federal cases opened against offenders found in possession of their images, regardless of how much time has passed since the original exploitation took place.
CPVA is a joint initiative and coordinates directly with law enforcement or victim/witness personnel at various federal agencies, U.S. Attorneys’ Offices, and the National Center for Missing & Exploited Children.“
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National Center for Missing and Exploited Children
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