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The United States Code (U.S. Code, Code, or USC) - A consolidation and codification of the general and permanent laws of the United States arranged by subject under 50 titles, the first six dealing with general or political subjects, and the other 44 alphabetically arranged from agriculture to war. The Code is the official "consolidation and codification of all the general and permanent laws of the United Status...in force." (U.S. Code, 1970.) The U.S. Code is published in full every six years, with cumulative updates issued annually. The U.S. Code information located in EnviroText is updated as new compilations become available from the Law Revision Counsel. When a Public Law is "codified," sections in the Public Law are given different section numbers in the Code. This is an important difference between Public Laws and the Code. For example, although the content is the same, the first section of the Public Law for the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), is "Sec.101," whereas the same section in the Code is "42 USC 9601." Another important distinction is that sections of the same law may be located in different places within the Code, under different headings. For example, most of Superfund can be found in the Code at "42 USC 9601" (Public Health and Welfare); sections of Superfund that discuss taxes, "Imposition of Tax," are located in the Code at "26 USC 4671" (Internal Revenue Service). The United States Code is organized by sections of the law. For example, the "Superfund" law contains 26 sections in Title I. Each section is a record. A single "hit" will pull one section of Superfund. Several "hits" could pull some sections in Superfund and some sections in other laws.

• 18 USC Sec. 1460  Possession with intent to sell, and sale, of obscene matter on Federal property
• 18 USC Sec. 1461  Mailing obscene or crime-inciting matter
• 18 USC Sec. 1462  Importation or transportation of obscene matters
• 18 USC Sec. 1463  Mailing indecent matter on wrappers or envelopes
• 18 USC Sec. 1464  Broadcasting obscene language
• 18 USC Sec. 1465  Transportation of obscene matters for sale or distribution
• 18 USC Sec. 1466  Engaging in the business of selling or transferring obscene matter
• 18 USC Sec. 1470  Transfer of obscene material to minors
• 18 USC Sec. 1735  Sexually oriented advertisements
• 18 USC Sec. 1737  Manufacturer of sexually related mail matter
• 18 USC Sec. 2241  Aggrivated Sexual Abuse (CHAPTER 109A)
• 18 USC Sec. 2242  Sexual Abuse (CHAPTER 109A)
• 18 USC Sec. 2243  Sexual Abuse of a Minor or Ward (CHAPTER 109A)
• 18 USC Sec. 2244  Abusive Sexual Contact (CHAPTER 109A)
• 18 USC Sec. 2245  Sexual Abuse Resulting in Death (CHAPTER 109A)
• 18 USC Sec. 2246  Definitions (CHAPTER 109A)
• 18 USC Sec. 2251  Sexual Exploitation of Children (CHAPTER 110)
• 18 USC Sec. 2252  Certain activities relating to material involving the sexual exploitation of minors (CHAPTER 110)
• 18 USC Sec. 2253  Criminal Forfeiture (CHAPTER 110)
• 18 USC Sec. 2254  Civil Forfeiture (CHAPTER 110)
• 18 USC Sec. 2255  Civil Remedy for Personal Injuries (CHAPTER 110)
• 18 USC Sec. 2256  Definitions (CHAPTER 110)
• 18 USC Sec. 2258  Failure to report child abuse
• 18 USC Sec. 2260  Production of sexually explicit depictions of a minor for importation into the United States
• 18 USC Sec. 2421  Transportation generally
• 18 USC Sec. 2422  Coercion and Enticement
• 18 USC Sec. 2423  Transportation of Minors
• 18 USC Sec. 3509  Child Victims' and Child Witnesses' Rights (CHAPTER 223)
• 42 USC Sec. 13032  Reporting of child pornography by electronic communication service providers
• 42 USC Sec. 13713  Aimee's Law
• 42 USC Sec. 14071  Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program Act 1994
• 42 USC Sec. 14072  FBI Database
• 42 USC Sec. 14073  Immunity for Good Faith Conduct

18 USC Sec. 1460 (08/06/04) Possession with intent to sell, and sale, of obscene matter on Federal property

• Whoever, either —
  1. 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
  2. in the Indian country as defined in section 1151 of this title,
  knowingly sells or possesses with intent to sell an obscene visual depiction shall be punished by a fine in accordance with the provisions of this title or imprisoned for not more than 2 years, or both.
• For the purposes of this section, the term “visual depiction” includes undeveloped film and videotape but does not include mere words.

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18 USC Sec. 1461 (08/06/04) Mailing obscene or crime-inciting matter

Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance; and—

Every article or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; and

Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and

Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and

Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and

Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing —

Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.

Whoever knowingly uses the mails for the mailing, carriage in the mails, or delivery of anything declared by this section or section 3001 (e) of title 39 to be nonmailable, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, or knowingly takes any such thing from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.

The term “indecent”, as used in this section includes matter of a character tending to incite arson, murder, or assassination.

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18 USC Sec. 1462 (08/06/04) Importation or transportation of obscene matters

Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) [1] of the Communications Act of 1934), for carriage in interstate or foreign commerce —

• any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or
• any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or
• any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made; or

Whoever knowingly takes or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(e)(2) [1] of the Communications Act of 1934) any matter or thing the carriage or importation of which is herein made unlawful —

Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.

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18 USC Sec. 1463 (08/06/04) Mailing indecent matter on wrappers or envelopes

All matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, and all postal cards upon which, any delineations, epithets, terms, or language of an indecent, lewd, lascivious, or obscene character are written or printed or otherwise impressed or apparent, are nonmailable matter, and shall not be conveyed in the mails nor delivered from any post office nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postal Service shall prescribe.

Whoever knowingly deposits for mailing or delivery, anything declared by this section to be nonmailable matter, or knowingly takes the same from the mails for the purpose of circulating or disposing of or aiding in the circulation or disposition of the same, shall be fined under this title or imprisoned not more than five years, or both.

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18 USC Sec. 1464 (08/06/04) Broadcasting obscene language

Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.

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18 USC Sec. 1465 (08/06/04) Transportation of obscene matters for sale or distribution

Whoever knowingly transports or travels in, or uses a facility or means of, interstate or foreign commerce or an interactive computer service (as defined in section 230(e)(2) [1] of the Communications Act of 1934) in or affecting such commerce for the purpose of sale or distribution of any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, paper, letter, writing, print, silhouette, drawing, figure, image, cast, phonograph recording, electrical transcription or other article capable of producing sound or any other matter of indecent or immoral character, shall be fined under this title or imprisoned not more than five years, or both.

The transportation as aforesaid of two or more copies of any publication or two or more of any article of the character described above, or a combined total of five such publications and articles, shall create a presumption that such publications or articles are intended for sale or distribution, but such presumption shall be rebuttable.

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18 USC Sec. 1466 (01/22/02) Engaging in the business of selling or transferring obscene matter

• Whoever is engaged in the business of selling or transferring obscene matter, who knowingly receives or possesses with intent to distribute any obscene book, magazine, picture, paper, film, videotape, or phonograph or other audio recording, which has been shipped or transported in interstate or foreign commerce, shall be punished by imprisonment for not more than 5 years or by a fine under this title, or both.
• As used in this section, the term ''engaged in the business'' means that the person who sells or transfers or offers to sell or transfer obscene matter devotes time, attention, or labor to such activities, as a regular course of trade or business, with the objective of earning a profit, although it is not necessary that the person make a profit or that the selling or transferring or offering to sell or transfer such material be the person's sole or principal business or source of income. The offering for sale of or to transfer, at one time, two or more copies of any obscene publication, or two or more of any obscene article, or a combined total of five or more such publications and articles, shall create a rebuttable presumption that the person so offering them is ''engaged in the business'' as defined in this subsection

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18 USC Sec. 1470 (01/22/02) Transfer of obscene material to minors

Whoever, using the mail or any facility or means of interstate or foreign commerce, knowingly transfers obscene matter to another individual who has not attained the age of 16 years, knowing that such other individual has not attained the age of 16 years, or attempts to do so, shall be fined under this title, imprisoned not more than 10 years, or both.

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18 USC Sec. 1735 (08/06/04) Sexually oriented advertisements

• Whoever —
  1. willfully uses the mails for the mailing, carriage in the mails, or delivery of any sexually oriented advertisement in violation of section 3010 of title 39, or willfully violates any regulations of the Board of Governors issued under such section; or
  2. sells, leases, rents, lends, exchanges, or licenses the use of, or, except for the purpose expressly authorized by section 3010 of title 39, uses a mailing list maintained by the Board of Governors under such section;
• For the purposes of this section, the term “sexually oriented advertisement” shall have the same meaning as given it in section 3010 (d) of title 39.

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18 USC Sec. 1737 (08/06/04) Manufacturer of sexually related mail matter

• Whoever shall print, reproduce, or manufacture any sexually related mail matter, intending or knowing that such matter will be deposited for mailing or delivery by mail in violation of section 3008 or 3010 of title 39, or in violation of any regulation of the Postal Service issued under such section, shall be fined under this title or imprisoned not more than five years, or both, for the first offense, and shall be fined under this title or imprisoned not more than ten years, or both, for any second or subsequent offense.
• As used in this section, the term “sexually related mail matter” means any matter which is within the scope of section 3008 (a) or 3010 (d) of title 39.

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18 USC Sec. 2241 (01/22/02) Aggrivated Sexual Abuse (CHAPTER 109A)

• By Force or Threat. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly causes another person to engage in a sexual act -
  1. by using force against that other person; or
  2. by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
• By Other Means. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly -
  1. renders another person unconscious and thereby engages in a sexual act with that other person; or
  2. administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby -
     • substantially impairs the ability of that other person to appraise or control conduct; and
     • engages in a sexual act with that other person; or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both.
     • With Children. - Whoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.
     • State of Mind Proof Requirement. - In a prosecution under subsection (c) of this section, the Government need not prove that the defendant knew that the other person engaging in the sexual act had not attained the age of 12 years.

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18 USC Sec. 2242 (01/22/02) Sexual Abuse (CHAPTER 109A)

Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly -

1. causes another person to engage in a sexual act threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or
2. engages in a sexual act with another person if that other person is –
   • incapable of appraising the nature of the conduct; or
   • physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.

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18 USC Sec. 2243 (01/22/02) Sexual Abuse of a Minor or Ward (CHAPTER 109A)

• Of a Minor. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who -
  1. has attained the age of 12 years but has not attained the age of 16 years; and
  2. is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.
• Of a Ward. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who is -
  1. in official detention; and
  2. under the custodial, supervisory, or disciplinary authority of the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than one year, or both.
• Defenses. -
  1. In a prosecution under subsection (a) of this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the other person had attained the age of 16 years.
  2. In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other.
• State of Mind Proof Requirement. - In a prosecution under subsection (a) of this section, the Government need not prove that the defendant knew -
  1. the age of the other person engaging in the sexual act; or
  2. that the requisite age difference existed between the persons so engaging.

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18 USC Sec. 2244 (01/22/02) Abusive Sexual Contact (CHAPTER 109A)

• Sexual Conduct in Circumstances Where Sexual Acts Are Punished by This Chapter. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in or causes sexual contact with or by another person, if so to do would violate -
  1. section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than ten years, or both;
  2. section 2242 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than three years, or both;
  3. subsection (a) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than two years, or both; or
  4. subsection (b) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than six months, or both.
• In Other Circumstances. - Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in sexual contact with another person without that other person's permission shall be fined under this title, imprisoned not more than six months, or both.
• Offenses Involving Young Children. - If the sexual contact that violates this section is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section.

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18 USC Sec. 2245 (01/22/02) Sexual Abuse Resulting in Death (CHAPTER 109A)

A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

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18 USC Sec. 2246 (01/22/02) Definitions (CHAPTER 109A)

TITLE 18 - Crimes and Criminal Procedure
PART I - Crimes
CHAPTER 109A - Sexual Abuse

1. the term ''prison'' means a correctional, detention, or penal facility;
2. the term ''sexual act'' means -
   • contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
   • contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
   • the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
   • the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
3. the term ''sexual contact'' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
4. the term ''serious bodily injury'' means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
5. the term ''official detention'' means -
   • detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or
   • custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency; and
6. the term ''State'' means a State of the United States, the District of Columbia, and any commonwealth, possession, or territory of the United States.

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18 USC Sec. 2251 (01/22/02) Sexual Exploitation of Children (CHAPTER 110)

• Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (d), if such person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.
• Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct shall be punished as provided under subsection (d) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported in interstate or foreign commerce or mailed, if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported in interstate or foreign commerce or mailed.
•  
  1. Any person who, in a circumstance described in paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering –
     • to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or
     • participation in any act of sexually explicit conduct by or with any minor for the purpose of producing a visual depiction of such conduct; shall be punished as provided under subsection (d).
  2. The circumstance referred to in paragraph (1) is that –
     • such person knows or has reason to know that such notice or advertisement will be transported in interstate or foreign commerce by any means including by computer or mailed; or
     • such notice or advertisement is transported in interstate or foreign commerce by any means including by computer or mailed.
  3. Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title or imprisoned not less than 10 years nor more than 20 years, and (FOOTNOTE 1) both, but if such person has one prior conviction under this chapter, chapter 109A, or chapter 117, or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 30 years, but if such person has 2 or more prior convictions under this chapter, chapter 109A, or chapter 117, or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 30 years nor more than life. Any organization that violates, or attempts or conspires to violate, this section shall be fined under this title. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

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18 USC Sec. 2252 (01/22/02) Certain activities relating to material involving the sexual exploitation of minors (CHAPTER 110)

• 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 -
     • the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
     • 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 -
     • the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
     • such visual depiction is of such conduct;
  3. either -
     • 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
     • 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 -
       • the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
       • such visual depiction is of such conduct; or
  4. either -
     • 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 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or
     • knowingly possesses 1 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 -
       • the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
       • such visual depiction is of such conduct; shall be punished as provided in subsection (b) of this section.
     • 1. Whoever violates, or attempts or conspires to violate, paragraphs (FOOTNOTE 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, chapter 109A, or chapter 117, 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. (FOOTNOTE 1) So in original. Probably should be ''paragraph''.
       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, chapter 109A, or chapter 117, 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 2 years nor more than 10 years.
     • Affirmative Defense. - It shall be an affirmative defense toa charge of violating paragraph (4) of subsection (a) that the defendant -
       1. possessed less than three matters containing any visual depiction proscribed by that paragraph; and
       2. promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof -
          • took reasonable steps to destroy each such visual depiction; or
          • reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.

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18 USC Sec. 2253 (CHAPTER 110) (01/22/02) Criminal Forfeiture

• Property Subject to Criminal Forfeiture. - A person who is convicted of an offense under this chapter involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter, or who is convicted of an offense under section 2421, 2422, or 2423 of chapter 117, shall forfeit to the United States such person's interest in -
  1. any visual depiction described in section 2251, 2251A, or 2252 of this chapter, or any book, magazine, periodical, film, videotape, or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped or received in violation of this chapter;
  2. any property, real or personal, constituting or traceable to gross profits or other proceeds obtained from such offense; and
  3. any property, real or personal, used or intended to be used to commit or to promote the commission of such offense.
• Third Party Transfers. - All right, title, and interest in property described in subsection (a) of this section vests in the United States upon the commission of the act giving rise to forfeiture under this section. Any such property that is subsequently transferred to a person other than the defendant may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the United States, unless the transferee establishes in a hearing pursuant to subsection (m) of this section that he is a bona fide purchaser for value of such property who at the time of purchase was reasonably without cause to believe that the property was subject to forfeiture under this section.
• Protective Orders. - (1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section
  • upon the filing of an indictment or information charging a violation of this chapter for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section; or
  • prior to the filing of such an indictment or information, if, after notice to persons appearing to have an interest in the property and opportunity for a hearing, the court determines that
    1. there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court, or otherwise made unavailable for forfeiture; and
    2. the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered;
  1. except that an order entered pursuant to subparagraph (B) shall be effective for not more than 90 days, unless extended by the court for good cause shown or unless an indictment or information described in subparagraph (A) has been filed.
  2. A temporary restraining order under this subsection may be entered upon application of the United States without notice or opportunity for a hearing when an information or indictment has not yet been filed with respect to the property, if the United States demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under this section and that provision of notice will jeopardize the availability of the property for forfeiture. Such a temporary order shall expire not more than 10 days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this paragraph shall be held at the earliest possible time and prior to the expiration of the temporary order.
  3. The court may receive and consider, at a hearing held pursuant to this subsection, evidence and information that would be inadmissible under the Federal Rules of Evidence.
• Warrant of Seizure. - The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (c) of this section may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property.
• Order of Forfeiture. - The court shall order forfeiture of property referred to in subsection (a) if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture.
• Execution. - Upon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties.
• Disposition of Property. - Following the seizure of property ordered forfeited under this section, the Attorney General shall destroy or retain for official use any article described in paragraph (1) of subsection (a), and shall retain for official use or direct the disposition of any property described in paragraph (2) or (3) of subsection (a) by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him.
• Authority of Attorney General. - With respect to property ordered forfeited under this section, the Attorney General isauthorized to -
  1. grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section;
  2. compromise claims arising under this section;
  3. award compensation to persons providing information resulting in a forfeiture under this section;
  4. direct the disposition by the United States, under section 616 of the Tariff Act of 1930, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and
  5. take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition.
• Applicability of Civil Forfeiture Provisions. - Except to the extent that they are inconsistent with the provisions of this section, the provisions of section 2254(d) of this title (18 U.S.C. 2254(d)) shall apply to a criminal forfeiture under this section.
• Bar on Intervention. - Except as provided in subsection (m) of this section, no party claiming an interest in property subject to forfeiture under this section may -
  1. intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this section; or
  2. commence an action at law or equity against the United States concerning the validity of his alleged interest in the property subsequent to the filing of an indictment or information alleging that the property is subject to forfeiture under this section.
• Jurisdiction To Enter Orders. - The district courts of the United States shall have jurisdiction to enter orders as provided in this section without regard to the location of any property which may be subject to forfeiture under this section or which has been ordered forfeited under this section.
• Depositions. - In order to facilitate the identification and location of property declared forfeited and to facilitate the disposition of petitions for remission or mitigation of forfeiture, after the entry of an order declaring property forfeited to the United States, the court may, upon application of the United States, order that the testimony of any witness relating to the property forfeited be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place, in the same manner as provided for the taking of depositions under rule 15 of the Federal Rules of Criminal Procedure.
• Third Party Interests. -
  1. Following the entry of an order of forfeiture under this section, the United States shall publish notice of the order and of its intent to dispose of the property in such manner as the Attorney General may direct. The Government may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property that is the subject of the order of forfeiture as a substitute for published notice as to those persons so notified.
  2. Any person, other than the defendant, asserting a legal interest in property which has been ordered forfeited to the United States pursuant to this section may, within 30 days of the final publication of notice or his receipt of notice under paragraph (1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his alleged interest in the property. The hearing shall be held before the court alone, without a jury.
  3. The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title, or interest in the property, any additional facts supporting the petitioner's claim, and the relief sought.
  4. The hearing on the petition shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant under this subsection.
  5. At the hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The United States may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case which resulted in the order of forfeiture.
  6. If, after the hearing, the court determines that the petitioner has established by a preponderance of the evidence that
     • the petitioner has a legal right, title, or interest in the property, and such right, title, or interest renders the order of forfeiture invalid in whole or in part because the right, title, or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the property under this section; or
     • the petitioner is a bona fide purchaser for value of the right, title, or interest in the property and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination.
  7. Following the court's disposition of all petitions filed under this subsection, or if no such petitions are filed following the expiration of the period provided in paragraph (2) for the filing of such petitions, the United States shall have clear title to property that is the subject of the order of forfeiture and may warrant good title to any subsequent purchaser or transferee.
     • Construction. - This section shall be liberally construed to effectuate its remedial purposes.
     • Substitute Assets. - If any of the property described in subsection (a), as a result of any act or omission of the defendant
       1. cannot be located upon the exercise of due diligence;
       2. has been transferred or sold to, or deposited with, a third party;
       3. has been placed beyond the jurisdiction of the court;
       4. has been substantially diminished in value; or
       5. has been commingled with other property which cannot be divided without difficulty;
          the court shall order the forfeiture of any other property of the defendant up to the value of any property described in paragraphs (1) through (5).

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18 USC Sec. 2254 (01/22/02) Civil Forfeiture (CHAPTER 110)

• Property Subject to Civil Forfeiture. - The following property shall be subject to forfeiture by the United States:
  1. Any visual depiction described in section 2251, 2251A, or 2252 of this chapter, or any book, magazine, periodical, film, videotape or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, or received in violation of this chapter.
  2. Any property, real or personal, used or intended to be used to commit or to promote the commission of an offense under this chapter involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter, or used or intended to be used to commit or to promote the commission of an offense under section 2421, 2422, or 2423 of chapter 117,. (FOOTNOTE 1) (FOOTNOTE 1) So in original.
  3. ny property, real or personal, constituting or traceable to gross profits or other proceeds obtained from a violation of this chapter involving a visual depiction described in section 2251, 2251A, 2252, 2252A, or 2260 of this chapter, or obtained from a violation of section 2421, 2422, or 2423 of chapter 117,. (FOOTNOTE 1)
• eizure Pursuant to Supplemental Rules for Certain Admiralty and Maritime Claims. - Any property subject to forfeiture to the United States under this section may be seized by the Attorney General, the Secretary of the Treasury, or the United States Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by any district court of the United States having jurisdiction over the property, except that seizure without such process may be made when the seizure is pursuant to a search under a search warrant or incident to an arrest. The Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure.
• Custody of Federal Official. - Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the Attorney General, Secretary of the Treasury, or the United States Postal Service subject only to the orders and decrees of the court or the official having jurisdiction thereof. Whenever property is seized under any of the provisions of this subchapter, the Attorney General, Secretary of the Treasury, or the United States Postal Service may -
  1. place the property under seal;
  2. remove the property to a place designated by the official or agency; or
  3. require that the General Services Administration take custody of the property and remove it, if practicable, to an appropriate location for disposition in accordance with law.
• Other Laws and Proceedings Applicable. - All provisions of the customs laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with the provisions of this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, the Secretary of the Treasury, or the Postal Service, except to the extent that such duties arise from seizures and forfeitures affected by any customs officer.
• Inapplicability of Certain Sections. - Sections 1606, 1613, 1614, 1617, and 1618 of title 19, United States Code, shall not apply with respect to any visual depiction or any matter containing a visual depiction subject to forfeiture under subsection (a)(1) of this section.
• Disposition of Forfeited Property. - Whenever property is forfeited under this section the Attorney General shall destroy or retain for official use any property described in paragraph (1) of subsection (a) and, with respect to property described in paragraph (2) or (3) of subsection (a), may -
  1. retain the property for official use or transfer the custody or ownership of any forfeited property to a Federal, State, or local agency under section 616 of the Tariff Act of 1930;
  2. sell, by public sale or any other commercially feasible means, any forfeited property which is not required to be destroyed by law and which is not harmful to the public; or
  3. require that the General Services Administration take custody of the property and dispose of it in accordance with law. The Attorney General, Secretary of the Treasury, or the United States Postal Service shall ensure the equitable transfer pursuant to paragraph (1) of any forfeited property to the appropriate State or local law enforcement agency so as to reflect generally the contribution of any such agency participating directly in any of the acts which led to the seizure or forfeiture of such property. A decision by an official or agency pursuant to paragraph (1) shall not be subject to judicial review. With respect to a forfeiture conducted by the Attorney General, the Attorney General shall forward to the Treasurer of the United States for deposit in accordance with section 524(c) of title 28 the proceeds from any sale under paragraph (2) and any moneys forfeited under this section. With respect to a forfeiture conducted by the Postal Service, the proceeds from any sale under paragraph (2) and any moneys forfeited under this section shall be deposited in the Postal Service Fund as required by section 2003(b)(7) of title 39.
• Title to Property. - All right, title, and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section.
• Stay of Proceedings. - The filing of an indictment or information alleging a violation of this chapter which is also related to a civil forfeiture proceeding under this section shall, upon motion of the United States and for good cause shown, stay the civil forfeiture proceeding.
• Venue. - In addition to the venue provided for in section 1395 of title 28 or any other provision of law, in the case of property of a defendant charged with a violation that is the basis for forfeiture of the property under this section, a proceeding for forfeiture under this section may be brought in the judicial district in which the defendant owning such property is found or in the judicial district in which the criminal prosecution is brought.

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18 USC Sec. 2255 (01/22/02) Civil Remedy for Personal Injuries (CHAPTER 110)

• Any minor who is a victim of a violation of section 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor as described in the preceding sentence shall be deemed to have sustained damages of no less than $50,000 in value.
• Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.

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18 USC Sec. 2256 (01/22/02) Definitions (CHAPTER 110)

For the purposes of this chapter, the term -

1. "minor" means any person under the age of eighteen years;
2. "sexually explicit conduct" means actual or simulated -
   • sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
   • bestiality;
   • masturbation;
   • sadistic or masochistic abuse; or
   • lascivious exhibition of the genitals or pubic area of any person;
3. "producing" means producing, directing, manufacturing, issuing, publishing, or advertising;
4. "organization" means a person other than an individual;
5. "visual depiction" includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image;
6. "computer" has the meaning given that term in section 1030 of this title;
7. "custody or control" includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
8. "child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where -
   • the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
   • such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;
   • such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
   • such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct; and
9. "identifiable minor" -
   • means a person -
     1. (I) who was a minor at the time the visual depiction was created, adapted, or modified; or
     2. whose image as a minor was used in creating, adapting, or modifying the visual depiction; and
     3. who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and
   • shall not be construed to require proof of the actual identity of the identifiable minor.

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18 USC Sec. 2258 (01/22/02) Failure to report child abuse

A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be guilty of a Class B misdemeanor.
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18 USC Sec. 2260 (01/22/02) Production of sexually explicit depictions of a minor for importation into the United States

• Use of Minor. - A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c).
• Use of Visual Depiction. - A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c).
• Penalties. - A person who violates subsection (a) or (b), or conspires or attempts to do so -
  1. shall be fined under this title, imprisoned not more than 10 years, or both; and
  2. if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.

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18 USC Sec. 2421 (08/06/04) Transportation generally

Whoever knowingly transports any individual in interstate or foreign commerce, or in any Territory or Possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.

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18 USC Sec. 2422 (01/22/02) Coercion and Enticement

• Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
• Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.

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18 USC Sec. 2423 (01/22/02) Transportation of Minors

• Transportation With Intent To Engage in Criminal Sexual Activity. - A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both.
• Travel With Intent To Engage in Sexual Act With a Juvenile. - A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2246) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 15 years, or both.

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18 USC Sec. 3509 (01/22/02) Child Victims' and Child Witnesses' Rights (CHAPTER 223)

• Definitions. - For purposes of this section -
  1. the term "adult attendant" means an adult described in subsection (i) who accompanies a child throughout the judicial process for the purpose of providing emotional support;
  2. the term "child" means a person who is under the age of 18, who is or is alleged to be -
     • a victim of a crime of physical abuse, sexual abuse, or exploitation; or
     • a witness to a crime committed against another person;
     the term "child abuse" means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child;
  3. the term "physical injury" includes lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm;
  4. the term "mental injury" means harm to a child's psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition;
  5. the term "exploitation" means child pornography or child prostitution;
  6. the term "multidisciplinary child abuse team" means a professional unit composed of representatives from health, social service, law enforcement, and legal service agencies to coordinate the assistance needed to handle cases of child abuse;
  7. the term "sexual abuse" includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
  8. the term ''sexually explicit conduct'' means actual or simulated -
     • sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;
     • bestiality;
     • masturbation;
     • lascivious exhibition of the genitals or pubic area of a person or animal; or
     • sadistic or masochistic abuse;
  9. the term "sex crime" means an act of sexual abuse that is a criminal act;
  10. the term "negligent treatment" means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child; and
  11. the term "child abuse" does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty.
• Alternatives to Live In-Court Testimony. -
  1. Child's live testimony by 2-way closed circuit television.
     In a proceeding involving an alleged offense against a child, the attorney for the Government, the child's attorney, or a guardian ad litem appointed under subsection (h) may apply for an order that the child's testimony be taken in a room outside the courtroom and be televised by 2-way closed circuit television. The person seeking such an order shall apply for such an order at least 5 days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable.
     • The court may order that the testimony of the child be taken by closed-circuit television as provided in subparagraph (A) if the court finds that the child is unable to testify in open court in the presence of the defendant, for any of the following reasons:
       1. The child is unable to testify because of fear.
       2. There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying.
       3. The child suffers a mental or other infirmity.
       4. Conduct by defendant or defense counsel causes the child to be unable to continue testifying.
     • The court shall support a ruling on the child's inability to testify with findings on the record. In determining whether the impact on an individual child of one or more of the factors described in subparagraph (B) is so substantial as to justify an order under subparagraph (A), the court may question the minor in chambers, or at some other comfortable place other than the courtroom, on the record for a reasonable period of time with the child attendant, the prosecutor, the child's attorney, the guardian ad litem, and the defense counsel present.
     • If the court orders the taking of testimony by television, the attorney for the Government and the attorney for the defendant not including an attorney pro se for a party shall be present in a room outside the courtroom with the child and the child shall be subjected to direct and cross-examination. The only other persons who may be permitted in the room with the child during the child's testimony are -
       1. the child's attorney or guardian ad litem appointed under subsection (h);
       2. persons necessary to operate the closed-circuit television equipment;
       3. a judicial officer, appointed by the court; and
       4. other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child, including an adult attendant.
          The child's testimony shall be transmitted by closed circuit television into the courtroom for viewing and hearing by the defendant, jury, judge, and public. The defendant shall be provided with the means of private, contemporaneous communication with the defendant's attorney during the testimony. The closed circuit television transmission shall relay into the room in which the child is testifying the defendant's image, and the voice of the judge.
  2. Videotaped deposition of child. -
     • In a proceeding involving an alleged offense against a child, the attorney for the Government, the child's attorney, the child's parent or legal guardian, or the guardian ad litem appointed under subsection (h) may apply for an order that a deposition be taken of the child's testimony and that the deposition be recorded and preserved on videotape.
     • 1. Upon timely receipt of an application described in subparagraph (A), the court shall make a preliminary finding regarding whether at the time of trial the child is likely to be unable to testify in open court in the physical presence of the defendant, jury, judge, and public for any of the following reasons:
          1. The child will be unable to testify because of fear.
          2. There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying in open court.
          3. The child suffers a mental or other infirmity.
          4. Conduct by defendant or defense counsel causes the child to be unable to continue testifying.
       2. If the court finds that the child is likely to be unable to testify in open court for any of the reasons stated in clause (i), the court shall order that the child's deposition be taken and preserved by videotape.
       3. The trial judge shall preside at the videotape deposition of a child and shall rule on all questions as if at trial. The only other persons who may be permitted to be present at the proceeding are -
          1. the attorney for the Government;
          2. the attorney for the defendant;
          3. the child's attorney or guardian ad litem appointed under subsection (h);
          4. persons necessary to operate the videotape equipment;
          5. subject to clause (iv), the defendant; and
          6. other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child. The defendant shall be afforded the rights applicable to defendants during trial, including the right to an attorney, the right to be confronted with the witness against the defendant, and the right to cross-examine the child.
       4. If the preliminary finding of inability under clause (i) is based on evidence that the child is unable to testify in the physical presence of the defendant, the court may order that the defendant, including a defendant represented pro se, be excluded from the room in which the deposition is conducted. If the court orders that the defendant be excluded from the deposition room, the court shall order that 2-way closed circuit television equipment relay the defendant's image into the room in which the child is testifying, and the child's testimony into the room in which the defendant is viewing the proceeding, and that the defendant be provided with a means of private, contemporaneous communication with the defendant's attorney during the deposition.
       5. Handling of videotape. - The complete record of the examination of the child, including the image and voices of all persons who in any way participate in the examination, shall be made and preserved on video tape in addition to being stenographically recorded. The videotape shall be transmitted to the clerk of the court in which the action is pending and shall be made available for viewing to the prosecuting attorney, the defendant, and the defendant's attorney during ordinary business hours.
     • If at the time of trial the court finds that the child is unable to testify as for a reason described in subparagraph (B)(i), the court may admit into evidence the child's videotaped deposition in lieu of the child's testifying at the trial. The court shall support a ruling under this subparagraph with findings on the record.
     • Upon timely receipt of notice that new evidence has been discovered after the original videotaping and before or during trial, the court, for good cause shown, may order an additional videotaped deposition. The testimony of the child shall be restricted to the matters specified by the court as the basis for granting the order.
     • In connection with the taking of a videotaped deposition under this paragraph, the court may enter a protective order for the purpose of protecting the privacy of the child.
     • The videotape of a deposition taken under this paragraph shall be destroyed 5 years after the date on which the trial court entered its judgment, but not before a final judgment is entered on appeal including Supreme Court review. The videotape shall become part of the court record and be kept by the court until it is destroyed.
  3. Competency Examinations. -
     1. Effect of federal rules of evidence. - Nothing in this subsection shall be construed to abrogate rule 601 of the Federal Rules of Evidence.
     2. Presumption. - A child is presumed to be competent.
     3. Requirement of written motion. - A competency examination regarding a child witness may be conducted by the court only upon written motion and offer of proof of incompetency by a party.
     4. Requirement of compelling reasons. - A competency examination regarding a child may be conducted only if the court determines, on the record, that compelling reasons exist. A child's age alone is not a compelling reason.
     5. Persons permitted to be present. - The only persons who may be permitted to be present at a competency examination are -
        • the judge;
        • the attorney for the Government;
        • the attorney for the defendant;
        • a court reporter; and
        • persons whose presence, in the opinion of the court, is necessary to the welfare and well-being of the child, including the child's attorney, guardian ad litem, or adult attendant.
     6. Not before jury. - A competency examination regarding a child witness shall be conducted out of the sight and hearing of a jury.
     7. Direct examination of child. - Examination of a child related to competency shall normally be conducted by the court on the basis of questions submitted by the attorney for the Government and the attorney for the defendant including a party acting as an attorney pro se. The court may permit an attorney but not a party acting as an attorney pro se to examine a child directly on competency if the court is satisfied that the child will not suffer emotional trauma as a result of the examination.
     8. Appropriate questions. - The questions asked at the competency examination of a child shall be appropriate to the age and developmental level of the child, shall not be related to the issues at trial, and shall focus on determining the child's ability to understand and answer simple questions.
     9. Psychological and psychiatric examinations. - Psychological and psychiatric examinations to assess the competency of a child witness shall not be ordered without a showing of compelling need.
  4. Privacy Protection. -
     1. Confidentiality of information. - (A) A person acting in a capacity described in subparagraph (B) in connection with a criminal proceeding shall -
        1. keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their contents has access; and
        2. disclose documents described in clause (i) or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information.
           (B) Subparagraph (A) applies to -
           1. all employees of the Government connected with the case, including employees of the Department of Justice, any law enforcement agency involved in the case, and any person hired by the Government to provide assistance in the proceeding;
           2. employees of the court;
           3. the defendant and employees of the defendant, including the attorney for the defendant and persons hired by the defendant or the attorney for the defendant to provide assistance in the proceeding; and
           4. members of the jury.
     2. Filing under seal. - All papers to be filed in court that disclose the name of or any other information concerning a child shall be filed under seal without necessity of obtaining a court order. The person who makes the filing shall submit to the clerk of the court -
        • the complete paper to be kept under seal; and
        • the paper with the portions of it that disclose the name of or other information concerning a child redacted, to be placed in the public record.
     3. Protective orders. -
        • On motion by any person the court may issue an order protecting a child from public disclosure of the name of or any other information concerning the child in the course of the proceedings, if the court determines that there is a significant possibility that such disclosure would be detrimental to the child.
        • A protective order issued under subparagraph (A) may -
          1. provide that the testimony of a child witness, and the testimony of any other witness, when the attorney who calls the witness has reason to anticipate that the name of or any other information concerning a child may be divulged in the testimony, be taken in a closed courtroom; and
          2. provide for any other measures that may be necessary to protect the privacy of the child.
     4. Disclosure of information. - This subsection does not prohibit disclosure of the name of or other information concerning a child to the defendant, the attorney for the defendant, a multidisciplinary child abuse team, a guardian ad litem, or an adult attendant, or to anyone to whom, in the opinion of the court, disclosure is necessary to the welfare and well-being of the child.
  5. Closing the Courtroom. - When a child testifies the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines on the record that requiring the child to testify in open court would cause substantial psychological harm to the child or would result in the child's inability to effectively communicate. Such an order shall be narrowly tailored to serve the Government's specific compelling interest.
  6. Victim Impact Statement. - In preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team and other appropriate sources to determine the impact of the offense on the child victim and any other children who may have been affected. A guardian ad litem appointed under subsection (h) shall make every effort to obtain and report information that accurately expresses the child's and the family's views concerning the child's victimization. A guardian ad litem shall use forms that permit the child to express the child's views concerning the personal consequences of the child's victimization, at a level and in a form of communication commensurate with the child's age and ability.
  7. Use of Multidisciplinary Child Abuse Teams. -
     1. In general. - A multidisciplinary child abuse team shall be used when it is feasible to do so. The court shall work with State and local governments that have established multidisciplinary child abuse teams designed to assist child victims and child witnesses, and the court and the attorney for the Government shall consult with the multidisciplinary child abuse team as appropriate.
     2. Role of multidisciplinary child abuse teams. - The role of the multidisciplinary child abuse team shall be to provide for a child services that the members of the team in their professional roles are capable of providing, including -
        • medical diagnoses and evaluation services, including provision or interpretation of x-rays, laboratory tests, and related services, as needed, and documentation of findings;
        • telephone consultation services in emergencies and in other situations;
        • medical evaluations related to abuse or neglect;
        • psychological and psychiatric diagnoses and evaluation services for the child, parent or parents, guardian or guardians, or other caregivers, or any other individual involved in a child victim or child witness case;
        • expert medical, psychological, and related professional testimony;
        • case service coordination and assistance, including the location of services available from public and private agencies in the community; and
        • training services for judges, litigators, court officers and others that are involved in child victim and child witness cases, in handling child victims and child witnesses.
        • Guardian Ad Litem. -
          1. In general. - The court may appoint a guardian ad litem for a child who was a victim of, or a witness to, a crime involving abuse or exploitation to protect the best interests of the child. In making the appointment, the court shall consider a prospective guardian's background in, and familiarity with, the judicial process, social service programs, and child abuse issues. The guardian ad litem shall not be a person who is or may be a witness in a proceeding involving the child for whom the guardian is appointed.
          2. Duties of guardian ad litem. - A guardian ad litem may attend all the depositions, hearings, and trial proceedings in which a child participates, and make recommendations to the court concerning the welfare of the child. The guardian ad litem may have access to all reports, evaluations and records, except attorney's work product, necessary to effectively advocate for the child. (The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives.) A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child. A guardian ad litem shall not be compelled to testify in any court action or proceeding concerning any information or opinion received from the child in the course of serving as a guardian ad litem.
          3. Immunities. - A guardian ad litem shall be presumed to be acting in good faith and shall be immune from civil and criminal liability for complying with the guardian's lawful duties described in paragraph (2).
        • Adult Attendant. - A child testifying at or attending a judicial proceeding shall have the right to be accompanied by an adult attendant to provide emotional support to the child. The court, at its discretion, may allow the adult attendant to remain in close physical proximity to or in contact with the child while the child testifies. The court may allow the adult attendant to hold the child's hand or allow the child to sit on the adult attendant's lap throughout the course of the proceeding. An adult attendant shall not provide the child with an answer to any question directed to the child during the course of the child's testimony or otherwise prompt the child. The image of the child attendant, for the time the child is testifying or being deposed, shall be recorded on videotape.
        • Speedy Trial. - In a proceeding in which a child is called to give testimony, on motion by the attorney for the Government or a guardian ad litem, or on its own motion, the court may designate the case as being of special public importance. In cases so designated, the court shall, consistent with these rules, expedite the proceeding and ensure that it takes precedence over any other. The court shall ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement with the criminal process. When deciding whether to grant a continuance, the court shall take into consideration the age of the child and the potential adverse impact the delay may have on the child's well-being. The court shall make written findings of fact and conclusions of law when granting a continuance in cases involving a child.
        • Stay of Civil Action. - If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court.
        • Testimonial Aids. - The court may permit a child to use anatomical dolls, puppets, drawings, mannequins, or any other demonstrative device the court deems appropriate for the purpose of assisting a child in testifying.

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18 USC Sec. 13032 (01/22/02) Reporting of child pornography by electronic communication service providers

• Definitions
  In this section -
  1. the term ''electronic communication service'' has the meaning given the term in section 2510 of title 18; and
  2. the term ''remote computing service'' has the meaning given the term in section 2711 of title 18.
• Requirements
  1. Duty to report Whoever, while engaged in providing an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of section 2251, 2251A, 2252, 2252A, or 2260 of title 18, involving child pornography (as defined in section 2256 of that title), is apparent, shall, as soon as reasonably possible, make a report of such facts or circumstances to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report to a law enforcement agency or agencies designated by the Attorney General.
  2. Designation of agencies Not later than 180 days after October 30, 1998, the Attorney General shall designate the law enforcement agency or agencies to which a report shall be forwarded under paragraph (1).
  3. Failure to report A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined -
     • in the case of an initial failure to make a report, not more than $50,000; and
     • in the case of any second or subsequent failure to make a report, not more than $100,000.
• Civil liability
  No provider or user of an electronic communication service or a remote computing service to the public shall be held liable on account of any action taken in good faith to comply with this section.
• Limitation of information or material required in report A report under subsection (b)(1) of this section may include additional information or material developed by an electronic communication service or remote computing service, except that the Federal Government may not require the production of such information or material in that report.
• Monitoring not required
  Nothing in this section may be construed to require a provider of electronic communication services or remote computing services to engage in the monitoring of any user, subscriber, or customer of that provider, or the content of any communication of any such person.
• Conditions of disclosure of information contained within report
  1. In general
     No law enforcement agency that receives a report under subsection (b)(1) of this section shall disclose any information contained in that report, except that disclosure of such information may be made -
     • to an attorney for the government for use in the performance of the official duties of the attorney;
     • to such officers and employees of the law enforcement agency, as may be necessary in the performance of their investigative and recordkeeping functions;
     • to such other government personnel (including personnel of a State or subdivision of a State) as are determined to be necessary by an attorney for the government to assist the attorney in the performance of the official duties of the attorney in enforcing Federal criminal law; or
     • as permitted by a court at the request of an attorney for the government, upon a showing that such information may disclose a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law.
  2. Definitions
     In this subsection, the terms ''attorney for the government'' and ''State'' have the meanings given those terms in Rule 54 of the Federal Rules of Criminal Procedure.

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42 USC Sec. 13713 (01/22/02) Aimee's Law

• DEFINITIONS.--In this section:
  1. DANGEROUS SEXUAL OFFENSE.--The term ''dangerous sexual offense'' means any offense under State law for conduct that would constitute an offense under chapter 109A of title 18, United States Code, had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison.
  2. MURDER.--The term ''murder'' has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
  3. RAPE.--The term ''rape'' has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
• PENALTY.--
  1. SINGLE STATE.--In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense.
  2. MULTIPLE STATES.--In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense.
  3. STATE DESCRIBED.--A State is described in this paragraph if--
     • the average term of imprisonment imposed by the State on individuals convicted of the offense for which the individual described in paragraph (1) or (2), as applicable, was convicted by the State is less than the average term of imprisonment imposed for that offense in all States; or
     • with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense.
       
       For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.
• STATE APPLICATIONS.--In order to receive an amount transferred under subsection (c), the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State.
• SOURCE OF FUNDS.--
  1. IN GENERAL.--Any amount transferred under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. The Attorney General shall provide the State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds).
  2. PAYMENT SCHEDULE.--The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule.
• CONSTRUCTION.--Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution.
• EXCEPTION.--This section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) and subsequently been convicted for an offense described in subsection (c).
• REPORT.--The Attorney General shall--
  1. conduct a study evaluating the implementation of this section; and
  2. not later than October 1, 2006, submit to Congress a report on the results of that study.
• COLLECTION OF RECIDIVISM DATA.--
  1. IN GENERAL.--Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State--
     • the number of convictions during that calendar year for--
       1. any dangerous sexual offense;
       2. rape; and
       3. murder; and
     • the number of convictions described in subparagraph (A) subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph. described in that subparagraph.
  2. REPORT.--Not later than March 1, 2003, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include--
     • the information collected under paragraph (1) with respect to each State during the preceding calendar year;
       and
     • the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State

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42 USC Sec. 14071 (01/02/01) Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program Act 1994

• In general
  1. State guidelines
     The Attorney General shall establish guidelines for State programs that require -
     • a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense to register a current address for the time period specified in subparagraph (A) of subsection (b)(6) of this section; and
     • a person who is a sexually violent predator to register a current address unless such requirement is terminated under subparagraph (B) of subsection (b)(6) of this section.
  2. Determination of sexually violent predator status; waiver; alternative measures
     • In general
       A determination of whether a person is a sexually violent predator for purposes of this section shall be made by a court after considering the recommendation of a board composed of experts in the behavior and treatment of sex offenders, victims' rights advocates, and representatives of law enforcement agencies.
     • Waiver
       The Attorney General may waive the requirements of subparagraph (A) if the Attorney General determines that the State has established alternative procedures or legal standards for designating a person as a sexually violent predator.
     • Alternative measures
       The Attorney General may also approve alternative measures of comparable or greater effectiveness in protecting the public from unusually dangerous or recidivistic sexual offenders in lieu of the specific measures set forth in this section regarding sexually violent predators.
  3. Definitions
     For purposes of this section:
     
     • The term ''criminal offense against a victim who is a minor'' means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the following range of offenses:
       1. kidnapping of a minor, except by a parent;
       2. false imprisonment of a minor, except by a parent;
       3. criminal sexual conduct toward a minor;
       4. solicitation of a minor to engage in sexual conduct;
       5. use of a minor in a sexual performance;
       6. solicitation of a minor to practice prostitution;
       7. any conduct that by its nature is a sexual offense against a minor; or
       8. an attempt to commit an offense described in any of clauses (1) through (7), if the State -
          1. makes such an attempt a criminal offense; and
          2. chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section.
       The term ''sexually violent offense'' means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the range of offenses encompassed by aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18 or as described in the State criminal code) or an offense that has as its elements engaging in physical contact with another person with intent to commit aggravated sexual abuse or sexual abuse (as described in such sections of title 18 or as described in the State criminal code).
     • The term ''sexually violent predator'' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
     • The term ''mental abnormality'' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
     • The term ''predatory'' means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization.
     • The term ''employed, carries on a vocation'' includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
     • The term ''student'' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education.
• Registration requirement upon release, parole, supervised release, or probation
  An approved State registration program established under this section shall contain the following elements:
  1. Duties of responsible officials
     • If a person who is required to register under this section is released from prison, or placed on parole, supervised release, or probation, a State prison officer, the court, or another responsible officer or official, shall -
       1. inform the person of the duty to register and obtain the information required for such registration;
       2. inform the person that if the person changes residence address, the person shall report the change of address as provided by State law;
       3. inform the person that if the person changes residence to another State, the person shall report the change of address as provided by State law and comply with any registration requirement in the new State of residence, and inform the person that the person must also register in a State where the person is employed, carries on a vocation, or is a student;
       4. obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and
       5. require the person to read and sign a form stating that the duty of the person to register under this section has been explained.
     • In addition to the requirements of subparagraph (A), for a person required to register under subparagraph (B) of subsection (a)(1) of this section, the State prison officer, the court, or another responsible officer or official, as the case may be, shall obtain the name of the person, identifying factors, anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person.
  2. Transfer of information to State and FBI; participation in national sex offender registry
     • State reporting
       State procedures shall ensure that the registration information is promptly made available to a law enforcement agency having jurisdiction where the person expects to reside and entered into the appropriate State records or data system. State procedures shall also ensure that conviction data and fingerprints for persons required to register are promptly transmitted to the Federal Bureau of Investigation.
     • National reporting
       A State shall participate in the national database established under section 14072(b) of this title in accordance with guidelines issued by the Attorney General, including transmission of current address information and other information on registrants to the extent provided by the guidelines.
  3. Verification
     • For a person required to register under subparagraph (A) of subsection (a)(1) of this section, State procedures shall provide for verification of address at least annually.
     • The provisions of subparagraph (A) shall be applied to a person required to register under subparagraph (B) of subsection (a)(1) of this section, except that such person must verify the registration every 90 days after the date of the initial release or commencement of parole.
  4. Notification of local law enforcement agencies of changes in address
     A change of address by a person required to register under this section shall be reported by the person in the manner provided by State law. State procedures shall ensure that the updated address information is promptly made available to a law enforcement agency having jurisdiction where the person will reside and entered into the appropriate State records or data system.
  5. Registration for change of address to another State
     A person who has been convicted of an offense which requires registration under this section and who moves to another State, shall report the change of address to the responsible agency in the State the person is leaving, and shall comply with any registration requirement in the new State of residence. The procedures of the State the person is leaving shall ensure that notice is provided promptly to an agency responsible for registration in the new State, if that State requires registration.
  6. Length of registration
     A person required to register under subsection (a)(1) of this section shall continue to comply with this section, except during ensuing periods of incarceration, until -
     • 10 years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or
     • for the life of that person if that person -
       1. has 1 or more prior convictions for an offense described in subsection (a)(1)(A) of this section; or
       2. has been convicted of an aggravated offense described in subsection (a)(1)(A) of this section; or
       3. has been determined to be a sexually violent predator pursuant to subsection (a)(2) of this section.
  7. Registration of out-of-State offenders, Federal offenders, persons sentenced by courts martial, and offenders crossing State borders
     As provided in guidelines issued by the Attorney General, each State shall include in its registration program residents who were convicted in another State and shall ensure that procedures are in place to accept registration information from -
     • residents who were convicted in another State, convicted of a Federal offense, or sentenced by a court martial; and
     • nonresident offenders who have crossed into another State in order to work or attend school.
     • Registration of offender crossing State border
       Any person who is required under this section to register in the State in which such person resides shall also register in any State in which the person is employed, carries on a vocation, or is a student.
     • Penalty
       A person required to register under a State program established pursuant to this section who knowingly fails to so register and keep such registration current shall be subject to criminal penalties in any State in which the person has so failed.
     • Release of information
       1. The information collected under a State registration program may be disclosed for any purpose permitted under the laws of the State.
       2. The State or any agency authorized by the State shall release relevant information that is necessary to protect the public concerning a specific person required to register under this section, except that the identity of a victim of an offense that requires registration under this section shall not be released.
     • Immunity for good faith conduct
       Law enforcement agencies, employees of law enforcement agencies and independent contractors acting at the direction of such agencies, and State officials shall be immune from liability for good faith conduct under this section.
     • Compliance
       
       1. Compliance date
          Each State shall have not more than 3 years from September 13, 1994, in which to implement this section, except that the Attorney General may grant an additional 2 years to a State that is making good faith efforts to implement this section.
       2. Ineligibility for funds
          
          • A State that fails to implement the program as described in this section shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 3756 of this title.
          • Reallocation of funds. - Any funds that are not allocated for failure to comply with this section shall be reallocated to States that comply with this section.
     • Fingerprints
       Each requirement to register under this section shall be deemed to also require the submission of a set of fingerprints of the person required to register, obtained in accordance with regulations prescribed by the Attorney General under section 14072(h) of this title.
     • Grants to States for costs of compliance
       1. Program authorized
          • In general
            The Director of the Bureau of Justice Assistance (in this subsection referred to as the "Director") shall carry out aprogram, which shall be known as the ''Sex Offender Management Assistance Program'' (in this subsection referred to as the "SOMA program"), under which the Director shall award a grant to each eligible State to offset costs directly associated with complying with this section.
          • Uses of funds
            Each grant awarded under this subsection shall be -
            1. distributed directly to the State for distribution to State and local entities; and
            2. used for training, salaries, equipment, materials, and other costs directly associated with complying with this section.
       2. Eligibility
          • Application
            To be eligible to receive a grant under this subsection, the chief executive of a State shall, on an annual basis, submit to the Director an application (in such form and containing such information as the Director may reasonably require) assuring that -
            1. the State complies with (or made a good faith effort to comply with) this section; and
            2. where applicable, the State has penalties comparable to or greater than Federal penalties for crimes listed in this section, except that the Director may waive the requirement of this clause if a State demonstrates an overriding need for assistance under this subsection.
          • Regulations
            1. In general
               Not later than 90 days after October 30, 1998, the Director shall promulgate regulations to implement this subsection (including the information that must be included and the requirements that the States must meet) in submitting the applications required under this subsection. In allocating funds under this subsection, the Director may consider the annual number of sex offenders registered in each eligible State's monitoring and notification programs.
            2. Certain training programs
               Prior to implementing this subsection, the Director shall study the feasibility of incorporating into the SOMA program the activities of any technical assistance or training program established as a result of section 13941 of this title. In a case in which incorporating such activities into the SOMA program will eliminate duplication of efforts or administrative costs, the Director shall take administrative actions, as allowable, and make recommendations to Congress to incorporate such activities into the SOMA program prior to implementing the SOMA program.
       3. Authorization of appropriations
          There is authorized to be appropriated to carry out this subsection, $25,000,000 for each of fiscal years 1999 and 2000.
     • Notice of enrollment at or employment by institutions of higher education
       1. Notice by offenders
          • In general
            In addition to any other requirements of this section, any person who is required to register in a State shall provide notice as required under State law -
            1. of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student; and
            2. of each change in enrollment or employment status of such person at an institution of higher education in that State.
          • Change in status
            A change in status under subparagraph (A)(ii) shall be reported by the person in the manner provided by State law. State procedures shall ensure that the updated information is promptly made available to a law enforcement agency having jurisdiction where such institution is located and entered into the appropriate State records or data system.
       2. State reporting
          State procedures shall ensure that the registration information collected under paragraph (1) -
          • is promptly made available to a law enforcement agency having jurisdiction where such institution is located; and
          • entered into the appropriate State records or data system.
       3. Request
          Nothing in this subsection shall require an educational institution to request such information from any State.

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42 USC Sec. 14072 (01/02/01) FBI Database

• Definitions
  For purposes of this section -
  1. the term ''FBI'' means the Federal Bureau of Investigation;
  2. the terms ''criminal offense against a victim who is a minor'', ''sexually violent offense'', ''sexually violent predator'', ''mental abnormality'', ''predatory'', ''employed, carries on a vocation'', and ''student'' have the same meanings as in section 14071(a)(3) of this title; and
  3. the term ''minimally sufficient sexual offender registration program'' means any State sexual offender registration program that -
     • requires the registration of each offender who is convicted of an offense in a range of offenses specified by State law which is comparable to or exceeds that described in subparagraph (A) or (B) of section 14071(a)(1) of this title;
     • participates in the national database established under subsection (b) of this section in conformity with guidelines issued by the Attorney General;
     • provides for verification of address at least annually;
     • requires that each person who is required to register under subparagraph (A) shall do so for a period of not less than 10 years beginning on the date that such person was released from prison or placed on parole, supervised release, or probation.
• Establishment
  The Attorney General shall establish a national database at the Federal Bureau of Investigation to track the whereabouts and movement of -
  1. each person who has been convicted of a criminal offense against a victim who is a minor;
  2. each person who has been convicted of a sexually violent offense; and
  3. each person who is a sexually violent predator.
• Registration requirement
  Each person described in subsection (b) of this section who resides in a State that has not established a minimally sufficient sexual offender registration program shall register a current address, fingerprints of that person, and a current photograph of that person with the FBI for inclusion in the database established under subsection (b) of this section for the time period specified under subsection (d) of this section.
• Length of registration
  A person described in subsection (b) of this section who is required to register under subsection (c) of this section shall, except during ensuing periods of incarceration, continue to comply with this section -
  1. until 10 years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or
  2. for the life of the person, if that person -
  • has 2 or more convictions for an offense described in subsection (b) of this section;
  • has been convicted of aggravated sexual abuse, as defined in section 2241 of title 18 or in a comparable provision of State law; or
  • has been determined to be a sexually violent predator.
• Verification
  1. Persons convicted of an offense against a minor or a sexually violent offense In the case of a person required to register under subsection (c) of this section, the FBI shall, during the period in which the person is required to register under subsection (d) of this section, verify the person's address in accordance with guidelines that shall be promulgated by the Attorney General. Such guidelines shall ensure that address verification is accomplished with respect to these individuals and shall require the submission of fingerprints and photographs of the individual.
  2. Sexually violent predators
     Paragraph (1) shall apply to a person described in subsection (b)(3) of this section, except that such person must verify the registration once every 90 days after the date of the initial release or commencement of parole of that person.
• Community notification
  1. In general
     Subject to paragraph (2), the FBI may release relevant information concerning a person required to register under subsection (c) of this section that is necessary to protect the public.
  2. Identity of victim
     In no case shall the FBI release the identity of any victim of an offense that requires registration by the offender with the FBI.
• Notification of FBI of changes in residence
  1. Establishment of new residence
     For purposes of this section, a person shall be deemed to have established a new residence during any period in which that person resides for not less than 10 days.
  2. Persons required to register with the FBI
     Each establishment of a new residence, including the initial establishment of a residence immediately following release from prison, or placement on parole, supervised release, or probation, by a person required to register under subsection (c) of this section shall be reported to the FBI not later than 10 days after that person establishes a new residence.
  3. Individual registration requirement
     A person required to register under subsection (c) of this section or under a State sexual offender offender (FOOTNOTE 2) registration program, including a program established under section 14071 of this title, who changes address to a State other than the State in which the person resided at the time of the immediately preceding registration shall, not later than 10 days after that person establishes a new residence, register a current address, fingerprints, and photograph of that person, for inclusion in the appropriate database, with - (FOOTNOTE 2) So in original.
     
     1. the FBI; and
     2. the State in which the new residence is established.
  4. State registration requirement
     Any time any State agency in a State with a minimally sufficient sexual offender registration program, including a program established under section 14071 of this title, is notified of a change of address by a person required to register under such program within or outside of such State, the State shall notify -
     • the law enforcement officials of the jurisdiction to which, and the jurisdiction from which, the person has relocated; and
     • the FBI.
  5. Verification
     • Notification of local law enforcement officials
       The FBI shall ensure that State and local law enforcement officials of the jurisdiction from which, and the State and local law enforcement officials of the jurisdiction to which, a person required to register under subsection (c) of this section relocates are notified of the new residence of such person.
     • Notification of FBI
       A State agency receiving notification under this subsection shall notify the FBI of the new residence of the offender.
     • Verification
       
       1. State agencies
          If a State agency cannot verify the address of or locate a person required to register with a minimally sufficient sexual offender registration program, including a program established unde section 14071 of this title, the State shall immediately notify the FBI.
       2. FBI
          If the FBI cannot verify the address of or locate a person required to register under subsection (c) of this section or if the FBI receives notification from a State under clause (1), the FBI shall -
          1. classify the person as being in violation of the registration requirements of the national database; and
          2. add the name of the person to the National Crime Information Center Wanted person file and create a wanted persons record: Provided, That an arrest warrant which meets the requirements for entry into the file is issued in connection with the violation.
• Fingerprints
  
  1. FBI registration
     For each person required to register under subsection (c) of this section, fingerprints shall be obtained and verified by the FBI or a local law enforcement official pursuant to regulations issued by the Attorney General.
  2. State registration systems
     In a State that has a minimally sufficient sexual offender registration program, including a program established under section 14071 of this title, fingerprints required to be registered with the FBI under this section shall be obtained and verified in accordance with State requirements. The State agency responsible for registration shall ensure that the fingerprints and all other information required to be registered is registered with the FBI.
• Penalty
  A person who is -
  1. required to register under paragraph (1), (2), or (3) of subsection (g) of this section and knowingly fails to comply with this section;
  2. required to register under a sexual offender registration program in the person's State of residence and knowingly fails to register in any other State in which the person is employed, carries on a vocation, or is a student;
  3. described in section 4042(c)(4) of title 18, and knowingly fails to register in any State in which the person resides, is employed, carries on a vocation, or is a student following release from prison or sentencing to probation; or
  4. sentenced by a court martial for conduct in a category specified by the Secretary of Defense under section 115(a)(8)(C) of title I of Public Law 105-119, and knowingly fails to register in any State in which the person resides, is employed, carries on a vocation, or is a student following release from prison or sentencing to probation, shall, in the case of a first offense under this subsection, be imprisoned for not more than 1 year and, in the case of a second or subsequent offense under this subsection, be imprisoned for not more than 10 years.
• Release of information
  The information collected by the FBI under this section shall be disclosed by the FBI -
  1. to Federal, State, and local criminal justice agencies for
     • law enforcement purposes; and
     • community notification in accordance with section 14071(d)(3) (FOOTNOTE 3) of this title; and (FOOTNOTE 3) See References in Text note below.
  2. to Federal, State, and local governmental agencies responsible for conducting employment-related background checks under section 5119a of this title.
• Notification upon release
  Any State not having established a program described in subsection (a)(3) of this section must -
  1. upon release from prison, or placement on parole, supervised release, or probation, notify each offender who is convicted of an offense described in subparagraph (A) or (B) of section 14071(a)(1) of this title of their duty to register with the FBI; and
  2. notify the FBI of the release of each offender who is convicted of an offense described in subparagraph (A) or (B) of section 14071(a)(1) of this title.

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18 USC Sec. 14073 (01/22/02) Immunity for Good Faith Conduct

State and Federal law enforcement agencies, employees of State and Federal law enforcement agencies, and State and Federal officials shall be immune from liability for good faith conduct under section 14072 (FOOTNOTE 1) of this title.
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