18 U.S. Code § 2251 - Sexual Exploitation of Children
Federal law enforcement agencies commit vast resources to investigate sex crimes against children. Under federal law, sexual exploitation of children is a separate offense that also makes the production of child pornography a crime.
Simply put, you could be found guilty of 18 U.S.C. 2251 sexual exploitation if you attempt to induce, entice, or persuade a minor under 18 to engage in a sexual act for the purposes of making a video, picture or other images.
Federal agents work closely with federal prosecutors to indict suspected perpetrators of 18 U.S.C. 2251 sexual exploitation of children and 18 U.S.C. 2252 certain activities relating to material involving the sexual exploitation of minors (child pornography).
Notably, you can still face federal prosecution for sexual exploitation of children if the illegal activity occurred outside of the United States. However, the prosecutor must prove beyond a reasonable doubt that you intended to send or make available child porn material to anyone in the United States.
Federal laws strictly prohibit employing or using children to produce sexually explicit materials or distribute materials showing minors engaging in sexually explicit acts and producing such obscene material.
For example, If you are convicted, the mandatory minimum sentence is 15 years, and the maximum sentence is 30 years. There are also sentence enhancements if you have engaged in a pattern of similar conduct, even if you have never previously been charged or convicted of a sexual-related crime.
The sentence will typically depend on how many images or videos you possess or distribute, the exact age of the minors, and the specific type of sexual conduct shown in the images.
The primary purpose of this federal law is to prohibit the production of child porn. Still, it must fall under federal jurisdiction, such as crossing state lines and international borders, using the Internet (online), or using the U.S. mail system.
What Does Federal Law Say?
18 U.S. Code 2251 sexual exploitation of children law says,
“(a) 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 or affecting 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 or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
(b) 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 or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
(c) (1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) The person intends such visual depiction to be transported to the United States, its territories or possessions, by any means, including by using any means or facility of interstate or foreign commerce or mail, or
(B) The person transports such visual depiction to the United States, its territories or possessions by any means, including using any means or facility of interstate or foreign commerce or mail.
(d) (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—
(A) 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
(B) 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 (e).
(2) The circumstance referred to in paragraph (1) is that—
(A) Such person knows or has reason to know that such notice or advertisement will be transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer or mail, or
(B) Such notice or advertisement is transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer or mail.
(e) Any individual who violates, or attempts or conspires to violate, this section shall be fined under this title and imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, abusive sexual contact involving a minor or ward, or sex trafficking of children, 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 25 years nor more than 50 years.
But, if such a person has two or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. Any organization that violates, 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 not less than 30 years or for life.”
What is the Sexual Exploitation?
In simple terms, child sexual exploitation is described as involving a minor under 18 in a sexual act for commercial gain, such as child porn, sex trafficking, sextortion, live streaming of child sexual abuse, and child sex tourism. Some examples of sexual exploitation of children include the following:
- Using, employing, inducing, forcing, or encouraging a minor to engage in sexual acts to create a visual representation.
- Sexual activity of minors (child porn) or transmit a live performance.
- Distributing, displaying, receiving, selling, buying, exchanging, or soliciting material containing visual depictions of a child performing sexual acts.
- Parents or legal guardians allowing a child in their custody to engage in sexual activity for the purposes of producing child porn (18 U.S.C. 2251(b)).
- Transport a minor across state lines to engage in producing child porn.
- Record, photograph, film, or develop material depicting sexual activity involving a minor for financial gain.
- Knowingly prints or publishes any notice or advertisement seeking or offering child porn defined (18 U.S.C. 2251(d)).
- Possess a visual representation of a minor child participating in sex acts and knowing the content and character of the material.
- A foreign national produces child porn and then distributes the images or videos via the internet to people who live in the United States (18 U.S.C. 2251(c)).
What Are Related Federal Statutes?
18 U.S. Code Chapter 110, Sexual Exploitation and Other Abuse of Children, has numerous federal laws related to 18 U.S.C. 2252 sexual exploitation of children, such as the following:
- 18 U.S.C. 2251A - Selling or buying of children.
- 18 U.S.C. 2252 - Certain activities relating to material involving the sexual exploitation of minors.
- 18 U.S.C. 2252A - Certain activities relating to material constituting or containing child pornography.
- 18 U.S.C. 2252B - Misleading domain names on the Internet.
- 18 U.S.C. 2252C - Misleading words or digital images on the Internet.
- 18 U.S.C. 2253 - Criminal forfeiture.
- 18 U.S.C. 2254 - Civil forfeiture.
- 18 U.S.C. 2255 - Civil remedy for personal injuries.
- 18 U.S.C. 2256 - Definitions for chapter.
- 18 U.S.C. 2257 - Record keeping requirements.
- 18 U.S.C. 2257A – Record-keeping for simulated sexual conduct.
- 18 U.S.C. 2258 - Failure to report child abuse.
- 18 U.S.C. 2258A - Reporting requirements of providers.
- 18 U.S.C. 2258B - Limited liability for providers or domain name registrars.
- 18 U.S.C. 2258C - Use to combat child pornography of technical elements relating to reports made to the CyberTipline.
- 18 U.S.C. 2258D - Limited liability for NCMEC.
- 18 U.S.C. 2258E – Definitions.
- 18 U.S.C. 2259 - Mandatory restitution.
- 18 U.S.C. 2259A - Assessments in child pornography cases.
- 18 U.S.C. 2259B - Child pornography victims reserve.
- 18 U.S.C. 2260 - Production of sexually explicit depictions of a minor for importation into the United States.
- 18 U.S.C. 2260A - Penalties for registered sex offenders.
What Are the 18 U.S.C. 2251 Penalties?
If you are convicted of violating 18 U.S.C. 2251 sexual exploitation of children, you will face the following punishments:
- Mandatory minimum sentence of 15 years in federal prison and
- Maximum sentence of 30 years.
The actual sentence length will depend on different factors and the calculation range of the federal sentencing guidelines, such as the following factors:
- The number of images or videos you possess or distribute.
- The type of sexual conduct depicted.
- The age of the minors involved.
Notably, there is a sentencing enhancement if you engaged in a pattern of similar conduct, even if you were never charged, indicted, or convicted of a sex crime.
18 U.S. Code 2251 sexual exploitation of children law makes it a federal crime to attempt to persuade a minor to engage in sexual conduct to make pictures. Simply put, suppose you attempt to entice or persuade a minor to engage in sexual conduct to make a video, pictures, etc. In that case, you can be charged with the federal crime of sexual exploitation. A minor is anyone under 18.
Federal charges of sexual exploitation of children and child pornography are serious and require legal representation from a federal criminal defense lawyer to have the best chance of a favorable outcome. Call our law firm to review your case and legal options. The Hedding Law Firm is based in Los Angeles, California.
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