Title 18Crimes and Criminal ProcedureRelease 119-73

§2259A Assessments in child pornography cases

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 110— - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN › § 2259A

Last updated Apr 6, 2026|Official source

Summary

Courts must make people convicted of child pornography crimes pay an extra money assessment on top of any other punishment. The cap is $17,000 for convictions under 2252(a)(4) or 2252A(a)(5), $35,000 for other trafficking convictions, and $50,000 for production convictions. These dollar limits are adjusted every year using the Consumer Price Index. When deciding how much to charge, the judge must look at the factors listed in sections 3553(a) and 3572. Most federal rules about fines apply to these assessments, but if those rules conflict with the payment order below, the payment order here controls. Money collected must be paid in this order: the special assessment under section 3013; restitution to victims of any production or trafficking crimes the defendant committed; the assessment required here; other court-ordered payments under this title; then any other fines, penalties, costs, or payments from the sentence. The assessment does not reduce or replace any other penalty.

Full Legal Text

Title 18, §2259A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)In addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess—
(1)not more than $17,000 on any person convicted of an offense under section 2252(a)(4) or 2252A(a)(5);
(2)not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and
(3)not more than $50,000 on any person convicted of a child pornography production offense.
(b)The dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index.
(c)In determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in section 3553(a) and 3572.
(d)(1)The provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant.
(2)Imposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence:
(A)A special assessment under section 3013.
(B)Restitution to victims of any child pornography production or trafficking offense that the defendant committed.
(C)An assessment under this section.
(D)Other orders under any other section of this title.
(E)All other fines, penalties, costs, and other payments required under the sentence.

Reference

Citations & Metadata

Citation

18 U.S.C. § 2259A

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73