§2251A — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime for a parent, guardian, or anyone who controls a child to sell, give, or offer to sell or give that child if they know or want the child to be used in sexual photos or videos, or to take part in or help with sexual acts to make such photos or videos. It is also a crime for anyone to buy or try to get custody of a child for those same reasons. The rule applies when the child or person was moved across state or country lines, when the offer used mail or the internet or other interstate means, or when it happened in a U.S. territory.

Title 18, §2251A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor either—

(1)with knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or

(2)with intent to promote either—

(A)the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or

(B)the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;

(b)Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor either—

(1)with knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or

(2)with intent to promote either—

(A)the engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or

(B)the rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;

(c)The circumstances referred to in subsections (a) and (b) are that—

(1)in the course of the conduct described in such subsections the minor or the actor traveled in or was transported in or affecting interstate or foreign commerce;

(2)any offer described in such subsections was communicated or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mail; or

(3)the conduct described in such subsections took place in any territory or possession of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (c). Pub. L. 110–358, § 103(b), substituted “in or affecting interstate” for “in interstate” in pars. (1) and (2). Subsec. (c)(2). Pub. L. 110–358, § 103(a)(2), inserted “using any means or facility of interstate or foreign commerce or” after “or transported”. 2003—Subsecs. (a), (b). Pub. L. 108–21 substituted “30 years” for “20 years” in concluding provisions.

§2251A Selling or Buying of Children

Summary

Title 18, §2251A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata