§2252B — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Using a misleading website name on purpose to trick someone into seeing obscene content is a crime. You can be fined, go to prison for up to 2 years, or both. Doing the same to trick a child into seeing material harmful to minors can lead to a fine, up to 10 years in prison, or both. A domain name that plainly shows sexual content, like “sex” or “porn,” is not considered misleading. “Material that is harmful to minors” means messages with nudity, sexual acts, or excretion that, as a whole, mainly appeal to a child’s sexual interest, are clearly offensive by adult community standards about what is fit for kids, and have no serious literary, artistic, political, or scientific value for minors. “Sex” here means masturbation, sexual intercourse, physical contact with someone’s genitals, or the state of genitals when sexually aroused.

Title 18, §2252B

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.

(b)Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 10 years, or both.

(c)For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as “sex” or “porn”, is not misleading.

(d)For the purposes of this section, the term “material that is harmful to minors” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—

(1)predominantly appeals to a prurient interest of minors;

(2)is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(3)lacks serious literary, artistic, political, or scientific value for minors.

(e)For the purposes of subsection (d), the term “sex” means acts of masturbation, sexual intercourse, or physcial 11 So in original. Probably should be “physical”. contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–248 substituted “10 years” for “4 years”.

§2252B Misleading Domain Names on the Internet

Summary

Title 18, §2252B

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata