§2258D — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

People generally cannot sue or bring criminal charges against NCMEC or its directors, officers, employees, or agents for work it does as a clearinghouse to find missing children, run the CyberTipline, carry out duties under sections 2258A or 2258C, or work under section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293), or for trying to identify child victims. That protection ends if NCMEC or its staff intentionally did wrong, acted with actual malice, recklessly ignored a serious risk of harm without a legal reason, or acted for a purpose not related to those child‑protection duties. The protection also does not cover routine business tasks like general administration, use of vehicles, or personnel management. NCMEC must keep the number of employees who can view any visual image received under section 2258A as small as possible. It must permanently destroy those images when a law enforcement agency tells it to.

Title 18, §2258D

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293), or from the efforts of NCMEC to identify child victims may not be brought in any Federal or State court.

(b)Subsection (a) shall not apply to a claim or charge if NCMEC, or a director, officer, employee, or agent of NCMEC—

(1)engaged in intentional misconduct; or

(2)acted, or failed to act—

(A)with actual malice;

(B)with reckless disregard to a substantial risk of causing injury without legal justification; or

(C)for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children’s Assistance Act (34 U.S.C. 11293).

(c)Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management.

(d)NCMEC shall—

(1)minimize the number of employees that are provided access to any visual depiction provided under section 2258A; and

(2)ensure that any such visual depiction is permanently destroyed upon notification from a law enforcement agency.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–395, § 5(1), substituted “NCMEC” for “the National Center for Missing and Exploited Children” in section catchline. Subsec. (a). Pub. L. 115–395, § 5(2), substituted “Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided” for “Except as provided”, “against NCMEC” for “against the National Center for Missing and Exploited Children”, “(34 U.S.C. 11293)” for “(42 U.S.C. 5773)”, “of NCMEC” for “of such center” wherever appearing, and “from the efforts” for “from the effort”. Subsec. (b). Pub. L. 115–395, § 5(3), substituted “if NCMEC” for “if the National Center for Missing and Exploited Children”, “of NCMEC” for “of such center”, and “(34 U.S.C. 11293)” for “(42 U.S.C. 5773)”. Subsec. (d). Pub. L. 115–395, § 5(4), substituted “NCMEC” for “The National Center for Missing and Exploited Children” in introductory provisions and “visual depiction” for “image” in pars. (1) and (2).

§2258D Limited Liability for Ncmec

Summary

Title 18, §2258D

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata