U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 110— SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

18 U.S.C. § 2251A

Selling or buying of children

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(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;shall be punished by imprisonment for not less than 30 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist.(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;shall be punished by imprisonment for not less than 30 years or for life and by a fine under this title, if any of the circumstances described in subsection (c) of this section exist.(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.(Added Pub. L. 100–690, title VII, § 7512(a), Nov. 18, 1988, 102 Stat. 4486; amended Pub. L. 108–21, title I, § 103(b)(1)(B), Apr. 30, 2003, 117 Stat. 653; Pub. L. 110–358, title I, § 103(a)(2), (b), Oct. 8, 2008, 122 Stat. 4002, 4003.)Editorial NotesAmendments

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.

Notes of Decisions
Cited in 52 cases (4 in the last 5 years), 1989–2026 · leading case: United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005).
Sort: Relevance Newest Treatment
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). · cites it 6× “2 18 U.S.C. § 2251A (2000). 3 60 M.J. 15 (C.”
United States v. Catalin Livio Buculei, the Ctr. for Individual Rights, Amicus Curiae, 262 F.3d 322 (4th Cir. 2001). · cites it 6× “Thus, we must affirm Buculei’s conviction on Count Three, the violation of 18 U.S.C. § 2251A(b). 11 IV. Pursuant to the foregoing, we affirm the convictions and sentence of Buculei as rendered and imposed in the district court.”
United States v. O'Connor, 650 F.3d 839 (2d Cir. 2011). · cites it 5× “§ 1591 ; convicting O’Connor of selling a child for the purpose of producing child pornography, in violation of 18 U.S.C. § 2251A(a), and permitting her child to be used for the production of child pornography, in violation of 18 U.”
Luna Torres v. Lynch, 136 S. Ct. 1619 (2016). · cites it 2× “("an offense described in" 18 U.S.C. § 2251A, which criminalizes selling a child for purposes of child pornography); ibid.”
United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017). · cites it 2× “, 18 U.S.C. § 2251A(a) (30-year sentence for a parent or legal guardian who sells his child for the purpose of sexual exploitation); id.”
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012). · cites it 2× “[for the purpose of causing] the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act.... Id. § 1591(a)(1)-(2) (emphasis added).”
United States v. Charles Stokes, 726 F.3d 880 (7th Cir. 2013). · cites it 2× “Federal prosecutors in Miami soon realized their mistake and dropped the charge.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). · cites it 2× “§ 2251 (e) Sexual exploitation of children, penalties 15 year's; if the offender has one prior conviction for sexual exploitation, 25 years; if the offender has two or more prior convictions for sexual exploitation, 35 years; if death results, 30 years 18 U.S.C. § 2251A(a) Sale…”
United States v. Brady Leon Beck, Jr., 957 F.3d 440 (4th Cir. 2020). · cites it 2× “§ 2251 (a) (sexual exploitation of a minor); 18 U.S.C. § 2251A(b) (purchasing custody or control of a minor for sexual purposes); 18 U.”
United States v. Bredimus, 234 F. Supp. 2d 639 (N.D. Tex. 2002). · cites it 5× “§ 2423 (b) and one count of traveling in foreign commerce with intent to promote child pornography in violation of 18 U.S.C. § 2251A. Approximately one month after Bredimus filed his motion, the grand jury returned a superseding Indictment, which charged him in two counts,…”
United States v. Julian Garcon, 54 F.4th 1274 (11th Cir. 2022). “§§ 2251 , 2252, 2252A, 2260), buying and selling of children (18 U.S.C. § 2251A), or the recruitment of child soldiers ( 18 U.”
United States v. Norman Borho, 485 F.3d 904 (6th Cir. 2007). “§ 2251 (criminalizing the sexual exploitation of children); 18 U.S.C. § 2251A (prohibiting the selling or buying of children with the intent or the knowledge that *912 the children will be used to portray sexually explicit conduct); cf.”
Show all 52 citing cases →
— 18 U.S.C. § 2251A(a) — 11 cases
United States v. O'Connor, 650 F.3d 839 (2d Cir. 2011). “§ 1591 ; convicting O’Connor of selling a child for the purpose of producing child pornography, in violation of 18 U.S.C. § 2251A(a), and permitting her child to be used for the production of child pornography, in violation of 18 U.”
United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017). “, 18 U.S.C. § 2251A(a) (30-year sentence for a parent or legal guardian who sells his child for the purpose of sexual exploitation); id.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). “§ 2251 (e) Sexual exploitation of children, penalties 15 year's; if the offender has one prior conviction for sexual exploitation, 25 years; if the offender has two or more prior convictions for sexual exploitation, 35 years; if death results, 30 years 18 U.S.C. § 2251A(a) Sale…”
United States v. Block, 635 F.3d 721 (5th Cir. 2011).
In Re Thompson, 963 A.2d 837 (N.J. 2009).
— 18 U.S.C. § 2251A(a)(2) — 1 case
Watson (E.D. Tenn. 2026).
— 18 U.S.C. § 2251A(a)(5)(B) — 1 case
United States v. Alvin Smith, 459 F.3d 1276 (11th Cir. 2006).
— 18 U.S.C. § 2251A(b) — 11 cases
United States v. Catalin Livio Buculei, the Ctr. for Individual Rights, Amicus Curiae, 262 F.3d 322 (4th Cir. 2001). “Thus, we must affirm Buculei’s conviction on Count Three, the violation of 18 U.S.C. § 2251A(b). 11 IV. Pursuant to the foregoing, we affirm the convictions and sentence of Buculei as rendered and imposed in the district court.”
United States v. Brady Leon Beck, Jr., 957 F.3d 440 (4th Cir. 2020). “§ 2251 (a) (sexual exploitation of a minor); 18 U.S.C. § 2251A(b) (purchasing custody or control of a minor for sexual purposes); 18 U.”
United States v. O'Connor, 650 F.3d 839 (2d Cir. 2011). “§ 1591 ; convicting O’Connor of selling a child for the purpose of producing child pornography, in violation of 18 U.S.C. § 2251A(a), and permitting her child to be used for the production of child pornography, in violation of 18 U.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). “§ 2251 (e) Sexual exploitation of children, penalties 15 year's; if the offender has one prior conviction for sexual exploitation, 25 years; if the offender has two or more prior convictions for sexual exploitation, 35 years; if death results, 30 years 18 U.S.C. § 2251A(a) Sale…”
United States v. Christopher Bour, 804 F.3d 880 (7th Cir. 2015).
— 18 U.S.C. § 2251A(b)(1) — 1 case
United States v. Michael Clemans (9th Cir. 2020).
— 18 U.S.C. § 2251A(b)(2) — 4 cases
United States v. Catalin Livio Buculei, the Ctr. for Individual Rights, Amicus Curiae, 262 F.3d 322 (4th Cir. 2001). “Thus, we must affirm Buculei’s conviction on Count Three, the violation of 18 U.S.C. § 2251A(b). 11 IV. Pursuant to the foregoing, we affirm the convictions and sentence of Buculei as rendered and imposed in the district court.”
Breton, LLC v. Graphic Arts Mut. Ins., 446 F. App'x 598 (4th Cir. 2011).
United States v. Buculei (4th Cir. 2001).
United States v. Moser, 235 F. App'x 138 (4th Cir. 2007).
— 18 U.S.C. § 2251A(b)(2)(A) — 3 cases
United States v. Charles Stokes, 726 F.3d 880 (7th Cir. 2013). “Federal prosecutors in Miami soon realized their mistake and dropped the charge.”
United States v. Bredimus, 234 F. Supp. 2d 639 (N.D. Tex. 2002). “§ 2423 (b) and one count of traveling in foreign commerce with intent to promote child pornography in violation of 18 U.S.C. § 2251A. Approximately one month after Bredimus filed his motion, the grand jury returned a superseding Indictment, which charged him in two counts,…”
United States v. Irey, 746 F. Supp. 2d 1232 (M.D. Fla. 2010).
— 18 U.S.C. § 2251A(c) — 2 cases
United States v. Gallenardo, 579 F.3d 1076 (9th Cir. 2009).
United States v. Gallenardo (9th Cir. 2009).
— 18 U.S.C. § 2251A(g) — 1 case
United States v. Chase, 250 F. Supp. 3d 1 (W.D.N.C. 2017).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.