18 U.S.C. § 2252A

Certain activities relating to material constituting or containing child pornography

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(a) Any person who—(1) knowingly mails, or transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any child pornography;(2) knowingly receives or distributes—(A) any child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; or(B) any material that contains child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;(3) knowingly—(A) reproduces any child pornography for distribution through the mails, or 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(B) advertises, promotes, presents, distributes, or solicits through the mails, or using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains—(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;(4) either—(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly sells or possesses with the intent to sell any child pornography; or(B) knowingly sells or possesses with the intent to sell any child pornography that has been mailed, or shipped 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 that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;(5) either—(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the United States Government, or in the Indian country (as defined in section 1151), knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or(B) knowingly possesses, or knowingly accesses with intent to view, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped 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 that was produced using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct—(A) that has been mailed, shipped, 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;(B) that was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer; or(C) which distribution, offer, sending, or provision is accomplished using the mails or any means or facility of interstate or foreign commerce,for purposes of inducing or persuading a minor to participate in any activity that is illegal; or(7) knowingly produces with intent to distribute, or distributes, by any means, including a computer, in or affecting interstate or foreign commerce, child pornography that is an adapted or modified depiction of an identifiable minor.11 So in original. The period probably should be a comma.shall be punished as provided in subsection (b).(b)(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but, if such person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under the Uniform Code of Military Justice or the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or sex trafficking of children, such person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.(2) Whoever violates, or attempts or conspires to violate, subsection (a)(5) shall be fined under this title or imprisoned not more than 10 years, or both, but, if any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if such person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under the Uniform Code of Military Justice or the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.(3) Whoever violates, or attempts or conspires to violate, subsection (a)(7) shall be fined under this title or imprisoned not more than 15 years, or both.(c) It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that—(1)(A) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and(B) each such person was an adult at the time the material was produced; or(2) the alleged child pornography was not produced using any actual minor or minors.No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256(8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 14 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.(d)Affirmative Defense.—It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant—(1) possessed less than three images of child pornography; and(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof—(A) took reasonable steps to destroy each such image; or(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.(e)Admissibility of Evidence.—On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.(f)Civil Remedies.—(1)In general.—Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).(2)Relief.—In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including—(A) temporary, preliminary, or permanent injunctive relief;(B) compensatory and punitive damages; and(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.(g)Child Exploitation Enterprises.—(1) Whoever engages in a child exploitation enterprise shall be fined under this title and imprisoned for any term of years not less than 20 or for life.(2) A person engages in a child exploitation enterprise for the purposes of this section if the person violates section 1591, section 1201 if the victim is a minor, or chapter 109A (involving a minor victim), 110 (except for sections 2257 and 2257A), or 117 (involving a minor victim), as a part of a series of felony violations constituting three or more separate incidents and involving more than one victim, and commits those offenses in concert with three or more other persons.(Added Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[3(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–28; amended Pub. L. 105–314, title II, §§ 202(b), 203(b), Oct. 30, 1998, 112 Stat. 2978; Pub. L. 107–273, div. B, title IV, § 4003(a)(5), Nov. 2, 2002, 116 Stat. 1811; Pub. L. 108–21, title I, § 103(a)(1)(D), (E), (b)(1)(E), (F), title V, §§ 502(d), 503, 505, 507, 510, Apr. 30, 2003, 117 Stat. 652, 653, 679, 680, 682–684; Pub. L. 109–248, title II, § 206(b)(3), title VII, § 701, July 27, 2006, 120 Stat. 614, 647; Pub. L. 110–358, title I, § 103(a)(4), (b), (d), title II, § 203(b), Oct. 8, 2008, 122 Stat. 4002, 4003; Pub. L. 110–401, title III, § 304, Oct. 13, 2008, 122 Stat. 4242; Pub. L. 111–16, § 3(5), May 7, 2009, 123 Stat. 1607; Pub. L. 112–206, § 2(b), Dec. 7, 2012, 126 Stat. 1490; Pub. L. 115–299, § 7(b), Dec. 7, 2018, 132 Stat. 4388; Pub. L. 118–159, div. A, title V, § 569(4), Dec. 23, 2024, 138 Stat. 1906.)Editorial NotesAmendments

2024—Subsec. (b). Pub. L. 118–159 substituted “the Uniform Code of Military Justice or” for “section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under” in pars. (1) and (2).

2018—Subsec. (a)(2). Pub. L. 115–299, in subpars. (A) and (B), substituted “child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped” for “child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped”.

2012—Subsec. (b)(2). Pub. L. 112–206 inserted “any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if” after “but, if”.

2009—Subsec. (c). Pub. L. 111–16 substituted “14 days” for “10 days” in concluding provisions.

2008—Subsec. (a)(1). Pub. L. 110–358, § 103(a)(4)(A), (b), inserted “using any means or facility of interstate or foreign commerce or” after “ships” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(2). Pub. L. 110–358, § 103(a)(4)(B), (b), in pars. (A) and (B), inserted “using any means or facility of interstate or foreign commerce” after “mailed, or” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(3). Pub. L. 110–358, § 103(a)(4)(C), (b), in pars. (A) and (B), inserted “using any means or facility of interstate or foreign commerce or” after “mails, or” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(4)(B). Pub. L. 110–358, § 103(a)(4)(D), (b), inserted “using any means or facility of interstate or foreign commerce or” after “has been mailed, or shipped or transported” and substituted “in or affecting interstate” for “in interstate” in two places.

Subsec. (a)(5)(A). Pub. L. 110–358, § 203(b)(1), inserted “, or knowingly accesses with intent to view,” after “possesses”.

Subsec. (a)(5)(B). Pub. L. 110–358, §§ 103(a)(4)(D), (b), 203(b)(2), inserted “, or knowingly accesses with intent to view,” after “possesses” and “using any means or facility of interstate or foreign commerce or” after “has been mailed, or shipped or transported” and substituted “in or affecting interstate” for “in interstate” in two places.

Subsec. (a)(6)(A). Pub. L. 110–358, § 103(a)(4)(E), (b), inserted “using any means or facility of interstate or foreign commerce or” after “has been mailed, shipped, or transported” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(6)(B). Pub. L. 110–358, § 103(b), substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(6)(C). Pub. L. 110–358, § 103(d), substituted “or any means or facility of interstate or foreign commerce,” for “or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,”.

Subsec. (a)(7). Pub. L. 110–401, § 304(a), added par. (7).

Subsec. (b)(3). Pub. L. 110–401, § 304(b), added par. (3).

2006—Subsec. (b)(1). Pub. L. 109–248, § 206(b)(3), inserted “section 1591,” after “this chapter,” and “, or sex trafficking of children” after “pornography”.

Subsec. (g). Pub. L. 109–248, § 701, added subsec. (g).

2003—Subsec. (a)(3). Pub. L. 108–21, § 503(1)(A), added par. (3) and struck out former par. (3) which read as follows: “knowingly reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer;”.

Subsec. (a)(6). Pub. L. 108–21, § 503(1)(B)–(D), added par. (6).

Subsec. (b)(1). Pub. L. 108–21, § 507, inserted “chapter 71,” before “chapter 109A,” and “or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),” before “or under the laws”.

Pub. L. 108–21, § 503(2), which directed the substitution of “paragraph (1), (2), (3), (4), or (6)” for “paragraphs (1), (2), (3), or (4)”, was executed by making the substitution for “paragraph (1), (2), (3), or (4)”, to reflect the probable intent of Congress.

Pub. L. 108–21, § 103(a)(1)(D), (b)(1)(E), substituted “20 years” for “15 years”, “and imprisoned not less than 5 years and” for “or imprisoned”, “15 years” for “5 years”, and “40 years” for “30 years” and struck out “or both,” before “but, if such person”.

Subsec. (b)(2). Pub. L. 108–21, § 507, inserted “chapter 71,” before “chapter 109A,” and “or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),” before “or under the laws”.

Pub. L. 108–21, § 103(a)(1)(E), (F), substituted “more than 10 years” for “more than 5 years”, “less than 10 years” for “less than 2 years”, and “20 years” for “10 years”.

Subsec. (c). Pub. L. 108–21, § 502(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3), or (4) of subsection (a) that—

“(1) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct;

“(2) each such person was an adult at the time the material was produced; and

“(3) the defendant did not advertise, promote, present, describe, or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.”

Subsec. (e). Pub. L. 108–21, § 505, added subsec. (e).

Subsec. (f). Pub. L. 108–21, § 510, added subsec. (f).

2002—Subsecs. (b)(1), (c). Pub. L. 107–273 substituted “paragraph” for “paragraphs”.

1998—Subsec. (a)(5)(A), (B). Pub. L. 105–314, § 203(b)(1), substituted “an image” for “3 or more images”.

Subsec. (b). Pub. L. 105–314, § 202(b), substituted “, chapter 109A, or chapter 117” for “or chapter 109A” in pars. (1) and (2) and substituted “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” for “the possession of child pornography” in par. (2).

Subsec. (d). Pub. L. 105–314, § 203(b)(2), added subsec. (d).

Statutory Notes and Related SubsidiariesEffective Date of 2009 Amendment

Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Notes of Decisions
Cited in 3,521 cases (710 in the last 5 years), 1998–2026 · leading case: United States v. Davenport, 519 F.3d 940 (9th Cir. 2008).
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008). · cites it 60× “Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012). · cites it 34× “§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). · cites it 30× “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008). · cites it 22× “§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
United States v. Bennett, 823 F.3d 1316 (10th Cir. 2016). · cites it 23× “Bennett pleaded guilty to knowingly possessing child pornography under 18 U.S.C. § 2252A(a)(5)(B). 1 This was not Bennett’s first conviction for sex-related conduct involving children.”
United States v. Williams, 553 U.S. 285 (2008). · cites it 10× “Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who— "(3) knowingly— .”
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014). · cites it 29× “Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006). · cites it 17× “The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
United States of Am. v Strickland - Opinion, 601 F.3d 963 (9th Cir. 2010). · cites it 25× “He was sentenced pursuant to 18 U.S.C. § 2252A, which permits a sentencing enhancement if UNITED STATES v.”
United States v. Richards, 659 F.3d 527 (6th Cir. 2011). · cites it 16× “2007) ("[W]here a defendant has images stored in separate materials (as defined in 18 U.S.C. § 2252A), such as a computer, a book, and a magazine, the Government may charge multiple counts, each for the type of material or media possessed, as long as the prohibited images were…”
United States v. Beardsley, 691 F.3d 252 (2d Cir. 2012). · cites it 19× “One of the sentence-enhancement provisions of 18 U.S.C. § 2252A, in turn, provides that a person convicted under the statute of certain federal child pornography offenses “shall be fined under this title *258 and imprisoned not less than 5 years and not more than 20 years, but,…”
United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007). · cites it 19× “Subsequently, Hubbard was convicted on an unrelated federal charge of distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2) and sentenced to 97 months in prison.”
— 18 U.S.C. § 2252A(1) — 5 cases
United States v. Joseph Martin, 426 F.3d 68 (2d Cir. 2005).
United States v. Robert Haas, 37 F.4th 1256 (7th Cir. 2022).
United States v. Navrestad, 66 M.J. 262 (C.A.A.F. 2008).
United States v. Sims, 252 F. Supp. 2d 1255 (D.N.M. 2003).
United States v. Ashworth (N.M.C.C.A. 2015).
— 18 U.S.C. § 2252A(1)(2) — 1 case
United States v. Clawson, 650 F.3d 530 (4th Cir. 2011).
— 18 U.S.C. § 2252A(1)(5)(B) — 2 cases
United States v. Flyer, 633 F.3d 911 (9th Cir. 2011).
Biron v. Sawyer (D. Minnesota 2020).
— 18 U.S.C. § 2252A(1)(a)(5)(B) — 1 case
United States v. MacMillen (2d Cir. 2008).
— 18 U.S.C. § 2252A(2) — 4 cases
United States v. Breton, 740 F.3d 1 (1st Cir. 2014).
United States v. Sims, 252 F. Supp. 2d 1255 (D.N.M. 2003).
United States v. Volungus, 8 F. App'x 555 (6th Cir. 2001).
United States v. Thomas Victor Sway, 667 F. App'x 764 (11th Cir. 2016).
— 18 U.S.C. § 2252A(2)(5) — 1 case
United States v. Dayton (10th Cir. 2012).
— 18 U.S.C. § 2252A(2)(A) — 1 case
Hower v. Hemingway (E.D. Mich. 2021).
— 18 U.S.C. § 2252A(3)(A) — 1 case
United States v. Dayton (10th Cir. 2012).
— 18 U.S.C. § 2252A(3)(B) — 4 cases
United States v. Williams, 553 U.S. 285 (2008). “Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who— "(3) knowingly— .”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008).
United States v. Jackson, 351 F. Supp. 2d 108 (S.D.N.Y. 2004).
— 18 U.S.C. § 2252A(5)(A) — 1 case
United States v. Seerden, 264 F. Supp. 3d 703 (E.D. Va. 2017).
— 18 U.S.C. § 2252A(5)(B) — 13 cases
United States v. Runyan, 290 F.3d 223 (5th Cir. 2002).
United States v. Brooks, 427 F.3d 1246 (10th Cir. 2005).
United States v. John McLaughlin, 760 F.3d 699 (7th Cir. 2014).
United States v. James Maxwell, 446 F.3d 1210 (11th Cir. 2006).
United States v. Carter, 549 F. Supp. 2d 1257 (D. Nev. 2008).
— 18 U.S.C. § 2252A(A)(2)(A) — 1 case
United States v. Martens, 59 M.J. 501 (A.F.C.C.A. 2003).
— 18 U.S.C. § 2252A(A)(5)(B) — 1 case
— 18 U.S.C. § 2252A(a) — 64 cases
United States v. Chiaradio, 684 F.3d 265 (1st Cir. 2012).
United States v. David Husmann, 765 F.3d 169 (3rd Cir. 2014).
United States v. Peck, 496 F.3d 885 (8th Cir. 2007).
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006). “The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
United States v. Stephens, 594 F.3d 1033 (8th Cir. 2010).
— 18 U.S.C. § 2252A(a)(1) — 254 cases
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012). “§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
United States v. Wright, 625 F.3d 583 (9th Cir. 2010).
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Richards, 659 F.3d 527 (6th Cir. 2011). “2007) ("[W]here a defendant has images stored in separate materials (as defined in 18 U.S.C. § 2252A), such as a computer, a book, and a magazine, the Government may charge multiple counts, each for the type of material or media possessed, as long as the prohibited images were…”
United States v. Medina, 66 M.J. 21 (C.A.A.F. 2008).
— 18 U.S.C. § 2252A(a)(2) — 640 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008). “Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008). “§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
United States v. Frederick Stanley Hall, Jr., 312 F.3d 1250 (11th Cir. 2002).
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014). “Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
United States v. Morgan Chase Woods, 684 F.3d 1045 (11th Cir. 2012).
— 18 U.S.C. § 2252A(a)(2)(A) — 611 cases
United States v. Ronald Miltier, 882 F.3d 81 (4th Cir. 2018).
United States v. Dean Stitz, 877 F.3d 533 (4th Cir. 2017).
United States v. Ehle, 640 F.3d 689 (6th Cir. 2011).
United States v. Kuemmerle, 67 M.J. 141 (C.A.A.F. 2009).
United States v. Grober, 624 F.3d 592 (3rd Cir. 2010).
— 18 U.S.C. § 2252A(a)(2)(B) — 144 cases
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006). “The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
United States v. Stefan Irving, 452 F.3d 110 (2d Cir. 2006).
United States v. Irving, 554 F.3d 64 (2d Cir. 2009).
United States v. David Roetcisoender, 792 F.3d 547 (5th Cir. 2015).
United States v. Bobb, 577 F.3d 1366 (11th Cir. 2009).
— 18 U.S.C. § 2252A(a)(2)(a) — 4 cases
United States v. Christopher Golden, 44 F.4th 1129 (8th Cir. 2022).
United States v. Caraher, 973 F.3d 57 (2d Cir. 2020).
United States v. Tampico, 297 F.3d 396 (5th Cir. 2001).
— 18 U.S.C. § 2252A(a)(2)(b) — 1 case
United States v. Mario Antonio Acosta, 421 F.3d 1195 (11th Cir. 2005).
— 18 U.S.C. § 2252A(a)(3) — 9 cases
United States v. James Bruguier, 735 F.3d 754 (8th Cir. 2013).
United States v. Blinkinsop, 606 F.3d 1110 (9th Cir. 2010).
United States v. Sergeant RYAN M. GORSKI, 71 M.J. 729 (A.C.C.A. 2012).
United States v. O'Rourke, 470 F. Supp. 2d 1049 (D. Ariz. 2007).
United States v. Sturm, 672 F.3d 891 (10th Cir. 2012).
— 18 U.S.C. § 2252A(a)(3)(A) — 3 cases
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Wernick, 691 F.3d 108 (2d Cir. 2012).
United States v. Sturm, 672 F.3d 891 (10th Cir. 2012).
— 18 U.S.C. § 2252A(a)(3)(B) — 44 cases
United States v. Williams, 553 U.S. 285 (2008). “Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who— "(3) knowingly— .”
United States v. Williams, 444 F.3d 1286 (11th Cir. 2006).
United States v. Charles Hillie, 39 F.4th 674 (D.C. Cir. 2021).
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014). “Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
United States v. David Husmann, 765 F.3d 169 (3rd Cir. 2014).
— 18 U.S.C. § 2252A(a)(3)(B)(i) — 2 cases
United States v. David Bridgewater, 950 F.3d 928 (7th Cir. 2020).
— 18 U.S.C. § 2252A(a)(3)(B)(ii) — 8 cases
United States v. Jones, 748 F.3d 64 (1st Cir. 2014).
United States v. Williams, 444 F.3d 1286 (11th Cir. 2006).
United States v. Chester Ray Slaughter, 708 F.3d 1208 (11th Cir. 2013).
Parker v. State, 81 So. 3d 451 (Fla. 2d DCA 2011).
United States v. Dahl, 81 F. Supp. 3d 405 (E.D. Pa. 2015).
— 18 U.S.C. § 2252A(a)(3)(b) — 2 cases
Free Speech Coalition, Inc. v. Holder, 729 F. Supp. 2d 691 (E.D. Pa. 2010).
United States v. Jerry Hall (11th Cir. 2019).
— 18 U.S.C. § 2252A(a)(4) — 2 cases
State v. Hazlett, 73 P.3d 1258 (Ariz. Ct. App. 2003).
United States v. Samuel Alan Morton, 364 F.3d 1300 (11th Cir. 2004).
— 18 U.S.C. § 2252A(a)(4)(A) — 1 case
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
— 18 U.S.C. § 2252A(a)(4)(B) — 22 cases
United States v. Pruitt, 638 F.3d 763 (11th Cir. 2011).
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006). “The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
United States v. Christman, 509 F.3d 299 (6th Cir. 2007).
United States v. Christman, 607 F.3d 1110 (6th Cir. 2010).
United States v. Hilton, 257 F.3d 50 (1st Cir. 2001).
— 18 U.S.C. § 2252A(a)(4)(b) — 1 case
United States v. Thomas Ballato, 392 F. App'x 463 (6th Cir. 2010).
— 18 U.S.C. § 2252A(a)(5) — 104 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008). “Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Beaty, 70 M.J. 39 (C.A.A.F. 2011).
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014). “Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
United States v. Derek Tagg, 886 F.3d 579 (6th Cir. 2018).
United States v. Richardson, 607 F.3d 357 (4th Cir. 2010).
— 18 U.S.C. § 2252A(a)(5)(2000) — 1 case
United States v. Duhon, 440 F.3d 711 (5th Cir. 2006).
— 18 U.S.C. § 2252A(a)(5)(A) — 37 cases
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Von Bergen, 67 M.J. 290 (C.A.A.F. 2009).
United States v. Campbell, 66 M.J. 578 (N.M.C.C.A. 2008).
United States v. Daniel LaDeau, 734 F.3d 561 (6th Cir. 2013).
United States v. Saxman, 69 M.J. 540 (N.M.C.C.A. 2010).
— 18 U.S.C. § 2252A(a)(5)(B) — 1812 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008). “Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Pugh, 515 F.3d 1179 (11th Cir. 2008).
United States v. Moreland, 665 F.3d 137 (5th Cir. 2011).
United States v. Brune, 767 F.3d 1009 (10th Cir. 2014).
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008). “§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
— 18 U.S.C. § 2252A(a)(5)(B)(1997) — 1 case
United States v. Henriques, 234 F.3d 263 (5th Cir. 2000).
— 18 U.S.C. § 2252A(a)(5)(B)(b) — 1 case
State v. DeJesus, 953 A.2d 45 (Conn. 2008).
— 18 U.S.C. § 2252A(a)(5)(a) — 3 cases
Mallak v. Aitkin Cnty., 9 F. Supp. 3d 1046 (D. Minnesota 2014).
United States v. Ronald Hill (11th Cir. 2021).
— 18 U.S.C. § 2252A(a)(5)(b) — 34 cases
United States v. Autery, 555 F.3d 864 (9th Cir. 2009).
United States v. Jason Kushmaul, 984 F.3d 1359 (11th Cir. 2021).
United States v. Harvey Cox, 744 F.3d 305 (4th Cir. 2014).
United States v. Chad Konczak, 683 F.3d 348 (7th Cir. 2012).
United States v. David Daniel Anderson, 280 F.3d 1121 (7th Cir. 2002).
— 18 U.S.C. § 2252A(a)(6) — 1 case
United States v. Jerry Alan Penton, 380 F. App'x 818 (11th Cir. 2010).
— 18 U.S.C. § 2252A(a)(6)(B) — 1 case
United States v. Forrester, 76 M.J. 479 (C.A.A.F. 2017).
— 18 U.S.C. § 2252A(a)(7) — 2 cases
United States v. Reingold, 731 F.3d 204 (2d Cir. 2013).
United States v. Crisman, 39 F. Supp. 3d 1189 (D.N.M. 2014).
— 18 U.S.C. § 2252A(a)(S)(B) — 2 cases
State of Maine v. Shepard (Me. Super. Ct 2020).
United States v. Evan Corbett, 453 F. App'x 226 (3rd Cir. 2011).
— 18 U.S.C. § 2252A(a)(Z) — 1 case
United States v. Seerden, 264 F. Supp. 3d 703 (E.D. Va. 2017).
— 18 U.S.C. § 2252A(a)(b)(B) — 1 case
United States v. Arzberger, 592 F. Supp. 2d 590 (S.D.N.Y. 2008).
— 18 U.S.C. § 2252A(a)(l) — 224 cases
United States v. Stoterau, 524 F.3d 988 (9th Cir. 2008).
United States v. Wright, 625 F.3d 583 (9th Cir. 2010).
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). “The military judge explained to Martinelli that clause 3 of Article 134 prohibits the commission of crimes and offenses not capital and that he had been charged with violation of 18 U.S.C. § 2252A. The military judge went on to explain the elements of knowingly and wrongfully…”
United States v. Richards, 659 F.3d 527 (6th Cir. 2011). “2007) ("[W]here a defendant has images stored in separate materials (as defined in 18 U.S.C. § 2252A), such as a computer, a book, and a magazine, the Government may charge multiple counts, each for the type of material or media possessed, as long as the prohibited images were…”
United States v. Chance Rearden, 349 F.3d 608 (9th Cir. 2003).
— 18 U.S.C. § 2252A(a)(l)(A) — 2 cases
United States v. Powers, 842 F.3d 177 (2d Cir. 2016).
United States v. Larry Caillier, II, 442 F. App'x 904 (5th Cir. 2011).
— 18 U.S.C. § 2252A(a)(l)(b) — 1 case
United States v. Jonathan Brinda, 321 F. App'x 464 (6th Cir. 2009).
— 18 U.S.C. § 2252A(a)(o)(B) — 1 case
United States v. David Hilton, 167 F.3d 61 (1st Cir. 1999).
— 18 U.S.C. § 2252A(b) — 41 cases
United States of Am. v Strickland - Opinion, 601 F.3d 963 (9th Cir. 2010). “He was sentenced pursuant to 18 U.S.C. § 2252A, which permits a sentencing enhancement if UNITED STATES v.”
United States v. Stuart Romm, 455 F.3d 990 (9th Cir. 2006).
United States v. Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011).
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008). “§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
United States v. Edward Sullivan, 797 F.3d 623 (9th Cir. 2015).
— 18 U.S.C. § 2252A(b)(1) — 100 cases
United States v. Jason Kushmaul, 984 F.3d 1359 (11th Cir. 2021).
United States v. Timothy Hardin, 998 F.3d 582 (4th Cir. 2021).
United States v. McGrattan, 504 F.3d 608 (6th Cir. 2007).
United States of Am. v Strickland - Opinion, 601 F.3d 963 (9th Cir. 2010). “He was sentenced pursuant to 18 U.S.C. § 2252A, which permits a sentencing enhancement if UNITED STATES v.”
United States v. Williams, 553 U.S. 285 (2008). “Section 503 of the Act amended 18 U.S.C. § 2252A to add a new pandering and solicitation provision, relevant portions of which now read as follows: "(a) Any person who— "(3) knowingly— .”
— 18 U.S.C. § 2252A(b)(2) — 157 cases
United States v. Bennett, 823 F.3d 1316 (10th Cir. 2016). “Bennett pleaded guilty to knowingly possessing child pornography under 18 U.S.C. § 2252A(a)(5)(B). 1 This was not Bennett’s first conviction for sex-related conduct involving children.”
United States v. David Ferguson, 681 F.3d 826 (6th Cir. 2012).
United States v. Farmer, 627 F.3d 416 (9th Cir. 2010).
United States v. Spence, 661 F.3d 194 (4th Cir. 2011).
United States v. King, 509 F.3d 1338 (11th Cir. 2007).
— 18 U.S.C. § 2252A(b)(2)(2007) — 1 case
United States v. Francis Dullea, 296 F. App'x 733 (11th Cir. 2008).
— 18 U.S.C. § 2252A(b)(5) — 1 case
United States v. Francis Dullea, 296 F. App'x 733 (11th Cir. 2008).
— 18 U.S.C. § 2252A(b)(i) — 1 case
United States v. Dennis Houston, 745 F.3d 863 (7th Cir. 2014).
— 18 U.S.C. § 2252A(b)(l) — 116 cases
United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007). “Subsequently, Hubbard was convicted on an unrelated federal charge of distributing child pornography in violation of 18 U.S.C. § 2252A(a)(2) and sentenced to 97 months in prison.”
United States v. Beardsley, 691 F.3d 252 (2d Cir. 2012). “One of the sentence-enhancement provisions of 18 U.S.C. § 2252A, in turn, provides that a person convicted under the statute of certain federal child pornography offenses “shall be fined under this title *258 and imprisoned not less than 5 years and not more than 20 years, but,…”
United States v. Aaron Wikkerink, 841 F.3d 327 (5th Cir. 2016).
United States v. McGrattan, 504 F.3d 608 (6th Cir. 2007).
United States v. James E. MacEwan, 445 F.3d 237 (3rd Cir. 2006). “The indictment charged him with three counts of receiving materials containing child pornography in violation of 18 U.S.C. § 2252A(a)(2')(B). MacEwan was first discovered to have violated the conditions of his probation on July 16, 2003, when his probation officer made an…”
— 18 U.S.C. § 2252A(c) — 21 cases
Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002).
United States v. Finch, 73 M.J. 144 (C.A.A.F. 2014). “Accordingly, we hold that the CCA did not err in holding that the maximum possible sentence was based on the analogous portions of 18 U.S.C. § 2252A, which address essentially the same offenses as charged in Finch’s case, and affirm that portion of the CCA’s decision.”
United States v. Fox, 248 F.3d 394 (5th Cir. 2001).
United States v. Hilton, 363 F.3d 58 (1st Cir. 2004).
United States v. Wolford, 62 M.J. 418 (C.A.A.F. 2006).
— 18 U.S.C. § 2252A(c)(2) — 2 cases
United States v. O'Rourke, 470 F. Supp. 2d 1049 (D. Ariz. 2007).
United States v. Hotaling, 599 F. Supp. 2d 306 (N.D.N.Y. 2008).
— 18 U.S.C. § 2252A(c)(l) — 1 case
United States v. Fox, 74 F. Supp. 2d 696 (E.D. Tex. 1999).
— 18 U.S.C. § 2252A(c)(l)(B) — 1 case
United States v. Hotaling, 599 F. Supp. 2d 306 (N.D.N.Y. 2008).
— 18 U.S.C. § 2252A(d) — 24 cases
United States v. Davenport, 519 F.3d 940 (9th Cir. 2008). “Legislative History of 18 U.S.C. § 2252A In 1996, Congress enacted 18 U.”
United States v. Miller, 527 F.3d 54 (3rd Cir. 2008). “§ 2252 and the comparable provisions of 18 U.S.C. § 2252A often converges. Section 2252(a)(2) prohibits the receipt of material "transported [in interstate or foreign commerce] by any means including by computer" that depicts "a minor engaging in sexually explicit conduct," and…”
United States v. Michael Aaron O'Keefe, 461 F.3d 1338 (11th Cir. 2006).
United States v. O'Connor, 58 M.J. 450 (C.A.A.F. 2003).
United States v. Runyan, 290 F.3d 223 (5th Cir. 2002).
— 18 U.S.C. § 2252A(e) — 2 cases
United States v. Sherr, 400 F. Supp. 2d 843 (D. Maryland 2005).
United States v. Sheer, 400 F. Supp. 2d 843 (D. Maryland 2005).
— 18 U.S.C. § 2252A(f) — 14 cases
Doe v. Boland (In re Boland), 596 B.R. 532 (6th Cir. BAP 2019).
Jane Doe v. Webgroup Czech Repub., A.S., 93 F.4th 442 (9th Cir. 2024).
Doe v. Oshrin, 299 F.R.D. 100 (D.N.J. 2014).
Jane Doe v. Dean Boland, 698 F.3d 877 (6th Cir. 2012).
Dean Boland v. Eric Holder, Jr., 682 F.3d 531 (6th Cir. 2012).
— 18 U.S.C. § 2252A(f)(1) — 2 cases
Doe 1 v. MG Freesites LTD (N.D. Ala. 2023).
Jane Doe v. Dean Boland (6th Cir. 2011).
— 18 U.S.C. § 2252A(f)(2)(B) — 1 case
Doe 1 v. MG Freesites LTD (N.D. Ala. 2023).
— 18 U.S.C. § 2252A(f)(l) — 2 cases
Doe v. Oshrin, 299 F.R.D. 100 (D.N.J. 2014).
Doe Ex Rel. Lora v. Boland, 630 F.3d 491 (6th Cir. 2011).
— 18 U.S.C. § 2252A(g) — 38 cases
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012). “§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
United States v. Timothy DeFoggi, 839 F.3d 701 (8th Cir. 2016).
United States v. Wayerski, 624 F.3d 1342 (11th Cir. 2010).
United States v. Sharif El-Battouty, 38 F.4th 327 (3rd Cir. 2022).
United States v. Steven Grovo, 826 F.3d 1207 (9th Cir. 2016).
— 18 U.S.C. § 2252A(g)(2) — 14 cases
United States v. McGarity, 669 F.3d 1218 (11th Cir. 2012). “§ 2251 (d)(1) and (2); and knowingly transporting and shipping child pornography, in violation of 18 U.S.C. § 2252A(a)(1). Lastly, to compensate for harm to one victim depicted in the child pornography found in the defendants' possession, the sentencing judge ordered restitution…”
United States v. Daniels, 653 F.3d 399 (6th Cir. 2011).
United States v. John Gries, 877 F.3d 255 (7th Cir. 2017).
United States v. Robert Daniels, 685 F.3d 1237 (11th Cir. 2012).
United States v. Randall Hollon, 948 F.3d 753 (6th Cir. 2020).
— 18 U.S.C. § 2252A(g)(l) — 1 case
United States v. Wayerski, 624 F.3d 1342 (11th Cir. 2010).
— 18 U.S.C. § 2252A(l)(a) — 1 case
United States v. McVicker, 979 F. Supp. 2d 1154 (D. Or. 2013).
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.