18 U.S.C. § 2256

Definitions for chapter

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For the purposes of this chapter, the term—(1) “minor” means any person under the age of eighteen years;(2)(A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated—(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;(ii) bestiality;(iii) masturbation;(iv) sadistic or masochistic abuse; or(v) lascivious exhibition of the anus, genitals, or pubic area of any person;(B) For purposes of subsection 8(B) 11 So in original. Probably should be “(8)(B)”. of this section, “sexually explicit conduct” means—(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;(ii) graphic or lascivious simulated;(I) bestiality;(II) masturbation; or(III) sadistic or masochistic abuse; or(iii) graphic or simulated lascivious exhibition of the anus, genitals, or pubic area of any person;(3) “producing” means producing, directing, manufacturing, issuing, publishing, or advertising;(4) “organization” means a person other than an individual;(5) “visual depiction” includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format;(6) “computer” has the meaning given that term in section 1030 of this title;(7) “custody or control” includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;(8) “child pornography” means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.(9) “identifiable minor”—(A) means a person—(i)(I) who was a minor at the time the visual depiction was created, adapted, or modified; or(II) whose image as a minor was used in creating, adapting, or modifying the visual depiction; and(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and(B) shall not be construed to require proof of the actual identity of the identifiable minor.(10) “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted; and(11) the term “indistinguishable” used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.(Added Pub. L. 95–225, § 2(a), Feb. 6, 1978, 92 Stat. 8, § 2253; renumbered § 2255 and amended Pub. L. 98–292, § 5, May 21, 1984, 98 Stat. 205; renumbered § 2256, Pub. L. 99–500, § 101(b) [title VII, § 703(a)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–74; Pub. L. 99–628, § 4, Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100–690, title VII, §§ 7511(c), 7512(b), Nov. 18, 1988, 102 Stat. 4485, 4486; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[2]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–27; Pub. L. 108–21, title V, § 502(a)–(c), Apr. 30, 2003, 117 Stat. 678, 679; Pub. L. 110–401, title III, § 302, Oct. 13, 2008, 122 Stat. 4242; Pub. L. 115–299, § 7(c), Dec. 7, 2018, 132 Stat. 4389.)Editorial NotesCodification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2018—Par. (2)(A)(v), (B)(iii). Pub. L. 115–299 substituted “anus, genitals, or” for “genitals or”.

2008—Par. (5). Pub. L. 110–401 struck out “and” before “data stored” and inserted “, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format” before semicolon at end.

2003—Par. (2). Pub. L. 108–21, § 502(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2) ‘sexually explicit conduct’ means actual or simulated—

“(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

“(B) bestiality;

“(C) masturbation;

“(D) sadistic or masochistic abuse; or

“(E) lascivious exhibition of the genitals or pubic area of any person;”.

Par. (8)(B). Pub. L. 108–21, § 502(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;”.

Par. (8)(C). Pub. L. 108–21, § 502(a)(2), substituted a period for “; or” at end.

Par. (8)(D). Pub. L. 108–21, § 502(a)(3), struck out subpar. (D) which read as follows: “such visual depiction is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct; and”.

Pars. (10), (11). Pub. L. 108–21, § 502(c), added pars. (10) and (11).

1996—Par. (5). Pub. L. 104–208, § 101(a) [title I, § 121[2(1)]], inserted “, and data stored on computer disk or by electronic means which is capable of conversion into a visual image” before semicolon at end.

Pars. (8), (9). Pub. L. 104–208, § 101(a) [title I, § 121[2(2)–(4)]], added pars. (8) and (9).

1988—Par. (6). Pub. L. 100–690, § 7511(c), added par. (6).

Par. (7). Pub. L. 100–690, § 7512(b), added par. (7).

1986—Pub. L. 99–500 and Pub. L. 99–591 renumbered section 2255 of this title as this section.

Par. (5). Pub. L. 99–628, which directed that par. (5) be added to section 2255 of this title, was executed by adding par. (5) to section 2256 of this title to reflect the probable intent of Congress and the renumbering of section 2255 as 2256 by Pub. L. 99–500 and Pub. L. 99–591.

1984—Pub. L. 98–292, § 5(b), renumbered section 2253 of this title as this section.

Par. (1). Pub. L. 98–292, § 5(a)(1), substituted “eighteen” for “sixteen”.

Par. (2)(D). Pub. L. 98–292, § 5(a)(2), (3), substituted “sadistic or masochistic” for “sado-masochistic” and struck out “(for the purpose of sexual stimulation)” after “abuse”.

Par. (2)(E). Pub. L. 98–292, § 5(a)(4), substituted “lascivious” for “lewd”.

Par. (3). Pub. L. 98–292, § 5(a)(5), struck out “, for pecuniary profit” after “advertising”.

Par. (4). Pub. L. 98–292, § 5(a)(6), substituted “ ‘organization’ means a person other than an individual” for “ ‘visual or print medium’ means any film, photograph, negative, slide, book, magazine, or other visual or print medium”.

Statutory Notes and Related SubsidiariesConfirmation of Intent of Congress in Enacting Sections 2252 and 2256 of This Title

For provisions declaring and confirming intent of Congress in enacting this section, see section 160003(a) of Pub. L. 103–322, set out as a note under section 2252 of this title.

Notes of Decisions

Cited in 1,111 cases (206 in the last 5 years), 1987–2026 · leading case: United States v. David P. Gnirke, 775 F.3d 1155 (9th Cir. 2015).

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United States v. David P. Gnirke, 775 F.3d 1155 (9th Cir. 2015). · cites it 45× “The panel therefore construed the condition to apply: (1) to any materials with depictions of “sexually explicit conduct” involving children, as defined by 18 U.S.C. § 2256 (2), and (2) to any materials with depictions of “sexually explicit conduct” involving adults, defined as…”

Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002). · cites it 16× “Section 2256(8)(B) prohibits "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture," that "is, or appears to be, of a minor engaging in sexually explicit conduct.”

United States v. Blouin, 74 M.J. 247 (C.A.A.F. 2015). · cites it 40× “Blouin was charged with possession of child pornography as defined in 18 U.S.C. § 2256 (8), in violation of Article 134(1), Uniform Code of Military Justice (UCMJ), 10 U.”

United States v. Broxmeyer, 699 F.3d 265 (2d Cir. 2012). · cites it 8× “2 Title 18 U.S.C. § 2256 (8)(A) defines “child pornography” to include, inter alia, “any visual depiction .”

United States v. Wolford, 62 M.J. 418 (C.A.A.F. 2006). · cites it 12× “[a] computer generated image”; and (2) using the “conveys the impression” language of § 2256(8)(D) in the affirmative defense instruction. At oral argument, Wolford made no reference to the introductory language argument and conceded that the affirmative defense instruction was…”

United States v. Charles Perkins, 850 F.3d 1109 (9th Cir. 2017). · cites it 8× “jpg image met the federal definition of child pornography under 18 U.S.C. § 2256 (2)(A)(v), the “lascivious exhibition of the genitals or UNITED STATES V.”

United States v. Beaty, 70 M.J. 39 (C.A.A.F. 2011). · cites it 14× “” 18 U.S.C. § 2256 (11) (2006). Moreover, the term “does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting 3 United States v.”

United States v. Vosburgh, 602 F.3d 512 (3rd Cir. 2010). · cites it 8× “" 18 U.S.C. § 2256 (5). Vosburgh argues that a "visual depiction" is defined, not as a particular image, but as the collection of bytes that is "capable of conversion" into that image.”

United States v. Cendejas, 62 M.J. 334 (C.A.A.F. 2006). · cites it 13× “§ 2252A(a)(5)(B) is found in 18 U.S.C. § 2256 (8)(B). 5 United States v.”

United States v. David Reinhart, 893 F.3d 606 (9th Cir. 2018). · cites it 13× “” This required the district court to look at the federal definition of “sexually explicit conduct,” a defined term within the definition of “child pornography” at 18 U.S.C. § 2256 (8). 1 Relying on this 1 [C]hild pornography is defined as “any visual depiction, including any…”

United States v. Stephen A. Knox, 32 F.3d 733 (3rd Cir. 1994). · cites it 13× “In his petition for certiorari, Knox presented four issues, most of which focus on whether there can be an “exhibition of the genitals or pubic area” under 18 U.S.C. § 2256 (2)(E) where the genitals and pubic area are fully covered by an article of clothing.”

United States v. Loren Samuel Williamson, 439 F.3d 1125 (9th Cir. 2006). · cites it 10× “” Similarly, paragraphs (d) through (i) authorize the seizure of books and magat zines, motion pictures, pictures and negatives, correspondence, receipts relating to shipment, address books, diaries, notebooks, and other materials related to the “visual depiction of minors…”

Show all 1,111 citing cases →

— 18 U.S.C. § 2256(1) — 1 case

United States v. Villard, 700 F. Supp. 803 (D.N.J. 1988).

— 18 U.S.C. § 2256(2) — 2 cases

United States v. Shwaryk, 448 F. App'x 106 (2d Cir. 2011).

United States v. Voelker (3rd Cir. 2007).

— 18 U.S.C. § 2256(2)(A) — 3 cases

United States v. Morris (N.M.C.C.A. 2014).

United States v. Voelker (3rd Cir. 2007).

United States v. Lohse, 993 F. Supp. 2d 947 (N.D. Iowa 2014).

— 18 U.S.C. § 2256(2)(A)(v) — 1 case

United States v. Nichols, 574 F.3d 633 (8th Cir. 2009).

— 18 U.S.C. § 2256(8) — 1 case

State v. Murphy, 206 So. 3d 219 (La. Ct. App. 2016).

— 18 U.S.C. § 2256(8)(A) — 1 case

United States v. Bernhard Jakits, 129 F.4th 314 (6th Cir. 2025).

— 18 U.S.C. § 2256(8)(B) — 1 case

Brasse v. State (Md. Ct. Spec. App. 2025).

— 18 U.S.C. § 2256(8)(C) — 1 case

People v. Lewis, 2026 NY Slip Op 01016 (N.Y. App. Div. 2026).

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