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

18 U.S.C. § 2260

Production of sexually explicit depictions of a minor for importation into the United States

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(a)Use of Minor.—A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, intending that the visual depiction will be imported or transmitted into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c).(b)Use of Visual Depiction.—A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c).(c)Penalties.—(1) A person who violates subsection (a), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (e) of section 2251 for a violation of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions as described in that subsection.(2) A person who violates subsection (b), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (b)(1) of section 2252 for a violation of paragraph (1), (2), or (3) of subsection (a) of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions as described in subsection (b)(1) of section 2252.(Added Pub. L. 103–322, title XVI, § 160001(a), Sept. 13, 1994, 108 Stat. 2036, § 2258; renumbered § 2260, Pub. L. 104–294, title VI, § 601(i)(1), Oct. 11, 1996, 110 Stat. 3501; amended Pub. L. 109–248, title II, § 206(b)(5), July 27, 2006, 120 Stat. 614; Pub. L. 110–401, title III, § 303, Oct. 13, 2008, 122 Stat. 4242.)Editorial NotesAmendments

2008—Subsec. (a). Pub. L. 110–401 inserted “or for the purpose of transmitting a live visual depiction of such conduct” after “for the purpose of producing any visual depiction of such conduct” and “or transmitted” after “imported”.

2006—Subsec. (c). Pub. L. 109–248 amended subsec. (c) generally. Prior to amendment, text read as follows: “A person who violates subsection (a) or (b), or conspires or attempts to do so—

“(1) shall be fined under this title, imprisoned not more than 10 years, or both; and

“(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.”

1996—Pub. L. 104–294 renumbered section 2258, relating to production of sexually explicit depictions of minor, as this section.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1997–2026 · leading case: United States v. Thomas Cameron Kincade, 379 F.3d 813 (9th Cir. 2004).
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United States v. Thomas Cameron Kincade, 379 F.3d 813 (9th Cir. 2004). “§ 2232 (b); production of sexually explicit depictions of minors, 18 U.S.C. § 2260 ; the transfer of any obscene material to a minor, 18 U.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). · cites it 2× “§ 2257 (1) Failure to keep records of sexually explicit depictions 2 year's 18 U.S.C. § 2260 (a) Use of a minor in the production of sexually explicit de- Mandatory minimum term pictions of a minor for importation into the United States of imprisonment specified at section…”
United States v. Martinelli, 62 M.J. 52 (C.A.A.F. 2005). “, 18 U.S.C. § 2260 (b)(“a person who, outside the United States, knowingly receives, transports, .”
Jane Doe v. Webgroup Czech Repub., A.S., 93 F.4th 442 (9th Cir. 2024). “Third, Plaintiff alleged that the defendants violated 18 U.S.C. § 2260 (b), which generally prohibits persons outside Media, s.”
United States v. Gary Hardeman, 704 F.3d 1266 (9th Cir. 2013). · cites it 2× “*1267 OPINION GRABER, Circuit Judge: Title 18 U.S.C. § 2260 A criminalizes the commission of certain federal offenses involving a minor while the perpetrator is under a legal duty to register as a sex offender.”
United States v. Wesley L. Dawn, 129 F.3d 878 (7th Cir. 1997). “§ 2260 expressly proscribes the exploitation of minors abroad to create pornography for importation into the United States and in so doing unmistakably invokes the congressional authority to give domestic laws force beyond the borders of this country.”
United States v. Joe Coleman, 681 F. App'x 413 (5th Cir. 2017). “PER CURIAM: * Joe Coleman entered into a plea agreement for failure to register as a sex offender, in violation of 18 U.S.C. § 2260 (a). At sentencing, the district court found that Coleman’s 2000 conviction for criminal sexual conduct in the second degree under Minnesota…”
United States v. Troy Skinner, 70 F.4th 219 (4th Cir. 2023). “” 18 U.S.C. § 2260 (a) (emphasis added). When viewed alongside these provisions, § 2251(a)’s silence on overseas conduct reinforces our conclusion that the statute does not rebut the presumption against extraterritoriality.”
Jane Doe v. Webgroup Czech Repub., A.S., 89 F.4th 1188 (9th Cir. 2024). “Third, Plaintiff alleged that the defendants violated 18 U.S.C. § 2260 (b), which generally prohibits persons outside Media, s.”
United States v. McVicker, 979 F. Supp. 2d 1154 (D. Or. 2013). “See Nelson, 1995 WL 433960, at *1 (rejecting defendant’s argument that Congress’s enactment of what is now 18 U.S.C. § 2260 “indicated its belief that section 2251 did not extend extraterritorially”).”
United States v. Newton, 74 M.J. 69 (C.A.A.F. 2015). “Contrary to his pleas, a general court-martial composed of officer and enlisted members convicted Appellant of rape of a child under the age of twelve, indecent acts, wrongfully sending a lewd picture to a child under the age of eighteen, and knowingly failing to register as a…”
Pavulak v. United States, 248 F. Supp. 3d 546 (D. Del. 2017). “§ 2422(b); and (5) committing a felony offense involving a minor while registered as a sex offender, in violation of 18 U.S.C. § 2260 A. (D.I. 12; D.I. 13) In October 2009, movant moved for a Franks hearing and to suppress the evidence seized from his office and Yahoo account.”
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