18 U.S.C. § 2427
Inclusion of offenses relating to child pornography in definition of sexual activity for which any person can be charged with a criminal offense
In this chapter, the term “sexual activity for which any person can be charged with a criminal offense” does not require interpersonal physical contact, and includes the production of child pornography, as defined in section 2256(8).
Notes of Decisions
Cited in 13
cases (8 in the last 5 years), 2011–2025 · leading case: United States v. Bernhard Jakits, 129 F.4th 314 (6th Cir. 2025).
United States v. Bernhard Jakits, 129 F.4th 314 (6th Cir. 2025). “However, 18 U.S.C § 2427 (2020) stipulates that “the term ‘sexual activity for which any person can be charged with a criminal offense’… includes the production of child pornography, as defined in section 2256(8).”
United States v. Taylor, 640 F.3d 255 (7th Cir. 2011). “18 U.S.C. § 2427 . Explicitly defining sexual activity to include producing child pornography was needed only if the term "sexual activity" requires contact, since the creation of pornography doesn't involve contact between the pornographer and another person; this is further…”
United States v. Mark Gould, 30 F.4th 538 (6th Cir. 2022). “” That phrase is defined in 18 U.S.C. § 2427 , which is located in Chapter 117—the same chapter containing Gould’s statute of conviction.”
United States v. Ryan Van Stevenson, 659 F. App'x 221 (6th Cir. 2016). “18 U.S.C. § 2427 . Rather, he simply claims that nothing that he did with regard to E.”
United States v. Gabriel Dominguez, 997 F.3d 1121 (11th Cir. 2021). “]” 18 U.S.C. § 2427 . Such production can be accomplished without interpersonal physical contact between the offender and the victim, as certain images of a minor doing things to himself or herself can constitute child pornography.”
United States v. Sweet, 107 F.4th 944 (10th Cir. 2024). “§ 2422 (b), as clarified by 18 U.S.C. § 2427 , includes the production of child pornography.”
United States v. Michael Macaluso, 460 F. App'x 862 (11th Cir. 2012). “18 U.S.C. § 2427 . Further, under the relevant state law, it is unlawful for anyone to entice or coerce a minor to engage in “any sexually explicit conduct for the purpose of producing” child pornography.”
United States v. Vonneida, 601 F. App'x 38 (2d Cir. 2015). “” See 18 U.S.C. § 2427 (“In this chapter, the term ‘sexual activity for which any person can be charged with a criminal offense’ includes the production of child pornography, as defined in section 2256(8).”
United States v. Jimenez (5th Cir. 2025). “Moreover, section 2256(8) defines child pornography as “the production of [a] visual depiction involv[ing] the use of a minor engaging in sexually explicit conduct.”
United States v. Dige (5th Cir. 2022). “Specifically, the term “sexual activity for which any person can be charged with a criminal offense” is defined in 18 U.S.C. § 2427 and includes “the production of child pornography.”
United States v. Gordon, 346 F. Supp. 3d 999 (E.D. Mich. 2018). “" 18 U.S.C. § 2427 . "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…”
United States v. Kenneth Owens (4th Cir. 2023). “While that attraction was mostly confined to picture requests, he did grope her 1 once while giving her a hug. [J.A. 112–13.] 2 Producing child pornography is the “criminal sexual activity” he was charged with trying to get his niece to engage in.”
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