Crimes and Consequences
If you exploit children online, you have committed a federal crime. Federal, state and local law enforcement are always monitoring Internet activity, ready to arrest predators. The consequences of those actions are clear, and unyielding:
From the U.S. Department of Justice:
The Child Exploitation and Obscenity Section (CEOS) of the Department of Justice prosecutes individuals who violate federal law by sexually exploiting children and enforces the federal obscenity laws. CEOS works in conjunction with the 93 United States Attorney Offices around the country to prosecute individuals who commit crimes in violation of federal statutes that encompass the sexual exploitation of children though the possession, receipt, distribution or manufacture of child pornography, the sexual abuse of children, and the trafficking of children for sexual activity. Additionally, with the assistance of its new High Tech Investigative Unit, CEOS places significant focus on crimes involving the use of the Internet to facilitate the sexual abuse of children or the trafficking of child pornography. When committed on federal or Indian lands, other forms of child sexual abuse also fall within the jurisdiction of CEOS and other federal prosecutors. In addition, CEOS implements the international parental kidnapping law. A very narrow category of child support cases also falls within federal jurisdiction. Finally, CEOS is also responsible for prosecutions under the federal obscenity laws, which criminalize the distribution of obscenity and the transfer of obscene material to minors.
Federal Child Pornography Statutes
| 18 USC § 2251 | Production of child pornography (mandatory min. 15 yrs; max 30 years) |
| 18 USC § 2251A | Selling or buying children for sexual exploitation (mandatory min. 30 yrs; max life) |
| 18 USC § 2252 | Possession, distribution and receipt of child pornography (mandatory min 5 yrs for distribution or receipt; max 20 years) |
| 18 USC § 2252A | Possession, distribution and receipt of child pornography (mandatory min 5 yrs for distribution or receipt; max 20 years) |
| 18 USC § 2260 | Importation of child pornography (max 10 years) |
Federal Child Obscenity Statutes
| 18 USC § 1460 | Possession with intent to sell, and sale of obscene matter on Federal property Penalties: Imprisonment for up to 2 years, and a fine of up to $250,000. |
| 18 USC § 1461 | Mailing obscene or crime-inciting matter. Penalties: Imprisonment for up to 5 years for a first offense (10 years for second and further offenses), and a fine of up to $250,000. |
| 18 USC § 1462 | Importation or transportation of obscene matter. Penalties: Imprisonment for up to 5 years for a first offense (10 years for second and further offenses), and a fine of up to $250,000. |
| 18 USC § 1463 | Mailing indecent matter on wrappers or envelopes. Penalties: Imprisonment for up to 5 years, and a fine of up to $250,000. |
| 18 USC § 1464 | Broadcasting obscene language. Penalties: Imprisonment for up to 2 years, and a fine of up to $250,000. |
| 18 USC § 1465 | Transportation of obscene matters for sale or distribution. Penalties: Imprisonment for up to 5 years, and a fine of up to $250,000. |
| 18 USC § 1466 | Engaging in the business of selling or transferring obscene matter. Penalties: Imprisonment for up to 5 years, and a fine of up to $250,000. |
| 18 USC § 1466A | Obscene visual representations of the sexual abuse of children. Penalties: For production, distribution, or receipt or possession with the intent to distribute: imprisonment for 5 to 20 years for a first offense, for between 15 and 40 years for persons with certain prior offenses, and a fine of up to $250,000; for possession: imprisonment for up to 10 years for a first offense, for between 10 and 20 years for persons with certain prior offenses, and a fine of up to $250,000. |
| 18 USC § 1468 | Distributing obscene material by cable or subscription television. Penalties: Imprisonment for up to 2 years, and a fine of up to $250,000. |
| 18 USC § 1470 | Transfer of Obscene Material to Minors Penalties: Imprisonment for up to 10 years, and a fine of up to $250,000. |
| 18 USC § 2252B | Misleading domain names on the Internet Penalties: For misleading a minor into viewing material harmful to minors-imprisonment for up to 4 years, and a fine of up to $250,000; for misleading a person into viewing obscene material-imprisonment for up to 2 years, and a fine of up to $250,000. |
In addition to prison terms and fines associated with these statutes, federal law also permits the Government to seek the criminal forfeiture of property used in the commission of an obscenity offense. See 18 U.S.C. § 1467. The Adam Walsh Child Protection and Safety Act of 2006 was created to strengthen Federal laws to protect children from sexual and other violent crimes, prevent child pornography, and make the Internet a safer place for kids. The act was signed into law in July of 2006, and includes the following provisions:
- Expanding The National Sex Offender Registry. The bill integrates the information in State sex offender registry systems and ensures law enforcement has access to the same information across the United States, helping prevent sex offenders from evading detection by moving from State to State.
- Strengthening Federal Penalties For Crimes Against Children. The bill imposes tough mandatory minimum penalties for the most serious crimes against children and increases penalties for crimes such as sex trafficking of children and child prostitution. It also provides grants to States to help them institutionalize sex offenders who have shown they cannot change their behavior and are about to be released from prison.
- Making It Harder For Sex Predators To Reach Our Children On The Internet. The bill authorized additional regional Internet Crimes Against Children (ICAC) Taskforces that will provide funding and training to help State and local law enforcement combat crimes involving the sexual exploitation of minors on the Internet.
- Creating A New National Child Abuse Registry And Requiring Investigators To Do Background Checks Of Adoptive And Foster Parents Before They Are Approved To Take Custody Of A Child. By giving child protective service professionals in all 50 States access to this critical information, we will improve their ability to investigate child abuse cases and help ensure that vulnerable children are not put into situations of abuse or neglect.
Click here to learn more about the federal statutes.
This project was supported by Grant No. 2007-JL-FX-K009 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document do not represent the official position or policies of the U.S. Department of Justice.
