Federal
Statutes Relating to Crimes Against Children
The Federal
Bureau of Investigation exercises jurisdiction and
investigative responsibilities pursuant to the following
federal statutes that pertain to various crimes against
children. The following are summaries from the Federal
Criminal Code and Rules under Title 18 of the
United States Code (USC). Federal law defines
a "minor" as a child under the age of eighteen
unless specified otherwise.
Section
228. Failure to Pay Legal Child Support Obligations
- It
is a misdemeanor offense for any person who willfully
fails to pay a support obligation with respect
to a child who resides in another State, if such
obligation has remained unpaid for a period longer
than 1 year or is greater than $5,000. It is a
felony offense for the same violation if such obligation
has remained unpaid for a period longer than 2
years, or is greater than $10,000.
- It
is a misdemeanor offense for any person who willfully
travels in interstate or foreign commerce with
the intent to evade a child support obligation,
if such obligation has remained unpaid for a period
longer than 1 year or is greater than $5,000. It
is a felony offense for the same violation if such
obligation has remained unpaid for a period longer
than 2 years or is greater than $10,000.
- The
court shall order mandatory restitution under Title
18 USC Section 3663A -- Mandatory Restitution to
Victims of Certain Crimes in an amount equal to
the total unpaid support obligation as it exists
at the time of sentencing upon receiving a conviction
under a violation within this section.
Section
1073. Unlawful Flight to Avoid Prosecution
- Whoever
moves or travels in interstate or foreign commerce
with the intent to avoid prosecution, custody,
or confinement after conviction for the commission
or attempted commission of a felony.
- Congress
has declared Section 1073 as applicable in cases
involving parental kidnapping and interstate or
international flight to avoid prosecution under
applicable state felony statutes. In these cases,
a federal warrant based on a state kidnapping charge
may be issued for the arrest of the abducting parent.
Section
1201. Kidnapping
- Whoever
unlawfully seizes, confines, inveigles, decoys,
kidnaps, abducts, or carries away and holds any
person who has not attained the age of eighteen
when the person is willfully transported in interstate
or foreign commerce.
Section
1204. International Parental Kidnapping
- Whoever
removes a child under 16-years of age from the
United States or retains a child (who has been
in the U.S.) outside the United States with the
intent to obstruct the lawful exercise of parental
rights.
- Under
this statute the term "child" is defined
as a person who has not attained the age of 16
years and "parental rights," with respect
to a child, means the right to joint or sole physical
custody of the child.
- Circumstances
when the abducting parent is fleeing from an incidence
or pattern of domestic violence, or when a parent
fails to return a child for reasons beyond their
control and has notified the other parent within
24 hours, are excluded from prosecution under this
Section.
Section
1462. Importation or Transportation of Obscene
Matters
- Whoever
brings into the United States, or any place subject
to the jurisdiction thereof, or knowingly uses
any express company, other common carrier, or interactive
computer service for carriage in interstate or
foreign commerce any obscene, lewd, lascivious,
or filthy book, pamphlet, picture, motion-picture
film, paper, letter, writing, print, or other matter
of indecent character.
- Whoever
knowingly takes or receives from such express company,
other common carrier, or interactive computer service
any matter or thing where the carriage or importation
of which is unlawful as described above.
Section
1465. Transportation of Obscene Matters for Sale
or Distribution
- Whoever
knowingly transports or travels in, or uses a facility
or means of interstate or foreign commerce or an
interactive computer service, for the purpose of
sale or distribution of any obscene, lewd, lascivious,
or filthy book, pamphlet, picture, motion-picture
film, paper, letter, writing, print, or other matter
of indecent character material in interstate or
foreign commerce.
Section
1466. Engaging in the Business of Selling or Transferring
Obscene Matter
- Whoever
is engaged in the business of selling or transferring
obscene matter, who knowingly receives or possesses
with intent to distribute any obscene book, magazine,
picture, paper, film, videotape, or audio recording,
which has been shipped or transported in interstate
or foreign commerce.
Section
1467. Criminal Forfeiture
- A
person who is convicted of an offense involving
obscene material shall forfeit to the United States
any obscene material produced, transported, mailed,
shipped, or received in violation of Sections 1462-1466;
any property constituting gross profits or other
proceeds obtained from such offenses; and any property
used or intended to be used to commit or to promote
the commission of such offenses.
Section
1470. Transfer of Obscene Material to Minors
- Whoever,
using the mail or any facility or means of interstate
or foreign commerce, knowingly transfers or attempts
to transfer obscene material to another individual
who has not attained the age of 16 years.
Section
2241(a)(c). Aggravated Sexual Abuse
- Whoever,
in the territorial jurisdiction of the Unites States
or in a federal prison knowingly causes or attempts
to cause another person to engage in a sexual act
by using force against that other person, threatening
or placing them in fear that another person will
be subjected to death, serious bodily injury, or
kidnapping.
- Whoever
knowingly crosses a state line with intent to engage
in a sexual act with a person who has not attained
the age of 12 years; or in the territorial jurisdiction
of the Unites States or in a federal prison engages
in a sexual act with a person who has not attained
the age of 12 years; or whoever engages in a sexual
activity by using force, threat, or other means
described above, with an individual who has attained
12 years but has not attained 16 years of age.
Section
2243. Sexual Abuse of a Minor or Ward
- Whoever,
in the territorial jurisdiction of the Unites States
or in a federal prison knowingly engages in a sexual
act (or attempts to do so) with another person
who has attained the age of 12 years but not 16
years and is at least four years younger than the
person so engaging.
Section
2251(a)(b)(c). Sexual Exploitation of Children
- Any
person who 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 in interstate or foreign
commerce with the intent that such minor engage
in, any sexually explicit conduct for the purpose
of producing any visual depiction of such conduct.
This statute applies when the person knows that
such visual depiction will be, or has actually
been, transported in interstate or foreign commerce
or mailed.
- Any
parent, legal guardian, person, or organization
having custody or control of a minor who knowingly
permits such minor to engage in or assists any
person to engage in sexually explicit conduct for
the purpose of producing any visual depiction of
such conduct. This statute also applies if such
visual depiction will be or has actually been transported
in interstate or foreign commerce, mailed, and/or
such depiction was produced with materials that
have been mailed, shipped, or transported in interstate
or foreign commerce by any means, including by
computer.
- Any
person, who knowingly prints, publishes, or causes
to be made, any notice or advertisement seeking
or offering to receive, exchange, buy, produce,
display, distribute, or reproduce any visual depiction
involving the use of a minor engaging in sexually
explicit conduct. This statute also applies when
such person knows that such notice or advertisement
will be, or has been, transported in interstate
or foreign commerce by any means, including by
computer.
Section
2251A(a)(b). Selling or Buying of Children
- Any
parent, legal guardian, or other person having
custody or control of a minor who sells, offers
to sell, or otherwise transfers custody or control
of such minor with knowledge that, as a consequence
of the sale or transfer, the minor will be portrayed
in a visual depiction engaging in, or assisting
another person to engage in sexually explicit conduct.
- Any
person who purchases, offers to purchase, or otherwise
obtains custody or control of a minor with knowledge
that, as a consequence of the sale or transfer,
the minor will be portrayed in a visual depiction
engaging in, or assisting another person to engage
in sexually explicit conduct.
Section
2252. Certain Activities Relating to Material Involving
the Sexual Exploitation of Minors
- Any
person who knowingly possesses in the territorial
jurisdiction of the United States one or more images,
books, magazines, periodicals, films, videotapes,
or other matter which contain any visual depiction
of a minor engaged in sexually explicit conduct.
- Any
person who knowingly transports or ships in interstate
or foreign commerce, by any means including by
computer or mail, any visual depiction of a minor
engaged in sexually explicit conduct.
- Any
person who knowingly receives, reproduces, or distributes
any visual depiction of a minor engaged in sexually
explicit conduct that has been mailed, or has been
shipped or transported in interstate or foreign
commerce.
- Any
person who knowingly sells, or possesses with intent
to sell, any visual depiction of a minor engaged
in sexually explicit conduct that has been mailed,
or has been shipped or transported in interstate
or foreign commerce.
Section
2252A. Certain Activities Relating to Material
Constituting or Containing Child Pornography
- Any
person who knowingly mails, transports, or ships
in interstate or foreign commerce child pornography
by any means, including by computer.
- Any
person who knowingly receives or distributes any
child pornography or any book, magazine, film,
videotape, computer disk, or any other material
containing child pornography that has been mailed,
transported, or shipped in interstate or foreign
commerce by any means, including by computer.
- Any
person who knowingly reproduces any child pornography
for distribution through the mail, or in interstate
or foreign commerce by any means, including by
computer.
- Any
person who knowingly sells or possesses with the
intent to sell any child pornography.
- At
times, portions of this Section may not apply when
the individual is in possession of less than three
child pornography images and in good faith promptly
took reasonable steps to destroy each image, report
the matter to a law enforcement agency, and/or
afford that agency access to the image.
Section
2253. Criminal Forfeiture and Section 2254. Civil
Forfeiture
- A
person who is convicted of an offense under Sections
2251, 2251A, 2252, 2252A, 2260 or Sections 2421,
2422, 2423 shall forfeit any visual depiction described
in Section 2251, 2251A, 2252; any property constituting
gross profits or other proceeds obtained from such
offense; and any property used or intended to be
used to commit or to promote the commission of
the above offenses.
Section
2260(a)(b). Production of Sexually Explicit Depictions
of a Minor for Importation into the United States
- A
person outside the U.S. who 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 in with
the intent that such minor engage in any sexually
explicit conduct for the purpose of producing any
visual depiction of such conduct, intending that
the visual depiction will be imported into the
U.S. or waters within 12 miles of a U.S. coast.
- A
person outside the U.S. who knowingly receives,
transports, ships, distributes, or possesses with
intent to transport, ship, sell or distribute any
visual depiction of a minor engaged in sexually
explicit conduct, intending that the visual depiction
will be imported into the U.S. or waters within
12 miles of a U.S. coast.
Section
2421. Transportation Generally
- Whoever
knowingly transports any individual in interstate
or foreign commerce, or in any Territory or Possession
of the United States, with intent that such individual
engage in prostitution or in any sexual activity
for which any person can be charged with a criminal
offense.
Section
2422. Coercion and Enticement
- Whoever
knowingly persuades, induces, entices, or coerces
any individual to travel in interstate or foreign
commerce, or in any Territory or Possession of
the United States, to engage in prostitution or
in any sexual activity for which any person can
be charged with a criminal offense.
Section
2423(a). Transportation of Minors with Intent to
Engage in Criminal Sexual Activity
- Whoever
knowingly transports or attempts to transport any
individual under the age of 18 years in interstate
or foreign commerce, or in any Territory or Possession
of the United States, with intent that the individual
engage in prostitution or in any sexual activity
for which any person can be charged with a criminal
offense.
Section
2423(b). Interstate or Foreign Travel with Intent
to Engage in a Sexual Act with a Juvenile
- Whoever
knowingly travels or conspires to do so in interstate
or foreign commerce, or in any Territory or Possession
of the United States, with the intent to engage
in any sexual activity with a person under 18 years
of age for which any person can be charged with
a criminal offense.
Section
2425. Use of Interstate Facilities to Transmit
Information About a Minor
- Whoever,
using the mail or any facility or means of interstate
or foreign commerce, knowingly initiates or attempts
to initiate the transmission of the name, address,
telephone number, social security number, or electronic
mail address of any individual who has not attained
the age of 16 years with the intent to entice,
encourage, offer, or solicit that minor to engage
in any sexual activity that can be charged as a
criminal offense.
The following
statute is a summary from the Federal Criminal Code
and Rules under Title 42 of the United States
Code (USC).
Section 13032. Reporting of Child Pornography by Electronic Communication
Service Providers
- Creates
a mandatory reporting requirement for electronic
communication service providers, Internet Service
Providers, and remote computing service providers
to report violations of federal child pornography
laws to any law enforcement agency and/or the National
Center for Missing and Exploited Children.
Section
14072. Pam Lychner Sexual Offender Tracking and
Identification Act of 1996
- A
registered sex offender must notify and register
with both the FBI and state authorities within
10 days of moving to a new state. Registration
includes providing a current address, fingerprints,
and photograph for inclusion in the FBI's National
Sex Offender Registry (NSOR).
Individual
FBI Field Offices serve as primary points of contact
for persons requesting FBI assistance. For further
information about FBI services or to request assistance,
please contact a Crimes Against Children Coordinator
at your local FBI Field Office.
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