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YOU MUST KNOW ABOUT COMMERCIAL SEX ACTS AND SEXUAL EXPLOITATION OF MINORS YOU MUST KNOW ABOUT COMMERCIAL SEX ACTS AND SEXUAL EXPLOITATION OF MINORS

Bronze medal Reporter Adv. John Posted 7 Jun 2019 Read More News and Blogs
YOU MUST KNOW ABOUT COMMERCIAL SEX ACTS AND SEXUAL EXPLOITATION OF MINORS

18 U.S.C. § 1466A (Obscene visual representations of the sexual abuse of children)

Section 1466A(a) prohibits knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind (including a drawing, cartoon, sculpture, or painting) that depicts a minor engaging in sexually explicit conduct and is obscene, or depicts (or appears to depict) a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal). Such visual depiction must also lack serious literary, artistic, political, or scientific value. This includes attempt and conspiracy.

 Penalties:

Section 1466A(a) includes attempt and conspiracy and provides a cross reference to 18 U.S.C. § 2252A(b)(1) (see below) for penalties.

 Section 1466A(b) prohibits knowingly possessing a visual depiction of any kind (including a drawing, cartoon, sculpture, or painting) that depicts a minor engaging in sexually explicit conduct and is obscene, or depicts (or appears to depict) a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal). Such visual depiction must also lack serious literary, artistic, political, or scientific value. This includes attempt and conspiracy.

 Penalties:

Section 1466A(b) includes attempt and conspiracy and provides a cross-reference to 18 U.S.C. § 2252A(b)(2) (see below) for penalties. Pursuant to § 1466A(c), the minor depicted does not have to actually exist.

18 U.S.C. § 1591 (Sex trafficking of children or by force, fraud, or coercion)

Prohibits knowingly recruiting, enticing, harboring, transporting, providing, obtaining, or maintaining by any means a person; or knowingly benefitting financially or otherwise, from participating in such an act; knowing that force, fraud or coercion will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act.

“Commercial sex act” means any sex act, on account of which anything of value is given to or received by any person. “Coercion” means threats of serious harm to or physical restraint against any person, any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person, or the abuse or threatened abuse of law or the legal process. “Venture” means a group of two or more individuals associated in fact.

Penalties:

 Subsection (b) provides for different penalties depending on whether the offense was effected by force, fraud, or coercion or, alternatively, if the minor had not reached the age of 14 years at the time of the offense. If the offense was so effected, there is a statutory minimum penalty of fifteen years and a statutory maximum of life in prison. If the offense was not so effected, and the minor was at least 14, but not yet 18, there is a statutory minimum of ten years and a maximum penalty of life in prison.


18 U.S.C. § 2251 (Sexual exploitation of children)

Section 2251(a) addresses general interactions with a minor. It prohibits employing, using, persuading, inducing, enticing, or coercing a minor, or transporting any minor in interstate or foreign commerce, with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct. Parents, legal guardians, and persons with custody or control of a minor are also forbidden from permitting the minor to engage in sexually explicit conduct to produce visual depiction thereof. Section 2251(b). Section 2251(c) prohibits employing, using, persuading, inducing, enticing, or coercing any minor to engage in any sexually explicit conduct outside of the United States to produce a visual depiction of such conduct. Finally, Section 2251(d) prohibits knowingly making, printing, or publishing an advertisement seeking or offering to receive, exchange, buy, produce, display, distribute, or reproduce any visual depiction of a minor engaging in sexually explicit conduct, or seeking or offering participation in any act of sexual conduct by or with a minor to produce a visual depiction. Section 2551(a)–(d) includes attempt and conspiracy.

 Penalties:

• Section 2251 includes attempt and conspiracy and has a statutory minimum penalty of 15 years and a maximum of 30 years in prison.

 • If the defendant has one prior conviction under chapter 110, section 1591, chapter 71, chapter 109A, chapter 117, section 920 of title 10, or any analogous state conviction, there is a statutory minimum penalty of 25 years and a maximum of 50 years in prison.

• If the defendant has two or more prior convictions, there is a statutory minimum penalty of 35 years and a maximum penalty of life in prison.

 • If in the course of an offense under this section, the conduct results in the death of a person, there is a statutory minimum penalty of 30 years and a maximum penalty of life in prison, and the death penalty applies.

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