(a) Any
personwho—
(1) knowingly transports or ships using any means or facility of interstate or
foreign commerce or in or affecting interstate or
foreign commerce by any means including by
computer or mails, any
visual depiction, if—
(A)
the
producing of such
visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(B)
such
visual depiction is of such conduct;
(2) knowingly receives, or distributes, any
visual depiction using any means or facility of interstate or
foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or
foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by
computer, or knowingly reproduces any
visual depiction for distribution using any means or facility of interstate or
foreign commerce or in or affecting interstate or
foreign commerce or through the mails, if—
(A)
the
producing of such
visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(B)
such
visual depiction is of such conduct;
(3) either—
(A)
in the special maritime and territorial jurisdiction of the
United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the
United States, or in the Indian country as defined in
section 1151 of this title, knowingly sells or possesses with intent to sell any
visual depiction; or
(B) knowingly sells or possesses with intent to sell any
visual depiction that has been mailed, shipped, or transported using any means or facility of interstate or
foreign commerce, or has been shipped or transported in or affecting interstate or
foreign commerce, or which was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or
foreign commerce, including by
computer,if—
(i)
the
producing of such
visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(ii)
such
visual depiction is of such conduct; or
(4) either—
(A)
in the special maritime and territorial jurisdiction of the
United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the
United States, or in the Indian country as defined in
section 1151 of this title, knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any
visual depiction; or
(B) knowingly possesses, or knowingly accesses with intent to view, 1 or more books, magazines, periodicals, films, video tapes, or other matter which contain any
visual depiction that has been mailed, or has been shipped or transported using any means or facility of interstate or
foreign commerce or in or affecting interstate or
foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by
computer,if—
(i)
the
producing of such
visual depiction involves the use of a
minor engaging in sexually explicit conduct; and
(ii)
such
visual depiction is of such conduct;
shall be punished as provided in subsection (b) of this section.
(b)
(1)
Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years, but if such
person has a prior conviction under this chapter, section 1591, chapter 71, chapter 109A, or chapter 117, or under
section 920 of title 10 (article 120 of the
Uniform Code of Military Justice), or under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a
minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of
child pornography, or sex trafficking of children, such
person shall be fined under this title and imprisoned for not less than 15 years nor more than 40 years.
(2)
Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if any
visual depiction involved in the
offense involved a prepubescent
minor or a
minor who had not attained 12 years of age, such
person shall be fined under this title and imprisoned for not more than 20 years, or if such
person has a prior conviction under this chapter, chapter 71, chapter 109A, or chapter 117, or under
section 920 of title 10 (article 120 of the
Uniform Code of Military Justice), or under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a
minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of
child pornography, such
person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.
(c)Affirmative Defense.—It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant—
(1)
possessed less than three matters containing any
visual depiction proscribed by that paragraph; and
(2) promptly and in good faith, and without retaining or allowing any
person, other than a law enforcement
agency, to access any
visual depictionor copy thereof—
(A)
took reasonable steps to destroy each such
visual depiction; or
(B)
reported the matter to a law enforcement
agency and afforded that
agency access to each such
visual depiction.
