Minors Cybercrime Federal Legislation

Minors Cybercrime Federal Legislation in the United States

Solicitation

  • 18 U.S.C. §§ 1470. Knowingly using the mail or any means of interstate or foreign commerce to transfer or attempt to transfer obscene matter to an individual who has not attained the age of 16 years is a crime punishable by fine, imprisonment of up to 10 years, or both.
  • 18 U.S.C. §§ 2422. (b) Using the mail or any facility or means of interstate or foreign commerce to entice or coerce someone younger than 18 years of age to engage in sexual activity is a crime punishable by fine and not less than 10 years imprisonment or life.
  • 18 U.S.C. §§ 2251. (a)-(e) Employing, using, persuading, inducing, enticing, or coercing a minor to engage in sexual conduct in order to create visual depiction of such conduct is a crime punishable by fine and imprisonment for not less than 15 years and not more than 30 years if the depiction was transported, including by computer, in interstate or foreign commerce. A parent or guardian who permits such activity described above shall be fined and imprisoned as above. Any person who commits the above offense in a foreign country or territory for the purpose of transporting the visual representation, including by computer, to the United States or its territories or possessions shall also be punished by the same penalty as above. Making, printing, or publishing a notice or advertisment to receive, exchange, buy, produce, display, distribute, or reproduce a visual depiction of a minor engaged in sexually explicit conduct is punishable by the same penalty as above.
  • 18 U.S.C. §§ 2252A. (a) (1)–(3) Knowingly reproducing, advertising, promoting, soliciting, mailing, transporting, receiving, or distributing by means of interstate or foreign commerce, including by computer, any child pornography or a visual depiction of a minor engaging in sexually explicit conduct is punishable by fine and imprisonment of not less than five years and not more than 20 years.
  • 18 U.S.C. §§ 2252A. (5)–(6) Knowingly possessing in any United States territory any visual depiction of child pornography or possessing any visual depiction of child pornography that was mailed or shipped, including by computer, through interstate or foreign commerce is a crime punishable by fine or imprisonment for not more than 10 years, or both.
  • 18 U.S.C. §§ 2252B. (b) Knowingly using a misleading domain name to deceive a minor into viewing a harmful Web site is a crime punishable by a fine and imprisonment of no more than ten years, or both.
  • 42 U.S.C. §§ 16944. (a) The Attorney General shall expand federal, state, and local law enforcement and prosecutor training to help them respond to the threat of sex offenders using the Internet and other technology to solicit children. (b) The Attorney General shall deploy technology to all Internet Crimes Against Children Task Forces to track child exploitation.

CyberPornography

  • 18 U.S.C. §§ 2251. (a)-(e) Employing, using, persuading, inducing, enticing, or coercing a minor to engage in sexual conduct in order to create visual depiction of such conduct is a crime punishable by fine and imprisonment for not less than 15 years and not more than 30 years if the depiction was transported, including by computer, in interstate or foreign commerce. A parent or guardian who permits such activity described above shall be fined and imprisoned as above. Any person who commits the above offense in a foreign country
    or territory for the purpose of transporting the visual representation, including by computer, to the United States or its territories or possessions shall also be punished by the same penalty as above. Making, printing, or publishing a notice or advertisment to receive, exchange, buy, produce, display, distribute, or reproduce a visual depiction of a minor engaged in sexually explicit conduct is punishable by the same penalty as above.
  • 18 U.S.C. §§ 2252. (a) Reproducing, transporting or shipping, including by computer, a visual depiction of a minor engaging in sexually explicit conduct is a crime punishable by fine and imprisonment for not less than five years and not more than 20 years. (b)(1) Persons with prior convictions are subject to sentence of 15 to 40 years.
  • 18 U.S.C. §§ 2252A. (a) (1)–(3) Knowingly reproducing, advertising, promoting, soliciting, mailing, transporting, receiving, or distributing in interstate or foreign commerce, including by computer, any child pornography or depiction of a minor engaging in sexually explicit conduct is punishable by fine and imprisonment of not less than five years and not more than 20 years. (5)–(6) Knowingly possessing in any United States territory any visual depiction of child pornography or possessing any visual depiction of child pornography that was mailed or shipped, including by computer, through interstate or foreign commerce is a crime punishable by fine or imprisoned for not more than 10 years, or both.
  • 18 U.S.C. §§ 2252B. (b) Knowingly using a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet is a crime punishable by fine or imprisonment not more than 10 years, or both. (d) This section defines “material that is harmful to minors” as any communication, consisting of nudity, sex, or excretion that predominantly appeals to the prurient interest of minors or is offensive to prevailing standards of suitable materials for minors.
  • 18 U.S.C. §§ 2252C. (b) Knowingly embedding words or digital images into the source code of a Website with the intent to deceive a minor into viewing material harmful to minors on the Internet is a crime punishable by fine and imprisonment for not more than 20 years.
  • 18 U.S.C. §§ 2256. Defines terms used in Chapter 110 — Sexual Exploitation and Other Abuse of Children. Defines “minor” as any person younger than 18 years of age. Also defines “sexually explicit conduct,” “visual depiction,” “child pornography,” and other terms.
  • 18 U.S.C. §§ 2257. Failing to give individually identifiable records pertaining to every performer engaged in a visual depiction of sexual activity contained in a publication or Website is a crime punishable by fine and no more than five years in jail, or both.(i) Prior conviction for the same offense is punishable by two to ten years.
  • 42 U.S.C. §§ 13032. Knowingly and willfully failing to report child pornography to the Cyber Tip Line at the National Center for Missing and Expoited Children, while engaged to provide electronic communication service, is a crime punishable by fine of not more than $50,000.
  • 47 U.S.C. §§ 223. (a) (1) (A) Knowingly using a telecommunications device to make, create, solicit, or initiate transmission of a comment, request, suggestion, proposal, or image which is obscene or is child pornography with intent to harass another person; or (B) knowingly using a telecommunications device to make, create, solicit, or initiate transmission of any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, knowing that the recipient of the communication is under 18 years of age, to harass any person; or (E) repeatedly initiating communications with a telephone or a telecommunications device to harass are all crimes punishable by fine and imprisonment for not more than two years, or both. (d) Using an interactive computer service to send or display to a person under the age of 18 a comment, image, or communication that depicts or describes sexual or excretory activities or organs is punishable by imprisonment for not more than two years, or fine, or both.
  • 47 U.S.C. §§ 231. (a) (1) Knowingly making available to minors by World Wide Web any interstate or foreign commerce material that is harmful to minors shall be punished by fine of not more than $50,000, imprisonment of not more than 6 months, or both. (3) Each day of violation of paragraph (1) constitutes a separate violation with a civil penalty of not more than $50,000.00 for each violation.
  • 47 U.S.C. §§ 254. (h) (5) (A) An elementary or secondary school may not receive discounts to Internet access by service providers unless its administrative authority submits a certification to the Federal Communications Commission that an Internet safety policy has been adopted and implemented. (B) The school must certify that it is enforcing a policy of Internet safety for minors that includes monitoring online activities by minors and the operation of technology that protects minors from accessing visual depictions that are obscene, child pornography, or harmful to minors.
  • P.L. No. 104-104, Title V. Sec. 501, 110 Stat. 56, 133 Feb. 8, 1996. The Communications Decency Act of 1996 modified the Communications Act of 1934 (47 U.S.C §§ 609) to ban transmission of obscene or indecent content over the Internet. The law was overturned by the U.S. Supreme Court on June 26, 1997 (No. 96-511) Reno v. American Civil Liberties Union, 521 U.S. 844 (1997).
  • P.L. No. 105-277 Title XIII, 112 Stat. 2681, 2681- 728. Oct. 21, 1998. The Child Online Privacy Protection Act of 1998 prohibits an operator of a website or online service directed to children, or any operator having actual knowledge that it is doing so, from unlawful and deceptive practices in the collection of personal information.
  • P.L. No. 105-277 Title XIV, 112 Stat. 2681, 2681- 736. Oct. 21, 1998. The Child Online Protection Act of 1998 modified the Communications Act of 1934 (47 U.S.C §§ 609) to prescribe civil and criminal penalties for any person who, in interstate or foreign commerce, by means of the World Wide Web, makes any communication for commercial purposes that is available to any person under 17 years of age and that includes material that is harmful to such minors. The law was struck down by a District Court judge on March 22, 2007. The ruling was upheld on July 22, 2008, by the 3rd U.S. Circuit Court of Appeals and by the U.S. Supreme Court when, on January 21, 2009, it refused to hear the case.
  • P.L. No. 110-452 122 Stat. 5025. Dec. 2, 2008. The Child Safe Viewing Act of 2007 requires the Federal Communications Commission (FCC) to consider advanced blocking technologies.

CyberHarassment / CyberBullying

  • 47 U.S.C. §§ 223. (a) (1) (A) Knowingly using a telecommunications device to make, create, solicit, or initiate transmission of a comment, request, suggestion, proposal, or image which is obscene or is child pornography with intent to harass another person; or (B) knowingly using a telecommunications device to make, create, solicit, or initiate transmission of any comment, request, suggestion, proposal, image, or other communication which is obscene or child pornography, knowing that the recipient of the communication is under 18 years of age, to harass any person; or (E) repeatedly initiating communications with a telecommunications device to harass are all crimes punishable by fine and
    imprisonment for not more than two years, or both.

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