Sex Crimes, Sex Offenders What do this actually mean 18 USC 2252A? - also when did 18 USC 2252A become law? was

[rainbowsky]

I was just reading about someone who accidently ended up with a questionable picture online. Now does 18 USC 2252A mean that if this person accidently got a picture or had a copy of less than 3 images & then destoyed it, that person would not be charged as below says?

(d) Affirmative Defense.--It shall be an affirmative defense to a
charge of violating subsection (a)(5) that the defendant--
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to access
any image or copy thereof--
(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and
afforded that agency access to each such image

 

[army judge]

Re: What do this actually mean 18 USC 2252A? - also when did 18 USC 2252A become law?

An affirmative defense must be put forth at trial.

Affirmative defenses do not prevent law enforcement from arresting you, or prosecutors from indicting you.

So, even one inappropriate picture can get you arrested.

It can also get you convicted.


Sent from my iPhone using Tapatalk

 

[rainbowsky]

So what would be the likely outcome to someone if they accidently got an inappropriate picture but then destroyed it upon closer examination.

 

[army judge]

So what would be the likely outcome to someone if they accidently got an inappropriate picture but then destroyed it upon closer examination.

Do you mean the picture was sent to you?
If you destroyed it, most likely no problem.

Do you mean, you took the picture and later destroyed it?
You could be charged, but destroying it could be part of the affirmative defense you mentioned.

 

[rainbowsky]

No well I was actually reading about someone online who got sent some pictures online and later looked closer at one of them and one of them he thought could possibly seen as something borderline, along the lines of Bronzino's An Allegory with Venus and Cupid painting. So deleted it and got rid of it a few years ago and is no longer in possesion of it.

 

[army judge]

No well I was actually reading about someone online who got sent some pictures online and later looked closer at one of them and one of them he thought could possibly seen as something borderline, along the lines of Bronzino's An Allegory with Venus and Cupid painting. So deleted it and got rid of it a few years ago and is no longer in possesion of it.

If it was sent to someone unsolicited, there most likely would be no legal penalty.
The fact that the receiver destroyed the unsolicited picture would also buttress that positive outcome.

If this happened years ago, all the more likely that nothing further will come of this.

 

[rainbowsky]

I think the guy either got sent photos in an email that were nudist pics and one of them was a little borderline so deleted that one from his email and is no longer in possesion with that or the PC and it was years ago.

 

[army judge]

Child pornography doesn't arrive unsolicited.

If it does it should be reported to the authorities.

I've given you all the help I can or care to at this point on this subject.

If you know of illegal activity, report it to your nearest police agency.

If you were involved in this mess, get a good lawyer.

The feds may come knocking!!!

TITLE 18 > PART I > CHAPTER 110 > § 2252
§ 2252. Certain activities relating to material involving the sexual exploitation of minors

(a) Any person who—
(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 71section 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 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 depiction or 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.
(d) Affirmative Defense.— It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant—
(1) possessed less than three images of child pornography; and
(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof—
(A) took reasonable steps to destroy each such image; or
(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.
(e) Admissibility of Evidence.— On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.
(f) Civil Remedies.—
(1) In general.— Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or section 1466A may commence a civil action for the relief set forth in paragraph (2).
(2) Relief.— In any action commenced in accordance with paragraph (1), the court may award appropriate relief, including—
(A) temporary, preliminary, or permanent injunctive relief;
(B) compensatory and punitive damages; and
(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.
(g) Child Exploitation Enterprises.—
(1) Whoever engages in a child exploitation enterprise shall be fined under this title and imprisoned for any term of years not less than 20 or for life.
(2) A person engages in a child exploitation enterprise for the purposes of this section if the person violates section 1591, section 1201 if the victim is a minor, or chapter 109A (involving a minor victim), 110 (except for sections 2257 and 2257A), or 117 (involving a minor victim), as a part of a series of felony violations constituting three or more separate incidents and involving more than one victim, and commits those offenses in concert with three or more other persons.

 

[rainbowsky]

No I have never been involved in anything like this nor do I know of anything like this going on, people who are involved in anything like this are sick, I can find a link to the guy who said he saw something online that he thought wasn't good, I think he may have been refering to one of Bronzino's paintings which is as far as I know in art galleries? So I don't think theres anything illegal about Bronzino's painting.

 

[FievelJ]

Simulated and or drawn

I rarely see anyone discussing this issue. But it is a part of the law. It's also very vague of just what's excepted as legal,, and what's not.
I feel as though, as long as *any* child is being harmed, the adult in the matter should go to jail. But for something which can be drawn, or written about from one's imagination, should be legal. But this should be constrained with restrictions. People who draw and write such material, should register their names, promising they are not doing so from real life. I've written a much longer, more detailed file on all of this.
No one who has already been convicted, or jailed for these type of crimes, can get a legal permit for writing, or drawing such material. Some individuals can, but only in certain cases. 1st,, only offense. Rehabilitation. But only to an extent. Pretty much,, you have to have a *Very* clean record, before getting such a permit for drawing or writing stories containing such material.

The laws on it are still not the clearest thing in the world though.
Not here in the US anyway...


What Do Others Think? :yes::yes: ??




Fieve...