§ 13032. Reporting of child pornography by electronic communication service providers
Duty to report.— Whoever, while engaged in providing an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, involving child pornography (as defined in section 2256 of that title), or a violation of section 1466A of that title, is apparent, shall, as soon as reasonably possible, make a report of such facts or circumstances to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report to a law enforcement agency or agencies designated by the Attorney General.
(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature;
[...]
This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
§ 1466A. Obscene visual representations of the sexual abuse of children
[...]
(a) In General.— Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that— (1) (A) depicts a minor engaging in sexually explicit conduct; and (B) is obscene; or (2) (A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and (B) lacks serious literary, artistic, political, or scientific value; or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A (b)(1), including the penalties provided for cases involving a prior conviction. (b) Additional Offenses.— Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting,
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no subject
Date: 2007-08-09 05:13 am (UTC)no subject
Date: 2007-08-09 05:24 am (UTC)"Title 42 U.S.C. 13032 [...] passed in 1999"
no subject
Date: 2007-08-09 05:28 am (UTC)http://www4.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00013032----000-.html
TITLE 42 > CHAPTER 132 > SUBCHAPTER IV > § 13032
§ 13032. Reporting of child pornography by electronic communication service providers
Duty to report.— Whoever, while engaged in providing an electronic communication service or a remote computing service to the public, through a facility or means of interstate or foreign commerce, obtains knowledge of facts or circumstances from which a violation of section 2251, 2251A, 2252, 2252A, 2252B, or 2260 of title 18, involving child pornography (as defined in section 2256 of that title), or a violation of section 1466A of that title, is apparent, shall, as soon as reasonably possible, make a report of such facts or circumstances to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report to a law enforcement agency or agencies designated by the Attorney General.
no subject
Date: 2007-08-09 05:33 am (UTC)TITLE 18 > PART I > CHAPTER 110 > § 2256
§ 2256. Definitions for chapter
9) “identifiable minor”—
(A) means a person—
[...]
(ii) who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature;
[...]
This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.
no subject
Date: 2007-08-09 05:46 am (UTC)http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00001466---A000-.html
TITLE 18 > PART I > CHAPTER 71 > § 1466A
§ 1466A. Obscene visual representations of the sexual abuse of children
[...]
(a) In General.— Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—
(1)
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;
or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A (b)(1), including the penalties provided for cases involving a prior conviction.
(b) Additional Offenses.— Any person who, in a circumstance described in subsection (d), knowingly possesses a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting,