PUBLIC LAW 9 5 - 2 2 5 — F E B . 6, 1978 92 STAT.
Public Law 95-225
95th Congress
An Act
To amend title 18 of the United States Code relating to the sexual exploitation of Feb. 6, 1978
minors, and for other purposes. [S. 1585]
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ T h a t this Act may be Protection of
cited as the "Protection of Children Against Sexual Exploitation Act Children Against
of 1977". Sexual
SEC. 2. (a) Title 18, United States Code, is amended by inserting Exploitation Act
of 1977.
immediately after chapter 109 the following: 18 u s e 2251
note.
"Chapter 110—SEXUAL E X P L O I T A T I O N OF C H I L D R E N
"See.
"2251. Sexual exploitation of children.
"2252. Certain activities relating to material involving the sexual exploitation
of minors.
"2253. Definitions for chapter.
"§ 2251. Sexual exploitation of children 18 u s e 2251.
" ( a ) A n y person who employs, uses, persuades, induces, entices, or
coerces any minor to engage in, or who has a minor assist any other
person to engage in, any sexually exjilicit conduct for the purjiose of
producing any visual or p r i n t medium depicting such conduct, shall
be punished as provided under subsection ( c ) , if such person knows
or has reason to know t h a t such visual or p r i n t medium will be trans-
ported in interstate or foreign commerce or mailed, or if such visual or
print medium has actually been transported in interstate or foreign
commerce or mailed.
" ( b ) A n y parent, legal guardian, or person having custody or con-
trol of a minor who knowingly permits such minor to engage in, or to
assist any otlier person to engage in, sexually explicit conduct for the
jnirpose of producing any visual or p r i n t medium depicting such con-
duct shall be punished as provided under subsection (c) of this section,
if such parent, legal guardian, or person knows or has reason to know
that such visual or p r i n t medium will be transported in interstate or
foreign commerce or mailed or if such visual or p r i n t medium has actu-
ally been transported in interstate or foreign commerce or mailed.
" ( c ) A n y person who violates this section shall be fined not more Penalty.
than $10,000. or imprisoned not more than 10 years, or both, but, if
such person has a prior conviction under this section, such person shall
be fined not more than $15,000, or imprisoned not less t h a n two years
nor more than 15 years, or both.
"§ 2252. Certain activities relating to material involving the sexual 18 USC 2252.
exploitation of minors
" ( a ) A n y person Avho— Interstate or
" ( 1 ) knowingly transports or ships in interstate or foreign foreign
commerce or mails, for the purpose of sale or distribution for commerce, sale
sale, any obscene visual or p r i n t medium, if— and distribution
prohibition.
" ( A ) the producing of such visual or p r i n t medium
involves the use of a minor engaging in sexually explicit
conduct; and
92 STAT. 8 PUBLIC LAW 95-225—FEB. 6, 1978
"(B) such visual or print medium depicts such conduct;
or
"(2) knowingly receives for the purpose of sale or distribution
for sale, or knowingly sells or distributes for sale, any obscene
visual or print medium that has been transported or shipped in
interstate or foreign conunerce or mailed, if—
"(A) the producing of such visual or print medium
involves the use of a minor engaging in sexually explicit
conduct; and
"(B) such visual or print medium depicts such conduct;
shall be punished as provided in subsection (b) of this section.
Penalty. "(b) Any person who violates this section shall be fined not more
than $10,000, or imprisoned not more than 10 years, or both, but, if
such person has a prior conviction under this section, such person shall
be fined not more than $15,000, or imprisoned not less than two years
nor more than 15 years, or both.
18 use 2253. "§ 2253. Definitions for chapter
"For the purposes of this chapter, the term—
"(1) 'minor' means any person under the age of sixteen years;
"(2) 'sexually explicit conduct' means actual or simulated—
"(A) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex;
"(B) bestiality;
. : "(C) masturbation;
"(D) sado-masochistic abuse (for the purpose of sexual
stimulation); or
" ( E ) lewd exhibition of the genitals or pubic area of any
person;
"(3) 'producing' means producing, directing, manufacturing,
t issuing, publishing, or advertising, for pecuniary profit; and
"(4) 'visual or print medium' means any film, photograph,
negative, slide, book, magazine, or other visual or print medium.",
(b) The table of chapters for title 18, United States Code, and
for part I of title 18, United States Code, are each amended by insert-
ing immediately after the item relating to chapter 109 the following:
"110. Sexual exploitation of children 2251".
SEC. 3. (a) Section 2423 of title 18, United States Code, is amended
to read as follows:
"§2423. Transportation of minors
Interstate or "(a) Any person who transports, finances in whole or part the
foreign transportation of, or otherwise causes or facilitates the movement of,
commerce, any minor in interstate or foreign commerce, or within the District
transportation of Columbia or any territory or other possession of the United States,
prohibition.
with the intent—
" (1) that such minor engage in prostitution; or
"(2) that such minor engage in prohibited sexual conduct, if
•' such person so transporting, financing, causing, or facilitating
movement knows or has reason to know that such prohibited
sexual conduct will be commercially exploited by any person;
Penalty. shall be fined not more than $10,000 or imprisoned not more than ten
years, or both.
PUBLIC LAW 95-225—FEB. 6, 1978 92 STAT. 9
" ( b ) As used in this section— Definitions.
" (1) the term 'minor' means a person under the age of eighteen
years;
" (2) the term 'prohibited sexual conduct' means—
" ( A ) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex;
• " ( B ) bestiality;
" ( C ) masturbation;
" ( D ) sado-masochistic abuse (for the purpose of sexual
- s t i m u l a t i o n ) ; or
" ( E ) lewd exhibition of the genitals or pubic area of any
person; and
" (3) the term 'commercial exploitation' means having as a direct
or indirect goal monetary or other material gain.",
(b) T h e table of sections for chapter 117 of title 18, United States
Code, is amended by striking out the item relating to section 2423 and
inserting in lieu thereof the following:
"2423. Transportation of minors.".
SEC. 4. If any provision of this Act or the application thereof to Severability.
any person or circumstances is held invalid, the remainder of the Act 18 use 2251
and the application of the provision to other persons not similarly note.
situated or to other circumstances shall not be affected thereby.
Approved February 6, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-696 accompanying H.R. 8059 (Comm. on the Judiciary) and
No. 95-811 (Comm. of Conference).
SENATE REPORTS: No. 95-438 (Comm. on the Judiciary) and No. 95-601 (Comm. of
Conference).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 10, considered and passed Senate.
Oct. 25, considered and passed House, amended, in lieu of H.R.
8059.
Nov. 4, Senate agreed to conference report.
Vol. 124 (1978): Jan. 24, House agreed to conference report.
