(a) Any
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, or who
transports any minor in interstate or foreign commerce, or in any Territory or
Possession of the United States, with the intent that such minor engage in, any
sexually explicit conduct for the purpose of producing any visual depiction of
such conduct, shall be punished as provided under subsection (e), if such person
knows or has reason to know that such visual depiction will be transported in
interstate or foreign commerce or mailed, if that visual depiction was produced
using materials that have been mailed, shipped, or transported in interstate or
foreign commerce by any means, including by computer, or if such visual
depiction has actually been transported in interstate or foreign commerce or
mailed.
(b) Any
parent, legal guardian, or person having custody or control of a minor who
knowingly permits such minor to engage in, or to assist any other person to
engage in, sexually explicit conduct for the purpose of producing any visual
depiction of such conduct shall be punished as provided under subsection (e) of
this section, if such parent, legal guardian, or person knows or has reason to
know that such visual depiction will be transported in interstate or foreign
commerce or mailed, if that visual depiction was produced using materials that
have been mailed, shipped, or transported in interstate or foreign commerce by
any means, including by computer, or if such visual depiction has actually been
transported in interstate or foreign commerce or mailed.
(c)
(1) Any
person who, in a circumstance described in paragraph (2), 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 explicit conduct
outside of the United States, its territories or possessions, for the purpose of
producing any visual depiction of such conduct, shall be punished as provided
under subsection (e).
(2) The
circumstance referred to in paragraph (1) is that—
(A) the
person intends such visual depiction to be transported to the United States, its
territories or possessions, by any means, including by computer or mail; or
(B) the
person transports such visual depiction to the United States, its territories or
possessions, by any means, including by computer or mail.
(d)
(1) Any
person who, in a circumstance described in paragraph (2), knowingly makes,
prints, or publishes, or causes to be made, printed, or published, any notice or
advertisement seeking or offering—
(A) to
receive, exchange, buy, produce, display, distribute, or reproduce, any visual
depiction, if the production of such visual depiction involves the use of a
minor engaging in sexually explicit conduct and such visual depiction is of such
conduct; or
(B) participation in any act of sexually explicit conduct by or with
any minor for the purpose of producing a visual depiction of such conduct;
shall be punished as provided under subsection (e).
(2) The
circumstance referred to in paragraph (1) is that—
(A) such
person knows or has reason to know that such notice or advertisement will be
transported in interstate or foreign commerce by any means including by computer
or mailed; or
(B) such
notice or advertisement is transported in interstate or foreign commerce by any
means including by computer or mailed.
(e) Any
individual who violates, or attempts or conspires to violate, this section shall
be fined under this title and imprisoned not less than 15 years nor more than 30
years, but if such person has one 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, abusive sexual contact involving a minor or ward, or sex trafficking of
children, 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 25 years nor more than 50
years, but if such person has 2 or more prior convictions 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 the sexual exploitation of children, such person shall be
fined under this title and imprisoned not less than 35 years nor more than life.
Any organization that violates, or attempts or conspires to violate, this
section shall be fined under this title. Whoever, in the course of an offense
under this section, engages in conduct that results in the death of a person,
shall be punished by death or imprisoned for not less than 30 years or for life.
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