The Child Exploitation and Obscenity Section (CEOS) serves a unique and critical function in the enforcement of the nation’s laws protecting children from sexual exploitation and prohibiting the distribution of obscenity. Our mission is to protect children from sexual exploitation through the vigorous enforcement of federal laws, and to continuously improve the federal response to these serious crimes.

CEOS is part of the Criminal Division of the United States Department of Justice. In connection with the 94 United States Attorney´s Offices around the country, CEOS investigates and prosecutes violations of federal law related to child pornography, the prostitution of children, extraterritorial sexual exploitation of children, international parental kidnapping, and obscenity. Additionally, CEOS has jurisdiction to investigate and prosecute individuals who fail to register as sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA), and child abuse and child support enforcement matters in limited circumstances.

In addition to prosecutorial efforts, CEOS attorneys develop and refine proposals for prosecution policies, legislation, government practices and agency regulations addressing all relevant subject areas. CEOS also conducts and participates in trainings for federal, state, local and international prosecutors, investigators, government officials and others engaged in efforts to enforce federal child exploitation and obscenity laws.

The High Technology Investigative Unit (HTIU) initiates investigations and conducts forensic analysis on computer evidence in federal cases involving child exploitation crimes. HTIU is designed to provide the most accurate, up-to-date expertise on computer forensic matters. The HTIU computer forensic specialists assist law enforcement agents and prosecutors in the investigation and prosecution of computer facilitated child exploitation offenses, national operations involving child exploitation over the Internet, and special investigative initiatives. In addition, HTIU specialists develop and deliver training for law enforcement agencies, research and help develop new investigative tools and techniques, assist in drafting proposed legislation, and testify as experts in federal court.

CEOS and the High Technology Investigative Unit (HTIU) are the nation´s experts in prosecuting child exploitation cases, and in investigating high-technology child exploitation crimes. In all aspects of work, we seek to blend investigative and prosecutorial experience with policy expertise in order to create innovative solutions to the threats posed by those who violate federal child exploitation and obscenity laws.

Updated May 29, 2020

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General Information - Child Exploitation and Obscenity Section

LEADERSHIP

Steven J. Grocki

Chief, Child Exploitation and Obscenity Section

CONTACT

CEOS Direct Line

(202) 514-5780

>>13410111

CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON CHILD PORNOGRAPHY

18 U.S.C. § 2251- Sexual Exploitation of Children

(Production of child pornography)

18 U.S.C. § 2251A- Selling and Buying of Children

18 U.S.C. § 2252- Certain activities relating to material involving the sexual exploitation of minors

(Possession, distribution and receipt of child pornography)

18 U.S.C. § 2252A- certain activities relating to material constituting or containing child pornography

18 U.S.C. § 2256- Definitions

18 U.S.C. § 2260- Production of sexually explicit depictions of a minor for importation into the United States

Images of child pornography are not protected under First Amendment rights, and are illegal contraband under federal law. Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.

Notably, the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal.

Federal law prohibits the production, distribution, reception, and possession of an image of child pornography using or affecting any means or facility of interstate or foreign commerce (See 18 U.S.C. § 2251; 18 U.S.C. § 2252; 18 U.S.C. § 2252A). Specifically, Section 2251 makes it illegal to persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct for purposes of producing visual depictions of that conduct. Any individual who attempts or conspires to commit a child pornography offense is also subject to prosecution under federal law.

Federal jurisdiction is implicated if the child pornography offense occurred in interstate or foreign commerce. This includes, for example, using the U.S. Mails or common carriers to transport child pornography across state or international borders. Additionally, federal jurisdiction almost always applies when the Internet is used to commit a child pornography violation. Even if the child pornography image itself did not travel across state or international borders, federal law may be implicated if the materials, such as the computer used to download the image or the CD-ROM used to store the image, originated or previously traveled in interstate or foreign commerce.

In addition, Section 2251A of Title 18, United States Code, specifically prohibits any parent, legal guardian or other person in custody or control of a minor under the age of 18, to buy, sell, or transfer custody of that minor for purposes of producing child pornography.

Lastly, Section 2260 of Title 18, United States Code, prohibits any persons outside of the United States to knowingly produce, receive, transport, ship, or distribute child pornography with intent to import or transmit the visual depiction into the United States.

Any violation of federal child pornography law is a serious crime, and convicted offenders face severe statutory penalties. For example, a first time offender convicted of producing child pornography under 18 U.S.C. § 2251, face fines and a statutory minimum of 15 years to 30 years maximum in prison. A first time offender convicted of transporting child pornography in interstate or foreign commerce under 18 U.S.C. § 2252, faces fines and a statutory minimum of 5 years to 20 years maximum in prison. Convicted offenders may face harsher penalties if the offender has prior convictions or if the child pornography offense occurred in aggravated situations defined as (i) the images are violent, sadistic, or masochistic in nature, (ii) the minor was sexually abused, or (iii) the offender has prior convictions for child sexual exploitation. In these circumstances, a convicted offender may face up to life imprisonment.

It is important to note that an offender can be prosecuted under state child pornography laws in addition to, or instead of, federal law.

>>13410111

CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON CHILD SEX TRAFFICKING

18 U.S.C § 1591- Sex trafficking of children or by force, fraud, or coercion

18 U.S.C. § 2421- Transportation generally

18 U.S.C. § 2422- Coercion and enticement

18 U.S.C. § 2423- Transportation of minors

18 U.S.C. § 2425- Use of interstate facilities to transmit information about a minor

Child Sex Trafficking is prohibited by 18 U.S.C. § 1591. This statute makes it a federal offense to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor (defined as someone under 18 years of age) knowing or in reckless disregard of the fact that the victim is a minor and would be caused to engage in a commercial sex act. “Commercial sex act” is defined very broadly to include “any sex act, on account of which anything of value is given to or received by any person.” In other words, it is illegal both to offer and to obtain a child, and cause that child to engage in any kind of sexual activity in exchange for anything of value, whether it be money, goods, personal benefit, in-kind favors, or some other kind of benefit. Section 1591 also makes it a crime for individuals to participate in a business venture that obtains minors and causes them to engage in commercial sex acts.

Section 1591 is called “Sex trafficking of children or by force, fraud, or coercion.” Most people think of “trafficking” as involving movement across state or international borders. However, Section 1591 does not require proof that either the defendant or victim crossed state or international lines.

When the victim is a minor, Section 1591 does not require proof that the defendant used force, threats of force, fraud, or coercion, or any combination of those means, to cause the minor to engage in a commercial sex act.

Section 1591 applies equally to American children (U.S. citizens or residents) who are prostituted within the United States, as well as foreign nationals (persons not a U.S. citizen or resident) who are brought into the United States and are then caused to engage in prostitution. The law also criminalizes any person who conspires or attempts to commit this crime.

If the victim was under the age of 14 or if force, fraud, or coercion were used, the penalty is not less than 15 years in prison up to life. If the victim was aged 14-17, the penalty shall not be less than 10 years in prison up to life. Anyone who obstructs or attempts to obstruct the enforcement of this statute faces as many as 20 years imprisonment. Defendants who are convicted under this statute are also required to pay restitution to their victims for any losses they caused.

In addition, 18 U.S.C. §§ 2421 – 2423 criminalize a variety of activities pertaining to the prostitution of children. For example, Section 2421 and 2423(a) make it a crime to transport an individual or a minor across state lines for the purpose of prostitution or any other illegal sexual activity. Unlike 18 U.S.C. § 1591, both of those statutes do require proof that the victim crossed a state line. If a minor is transported across state lines in violation of Section 2423(a), the penalty is not less than 10 years in prison, up to life.

Section 2422(b) makes it a crime to use the U.S. Mail or certain technology, such as the Internet or the telephone (whether mobile or a land line), to persuade, induce, entice, or coerce a minor to engage in prostitution or any other illegal sexual activity. For example, it is a federal crime for an adult to use the mail, a chat room, email, or text messages to persuade a child to meet him or her to engage that child in prostitution or other illegal sexual activity. Under this statute, it is not necessary to prove that either the defendant or the victim crossed state lines. The penalty for this offense is not less than ten years in prison, up to life. Finally, 18 U.S.C § 2425 makes it illegal for any person to use the mail, telephones, or the Internet, to knowingly transmit the name, address, telephone number, social security number, or email address of a child under the age of 16 with intent to entice, encourage, offer, or solicit any person to engage in criminal sexual activity. This offense is punishable by up to five years in prison.

>>13410111

CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON CHILD SEXUAL ABUSE

18 U.S.C. § 2241– Aggravated sexual abuse

18 U.S.C. § 2242– Sexual abuse

18 U.S.C. § 2243– Sexual abuse of a minor or ward

18 U.S.C. § 2244– Abusive sexual contact

Except in limited circumstances, federal laws typically do not apply to child sexual abuse matters that takes place wholly inside a single state. These matters are therefore generally handled by state or local authorities and prosecuted under state laws. However, if the sexual abuse of a child occurred on federal lands, the offense may be prosecuted under federal law. Federal lands include areas such as military bases, Indian territories, and other government– owned lands or properties (See 18 U.S.C. §7).

Under federal law, offenders convicted of sexually abusing a child face fines and imprisonment. Furthermore, an offender may face harsher penalties if the crime occurred in aggravated circumstances, which include, for example, the offender used force or threats, inflicted serious bodily injury or death, or kidnapped a child in the process of committing child sexual abuse.

>>13410111

CITIZEN'S GUIDE TO U.S. FEDERAL LAW ON THE EXTRATERRITORIAL SEXUAL EXPLOITATION OF CHILDREN

18 U.S.C. § 2423(d): Travel with intent to engage in illicit sexual conduct

18 U.S.C. § 2423(c): Engaging in illicit sexual conduct in foreign places

18 U.S.C. § 2423(d): Ancillary Offenses

18 U.S.C. §§ 2251(c) and 2260(a): Production of Child Pornography outside the United States

18 U.S.C. § 1591: Sex Trafficking of children by force, fraud, or coercion

18 U.S.C. § 1596: Additional jurisdiction in certain trafficking offenses

Federal law provides “extraterritorial jurisdiction” over certain sex offenses against children. Extraterritorial jurisdiction is the legal authority of the United States to prosecute criminal conduct that took place outside its borders.

Section 2423(c) of Title 18, United States Code, prohibits United States citizens or legal permanent residents from traveling from the United States to a foreign country, and while there, raping or sexually molesting a child or paying a child for sex. Citizens can be punished under this law even if the conduct they engaged in was legal in the country where it occurred. For example, if an individual traveled to a country that had legalized prostitution, and while they were there they paid a child for sex, that individual could still be convicted under this statute. The penalty for this provision is up to 30 years in prison.

Section 2423(b) of Title 18, United States Code, is a similar provision. Section 2423(b) makes it a crime for United States citizens or legal permanent residents to travel from the United States to a foreign country with the intent to engage in illegal sexual conduct with a child such as rape, molestation, or prostitution. The difference between Section 2423(b) and Section 2423(c) is that Section 2423(b) statute requires proof that the defendant had formed his criminal intent at the time he began to travel. The penalty for this offense is also up to 30 years in prison. Finally, Section 2423(d) makes it a crime to be what is known informally as being a “child sex tour operator.” This statute makes it an offense to profit by facilitating the travel of U.S. Citizens or legal permanent residents, knowing that they are traveling for the purpose of engaging in illegal sex with a minor. The penalty for this offense is up to 30 years in prison.

There are also some child pornography laws that apply to conduct overseas. Sections 2251(c) and 2260(a) of Title 18, United States Code both make it a crime for anyone to produce child pornography in foreign countries if they import the child abuse images into the United States, or if they intend to do so. The penalty for a first time offender under these statutes is at least 15 years, up to a maximum of 30 years in prison.

Finally, 18 U.S.C. § 1596 grants extraterritorial jurisdiction over 18 U.S.C. § 1591 (Sex trafficking of children or by force, fraud, or coercion). In this instance, this means that federal prosecutors can investigate and prosecute foreign nationals who commit sex trafficking crimes against children outside the United States. Section 1596 also allows the federal government to investigate and prosecute U.S. nationals and residents who commit child sex trafficking crimes in foreign countries (For more information on 18 U.S.C. § 1591, see Citizen’s Guide to U.S. Federal Law on the Prostitution of Children).

For all of these statutes, a child is considered to be anyone under the age of 18.