United StatesObscene visual representations of the sexual abuse of children, and the definition of child pornography, as they reach computer-generated images
18 U.S.C. §§ 1466A and 2256(8)
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not produce, distribute, receive, or possess with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, painting, or computer generated image, that depicts a minor engaging in sexually explicit conduct and is obscene, where a communication involved in the offense is transported by the mail or in interstate or foreign commerce by any means, including by computer, or another circumstance in subsection (d) applies.
- Do not produce, distribute, receive, or possess with intent to distribute an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse and that lacks serious literary, artistic, political, or scientific value.
- Do not knowingly possess either kind of depiction; possession is a separate offense under subsection (b).
- Do not treat the absence of a real child as a defense: it is not a required element of any offense under section 1466A that the minor depicted actually exist, so a wholly computer-generated depiction is within the section.
- Treat a digital, computer, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct, and an image altered to appear that an identifiable minor is engaging in it, as child pornography within the definition in section 2256(8).
- To keep the possession defense in subsection (e), hold fewer than 3 such depictions and promptly and in good faith either destroy each one or report it to a law enforcement agency and give that agency access, without retaining or allowing anyone else to access any of them.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A violation of section 1466A(a) carries a fine and imprisonment of not less than 5 years and not more than 20 years, through section 2252A(b)(1).
What this law does
Section 1466A makes it an offense, in a circumstance described in subsection (d), knowingly to produce, distribute, receive, or possess with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that depicts a minor engaging in sexually explicit conduct and is obscene.
The circumstances in subsection (d) include that a communication involved in or made in furtherance of the offense is communicated or transported by the mail, or in interstate or foreign commerce by any means, including by computer. For this section, a visual depiction includes a computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means.
A second limb reaches an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse and lacks serious literary, artistic, political, or scientific value. Subsection (b) separately makes knowing possession of either kind of depiction an offense. The section provides that it is not a required element of any offense under it that the minor depicted actually exist.
Section 2256(8) defines child pornography to include a visual depiction that is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct.
For that definition, indistinguishable means virtually indistinguishable, in that an ordinary person viewing the depiction would conclude that it is of an actual minor engaged in sexually explicit conduct, and the definition does not apply to drawings, cartoons, sculptures, or paintings. The same definition also reaches a visual depiction that has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. Possession under subsection (b) is subject to the penalties of section 2252A(b)(2).
When LexLint raises it
When your app profile says your app generates content with AI or publishes adult content.