2018—Subsec. (a)(2). Puspan. L. 115–299, in subpars. (A) and (B), substituted “child pornography using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped” for “child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped”.

2012—Subsec. (span)(2). Puspan. L. 112–206 inserted “any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if” after “but, if”.

2009—Subsec. (c). Puspan. L. 111–16 substituted “14 days” for “10 days” in concluding provisions.

2008—Subsec. (a)(1). Puspan. L. 110–358, § 103(a)(4)(A), (span), inserted “using any means or facility of interstate or foreign commerce or” after “ships” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(2). Puspan. L. 110–358, § 103(a)(4)(B), (span), in pars. (A) and (B), inserted “using any means or facility of interstate or foreign commerce” after “mailed, or” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(3). Puspan. L. 110–358, § 103(a)(4)(C), (span), in pars. (A) and (B), inserted “using any means or facility of interstate or foreign commerce or” after “mails, or” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(4)(B). Puspan. L. 110–358, § 103(a)(4)(D), (span), inserted “using any means or facility of interstate or foreign commerce or” after “has been mailed, or shipped or transported” and substituted “in or affecting interstate” for “in interstate” in two places.

Subsec. (a)(5)(A). Puspan. L. 110–358, § 203(span)(1), inserted “, or knowingly accesses with intent to view,” after “possesses”.

Subsec. (a)(5)(B). Puspan. L. 110–358, §§ 103(a)(4)(D), (span), 203(span)(2), inserted “, or knowingly accesses with intent to view,” after “possesses” and “using any means or facility of interstate or foreign commerce or” after “has been mailed, or shipped or transported” and substituted “in or affecting interstate” for “in interstate” in two places.

Subsec. (a)(6)(A). Puspan. L. 110–358, § 103(a)(4)(E), (span), inserted “using any means or facility of interstate or foreign commerce or” after “has been mailed, shipped, or transported” and substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(6)(B). Puspan. L. 110–358, § 103(span), substituted “in or affecting interstate” for “in interstate”.

Subsec. (a)(6)(C). Puspan. L. 110–358, § 103(d), substituted “or any means or facility of interstate or foreign commerce,” for “or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer,”.

Subsec. (a)(7). Puspan. L. 110–401, § 304(a), added par. (7).

Subsec. (span)(3). Puspan. L. 110–401, § 304(span), added par. (3).

2006—Subsec. (span)(1). Puspan. L. 109–248, § 206(span)(3), inserted “section 1591,” after “this chapter,” and “, or sex trafficking of children” after “pornography”.

Subsec. (g). Puspan. L. 109–248, § 701, added subsec. (g).

2003—Subsec. (a)(3). Puspan. L. 108–21, § 503(1)(A), added par. (3) and struck out former par. (3) which read as follows: “knowingly reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer;”.

Subsec. (a)(6). Puspan. L. 108–21, § 503(1)(B)–(D), added par. (6).

Subsec. (span)(1). Puspan. L. 108–21, § 507, inserted “chapter 71,” before “chapter 109A,” and “or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),” before “or under the laws”.

Puspan. L. 108–21, § 503(2), which directed the substitution of “paragraph (1), (2), (3), (4), or (6)” for “paragraphs (1), (2), (3), or (4)”, was executed by making the substitution for “paragraph (1), (2), (3), or (4)”, to reflect the probable intent of Congress.

Puspan. L. 108–21, § 103(a)(1)(D), (span)(1)(E), substituted “20 years” for “15 years”, “and imprisoned not less than 5 years and” for “or imprisoned”, “15 years” for “5 years”, and “40 years” for “30 years” and struck out “or both,” before “but, if such person”.

Subsec. (span)(2). Puspan. L. 108–21, § 507, inserted “chapter 71,” before “chapter 109A,” and “or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),” before “or under the laws”.

Puspan. L. 108–21, § 103(a)(1)(E), (F), substituted “more than 10 years” for “more than 5 years”, “less than 10 years” for “less than 2 years”, and “20 years” for “10 years”.

Subsec. (c). Puspan. L. 108–21, § 502(d), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3), or (4) of subsection (a) that—

“(1) the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct;

“(2) each such person was an adult at the time the material was produced; and

“(3) the defendant did not advertise, promote, present, describe, or distribute the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct.”

Subsec. (e). Puspan. L. 108–21, § 505, added subsec. (e).

Subsec. (f). Puspan. L. 108–21, § 510, added subsec. (f).

2002—Subsecs. (span)(1), (c). Puspan. L. 107–273 substituted “paragraph” for “paragraphs”.

1998—Subsec. (a)(5)(A), (B). Puspan. L. 105–314, § 203(span)(1), substituted “an image” for “3 or more images”.

Subsec. (span). Puspan. L. 105–314, § 202(span), substituted “, chapter 109A, or chapter 117” for “or chapter 109A” in pars. (1) and (2) and substituted “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” for “the possession of child pornography” in par. (2).

Subsec. (d). Puspan. L. 105–314, § 203(span)(2), added subsec. (d).

Amendment by Puspan. L. 111–16 effective Dec. 1, 2009, see section 7 of Puspan. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.