18 U.S.C. § 2260 – Production of sexually explicit depictions of a minor for importation into the United States
§ 2260 targets the production of child sexual abuse material outside the United States when it is intended to be imported or transported into the country.
18 U.S.C. § 2260 applies to conduct that occurs outside the United States but is intended to impact the U.S. through importation, transportation, or transmission of sexually explicit depictions involving minors. The law closes jurisdictional gaps by allowing federal prosecution even when the production itself happens abroad.
What the law prohibits.
A person may be charged under this statute if they:
- Employ, use, persuade, induce, entice, or coerce a minor to engage in sexually explicit conduct outside the United States.
- Produce a visual depiction of that conduct with the intent that it be imported, transported, or transmitted into the United States.
- Knowingly transport or attempt to transport such material into the United States.
Under this provision, a person does not need to have produced the material themselves. Knowingly receiving, possessing, selling, distributing, or transporting a visual depiction outside the United States can still trigger federal charges if the material was intended to be brought into the U.S. or its territorial waters. Digital files, electronic transfers, and online distribution are treated the same as physical media.
The statute applies regardless of whether the defendant is physically present in the United States at the time of the conduct, so long as there is a sufficient connection to U.S. commerce or importation.
Penalties.
A conviction under 18 U.S.C. § 2260 carries severe mandatory penalties, which may include:
- Lengthy federal prison sentences, often comparable to domestic production offenses.
- Enhanced penalties if the offense involves very young children or prior qualifying convictions.
- Asset forfeiture related to the offense.
If you are facing allegations involving the production or international transmission of illegal material involving minors, call (314) 900-HELP or contact our federal criminal defense attorneys immediately for guidance.
