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Experienced Criminal Defense Attorneys Discuss 18 U.S.C. § 2260

Updated: April 18, 2024
Antony Abboud
By Antony Abboud

Antony “Tony” Abboud is a partner and one of the proud founders of Gounaris Abboud, LPA. His law career included positions as a municipal court prosecutor and acting magistrate. He has been blessed to focus his 20-year law career in the two areas of criminal and traffic defense.

Some Federal criminal laws reach outside the boundaries of the country.

Section 2260 of Title 18 of the United States Code is one such law.

This statute seeks to punish anyone who exploits or imports media showing sexually explicit depictions of a minor.

Exploiting children—especially concerning child pornography production or importation—is a severe crime that usually results in federal prosecutors fighting for harsh punishments.

You need a criminal defense attorney who will fight equally hard for you.

The criminal defense lawyers from Gounaris Abboud, LPA, are ready to provide aggressive and reliable representation to help you achieve the best possible outcome for your case.

What Constitutes a Crime Under 18 U.S.C. § 2260?

Title 18, section 2260 of the U.S. Code criminalizes various acts committed outside the U.S. involving minors used or depicted in sexually explicit conduct.

Section 2260 has two sections that describe acts prohibited by the statute.

The first discusses the crime of using a minor, and the second involves using visual depictions.

Use of a Minor

Section 2260(a) makes it a crime to commit certain acts outside the U.S. with the intent to have a minor engage in sexually explicit acts.

The thrust of 2260(a) relates to using, persuading, enticing, or coercing a minor to engage in sexually explicit acts with the intent to produce a visual recording or a live production.

Similarly, this section criminalizes the transport of a minor with the intent to have them participate in a sexually explicit act that will be recorded or transmitted live.

However, no crime exists for using a minor outside the country unless you intend to import or transmit the depictions into the U.S.

Use of Visual Depiction

Section 2260(b) outlaws importing sexually explicit visual depictions into this country.

According to 2260(b), a person located outside the U.S. who either ships or possesses with the intent to ship a visual depiction of a minor engaging in sexually explicit conduct has committed a crime.

Under subsection (b), however, there is no crime unless the visual depiction involves the use of a minor engaging in sexually explicit conduct.

Additionally, there is no crime unless the person shipping the depiction intends to import it into the U.S.

Penalties Under 18 U.S.C. § 2206

The potential penalties under 18 U.S.C. § 2206 are stiff. However, the penalties vary between 2260(a) and (b).

A violation of 2260(a) carries a minimum prison sentence of 15 years, according to 18 U.S.C. § 2251. The maximum sentence is 30 years.

The minimum penalty increases to 25 years with a maximum of 50 years if the person has a prior conviction under this statute or similar law.

A third conviction could result in a life sentence. The law also indicates that a person could receive the death penalty if a person died during the commission of the crime.

The minimum penalty for a violation of 2260(b) is a five-year prison sentence.

The maximum is 20 years. A person with a prior qualifying conviction faces between 15 and 40 years behind bars.

Call Gounaris Abboud Today

With your life in the balance, you will need a defense team ready to meet your challenges head-on. You can rest assured that we will be with you every step of the way.

Remember that you are not automatically guilty because the government charged you with a crime. The law presumes that you are innocent.

That means the burden of proof rests solely on the government to prove that you are guilty beyond a reasonable doubt.

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We invite you to take a look at what our clients have said about us, and when you are ready, contact us online or give us a call at 937-222-1515.

We look forward to speaking with you about how we can help you get your life back on track.

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