Obscenity - Offenses Involving Commercial Sex Acts, Sexual Exploitation of Minors, and Obscenity
|November 1, 2005||GUIDELINES MANUAL||§2G3.1|
(c) Cross Reference
(1) If the offense involved transporting, distributing, receiving, possessing, or advertising to receive material involving the sexual exploitation of a minor, apply §2G2.2 (Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor; Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic) or §2G2.4 (Possession of Materials Depicting a Minor Engaged in Sexually Explicit Conduct), as appropriate.
Statutory Provisions: 18 U.S.C. §§ 1460-1463, 1465, 1466, 1470, 2252B. For additional statutory provision(s), see Appendix A (Statutory Index).
1. Definitions.—For purposes of this guideline:
"Computer" has the meaning given that term in 18 U.S.C. § 1030(e)(1).
"Distribution" means any act, including possession with intent to distribute, production, advertisement, and transportation, related to the transfer of obscene matter. Accordingly, distribution includes posting material involving the sexual exploitation of a minor on a website for public viewing but does not include the mere solicitation of such material by a defendant.
"Distribution for pecuniary gain" means distribution for profit.
"Distribution for the receipt, or expectation of receipt, of a thing of value, but not for pecuniary gain" means any transaction, including bartering or other in-kind transaction, that is conducted for a thing of value, but not for profit. "Thing of value" means anything of valuable consideration.
"Distribution to a minor" means the knowing distribution to an individual who is a minor at the time of the offense.
"Interactive computer service" has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. § 230(f)(2)).
"Material that is harmful to minors" has the meaning given that term in 18 U.S.C. § 2252B(d).
"Minor" means (A) an individual who had not attained the age of 18 years; (B) an individual, whether fictitious or not, who a law enforcement officer represented to a participant (i) had not attained the age of 18 years, and (ii) could be provided for the purposes of engaging in sexually explicit conduct; or (C) an undercover law enforcement officer who represented to a participant that the officer had not attained the age of 18 years.
"Prohibited sexual conduct" has the meaning given that term in Application Note 1 of the
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