§21101. Definitions — Inbound Citations
34 U.S.C. § 21101
Cited by 91 provisions in release 119-102.
Citations to §21101(1)
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(2) Case coordination within the Department of Justice, including specific integration, coordination, and collaboration, as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation.
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(3) Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the exploitation of adults and children.
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(c) The Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall—(1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of—(A) proactively generated leads, including leads generated by current and emerging technology;(B) in-district investigative referrals; and(C) CyberTipline reports from the National Center for Missing and Exploited Children;(2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified;(3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and(4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children.
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(VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice;
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(A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice;
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(1) deploy, to all Internet Crimes Against Children Task Forces and their partner agencies, technology modeled after the Canadian Child Exploitation Tracking System; and
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(a) The Attorney General of the United States shall create and implement a National Strategy for Child Exploitation Prevention and Interdiction.
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(1) An analysis of current trends, challenges, and the overall magnitude of the threat of child exploitation.
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(2) An analysis of future trends and challenges, including new technologies, that will impact the efforts to combat child exploitation.
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(3) Goals and strategic solutions to prevent and interdict child exploitation, including—(A) plans for interagency coordination;(B) engagement with the judicial branches of the Federal Government and State governments;(C) legislative recommendations for combating child exploitation;(D) cooperation with international, State, local, and Tribal law enforcement agencies; and(E) engagement with the private sector and other entities involved in efforts to combat child exploitation.
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(C) legislative recommendations for combating child exploitation;
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(E) engagement with the private sector and other entities involved in efforts to combat child exploitation.
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(4) An analysis of Federal efforts dedicated to combating child exploitation, including—(A) a review of the policies and work of the Department of Justice and other Federal programs relating to the prevention and interdiction of child exploitation crimes, including training programs, and investigative and prosecution activity; and(B) a description of the efforts of the Department of Justice to cooperate and coordinate with, and provide technical assistance and support to, international, State, local, and Tribal law enforcement agencies and private sector and nonprofit entities with respect to child exploitation prevention and interdiction efforts.
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(A) a review of the policies and work of the Department of Justice and other Federal programs relating to the prevention and interdiction of child exploitation crimes, including training programs, and investigative and prosecution activity; and
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(B) a description of the efforts of the Department of Justice to cooperate and coordinate with, and provide technical assistance and support to, international, State, local, and Tribal law enforcement agencies and private sector and nonprofit entities with respect to child exploitation prevention and interdiction efforts.
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(5) An estimate of the resources required to effectively respond to child exploitation crimes at scale by—(A) each ICAC task force;(B) the Federal Bureau of Investigation, including investigators, forensic interviewers, and analysts of victims, witnesses, and forensics;(C) Homeland Security Investigations, including forensic interviewers and analysts of victims, witnesses, and forensics;(D) the United States Marshals Service;(E) the United States Secret Service;(F) the United States Postal Service;(G) the criminal investigative offices of the Department of Defense; and(H) any component of an agency described in this paragraph.
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(8) An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes that include a number of factors, including—(A) the number of investigations, arrests, prosecutions, and convictions for a crime of child exploitation; and(B) the average sentence imposed and the statutory maximum sentence that could be imposed for each crime of child exploitation.
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(A) the number of investigations, arrests, prosecutions, and convictions for a crime of child exploitation; and
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(B) the average sentence imposed and the statutory maximum sentence that could be imposed for each crime of child exploitation.
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(C) any other statistical data indicating the type, nature, and extent of child exploitation crime in the United States and abroad.
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(1) The Attorney General shall designate a senior official at the Department of Justice with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible for coordinating the development of the National Strategy established under subsection (a). The National Coordinator for Child Exploitation Prevention and Interdiction shall be a position in the Senior Executive Service.
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(C) being knowledgeable about budget priorities and familiar with all efforts within the Department of Justice and the FBI related to child exploitation prevention and interdiction; and
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(1) There is established within the Department of Justice, under the general authority of the Attorney General, a National Internet Crimes Against Children Task Force Program (hereinafter in this subchapter referred to as the “ICAC Task Force Program”), which shall consist of a national program of State, Tribal, military, and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, child obscenity and pornography cases, and the identification of child victims.
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(2) In order to maintain established capacity and continuity of investigations and prosecutions of child exploitation cases, the Attorney General, shall, in establishing the ICAC Task Force Program under subsection (a), evaluate the task forces funded under the ICAC Task Force Program to determine if those task forces are operating in an effective manner.
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(B) have the discretion to establish a new or continue an existing task force if the Attorney General determines that such decision will enhance the effectiveness of combating child exploitation provided that the Attorney General notifies Congress in advance of any such decision and that each State maintains at least 1 ICAC task force at all times.
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(1) increasing the investigative capabilities of State and local law enforcement officers in the detection, investigation, and apprehension of Internet crimes against children offenses or offenders, including technology-facilitated child exploitation offenses, and the identification of child victims of those crimes;
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(a) The Attorney General may establish, consistent with all existing Federal laws relating to the protection of privacy, a National Internet Crimes Against Children Data System. The system shall not be used to search for or obtain any information that does not involve the use of the Internet to facilitate child exploitation.
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(b) It is the purpose and intent of Congress that the National Internet Crimes Against Children Data System established in subsection (a) is intended to facilitate online law enforcement investigations of child exploitation, information sharing, and the capacity to collect and aggregate data on the extent of the problems of child exploitation.
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(c) The National Internet Crimes Against Children Data System established under subsection (a) shall be dedicated to assisting and supporting credentialed law enforcement agencies authorized to investigate child exploitation in accordance with Federal, State, local, and tribal laws, including by providing assistance and support to—(1) Federal agencies investigating and prosecuting child exploitation;(2) the ICAC Task Force Program established under section 21112 of this title;(3) State, local, and tribal agencies investigating and prosecuting child exploitation; and(4) foreign or international law enforcement agencies, subject to approval by the Attorney General.
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(1) Federal agencies investigating and prosecuting child exploitation;
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(3) State, local, and tribal agencies investigating and prosecuting child exploitation; and
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(A) allow Federal, State, local, and tribal agencies and ICAC task forces investigating and prosecuting child exploitation to contribute and access data for use in resolving case conflicts;
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(B) provide, directly or in partnership with a credentialed law enforcement agency, a dynamic undercover infrastructure to facilitate online law enforcement investigations of child exploitation;
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(D) provide software or direct hosting and support for online investigations of child exploitation activities, or, in the alternative, provide users with a secure connection to an alternative system that provides such capabilities, provided that the system is hosted within a governmental agency or a credentialed law enforcement agency.
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(A) All child exploitation cases involving local child victims that are reasonably detectable using available software and data are, immediately upon their detection, made available to participating law enforcement agencies.
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(C) Any statistical data indicating the overall magnitude of child pornography trafficking and child exploitation in the United States and internationally is made available and included in the National Strategy, as is required under section 21111(c)(16) of this title.
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(g) The Attorney General shall establish a National Internet Crimes Against Children Data System Steering Committee to provide guidance to the Network relating to the program under subsection (f), and to assist in the development of strategic plans for the System. The Steering Committee shall consist of 10 members with expertise in child exploitation prevention and interdiction prosecution, investigation, or prevention, including—(1) 3 representatives elected by the local directors of the ICAC task forces, such representatives shall represent different geographic regions of the country;(2) 1 representative of the Department of Justice Office of Information Services;(3) 1 representative from the law enforcement agency having primary responsibility for hosting and maintaining the National Internet Crimes Against Children Data System;(4) 1 representative of the Federal Bureau of Investigation’s Innocent Images National Initiative or Regional Computer Forensic Lab program;(5) 1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center;(6) 1 representative of the United States Postal Inspection Service; and(7) 2 representatives of the Department of Justice.
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(IV) The number of successful prosecutions of child exploitation cases by a task force.
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(V) The amount of training, technical assistance, and public education or outreach by a task force related to the prevention, investigation, or prosecution of child exploitation offenses.
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(v) support the annual National Law Enforcement Training on Child Exploitation of the Office of Juvenile Justice and Delinquency Prevention; and
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(B) the number of Federal and State investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.
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(6) Child sex tourism, where an individual travels to a foreign country and engages in sexual activity with a child in that country, is a form of child exploitation and, where commercial, child sex trafficking.
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(a) Not later than 90 days after February 8, 2016, the Secretary of Homeland Security shall establish within the Child Exploitation Investigations Unit of U.S. Immigrations and Customs Enforcement a Center, to be known as the “Angel Watch Center”, to carry out the activities specified in subsection (e).
Citations to §21101(2)
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(1) There is established within the Department of Justice, under the general authority of the Attorney General, a National Internet Crimes Against Children Task Force Program (hereinafter in this subchapter referred to as the “ICAC Task Force Program”), which shall consist of a national program of State, Tribal, military, and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, child obscenity and pornography cases, and the identification of child victims.
Citations to §21101(3)
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(A) is authorized, by a national governing body, a member of a national governing body, or an amateur sports organization that participates in interstate or international amateur athletic competition, to interact with a minor or amateur athlete at an amateur sports organization facility or at any event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization; or
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(A) has significant criminal activity involving sex trafficking of minors;
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(B) has demonstrated cooperation between Federal, State, local, and, where applicable, tribal law enforcement agencies, prosecutors, and social service providers in addressing sex trafficking of minors;
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(C) has developed a workable, multi-disciplinary plan to combat sex trafficking of minors, including—(i) building or establishing a residential care facility for minor victims of sex trafficking;(ii) the provision of rehabilitative care to minor victims of sex trafficking;(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of sex trafficking, with a focus on sex trafficking of minors;(iv) prevention, deterrence, and prosecution of offenses involving sex trafficking of minors;(v) cooperation or referral agreements with organizations providing outreach or other related services to runaway and homeless youth; and(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
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(i) building or establishing a residential care facility for minor victims of sex trafficking;
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(ii) the provision of rehabilitative care to minor victims of sex trafficking;
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(iii) the provision of specialized training for law enforcement officers and social service providers for all forms of sex trafficking, with a focus on sex trafficking of minors;
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(iv) prevention, deterrence, and prosecution of offenses involving sex trafficking of minors;
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(vi) law enforcement protocols or procedures to screen all individuals arrested for prostitution, whether adult or minor, for victimization by sex trafficking and by other crimes, such as sexual assault and domestic violence; and
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(D) provides assurance that a minor victim of sex trafficking shall not be required to collaborate with law enforcement to have access to residential care or services provided with a grant under this section.
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(4) The term “minor victim of sex trafficking” means an individual who—(A) is younger than 18 years of age, and is a victim of an offense described in section 1591(a) of title 18 or a comparable State law; or(i) is not younger than 18 years of age nor older than 20 years of age;(ii) before the individual reached 18 years of age, was described in subparagraph (A); and(iii) was receiving shelter or services as a minor victim of sex trafficking.
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(iii) was receiving shelter or services as a minor victim of sex trafficking.
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(6) The term “sex trafficking of a minor” means an offense described in section 1591(a) of title 18 or a comparable State law, against a minor.
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(A) The Assistant Attorney General, in consultation with the Assistant Secretary, may make block grants to 4 eligible entities located in different regions of the United States to combat sex trafficking of minors.
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(A) Not less than 67 percent of each grant made under paragraph (1) shall be used by the eligible entity to provide residential care and services (as described in clauses (i) through (iv) of subparagraph (B)) to minor victims of sex trafficking through qualified nongovernmental organizations.
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(i) providing residential care to minor victims of sex trafficking, including temporary or long-term placement as appropriate;
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(ii) providing 24-hour emergency social services response for minor victims of sex trafficking;
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(iii) providing minor victims of sex trafficking with clothing and other daily necessities needed to keep such victims from returning to living on the street;
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(iv) case management services for minor victims of sex trafficking;
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(II) the individual was not charged with purchasing or attempting to purchase sex acts with a minor; and
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(v) mental health counseling for minor victims of sex trafficking, including specialized counseling and substance abuse treatment;
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(vi) legal services for minor victims of sex trafficking;
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(vii) specialized training for social service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking victims on issues related to the sex trafficking of minors and severe forms of trafficking in persons;
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(viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking of minors;
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(x) screening and referral of minor victims of severe forms of trafficking in persons.
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(4) The Assistant Attorney General shall enter into a contract with an academic or non-profit organization that has experience in issues related to sex trafficking of minors and evaluation of grant programs to conduct an annual evaluation of each grant made under this section to determine the impact and effectiveness of programs funded with the grant.
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(vii) specialized training for social service providers, public sector personnel, and private sector personnel likely to encounter sex trafficking and labor trafficking victims on issues related to the sex trafficking and labor trafficking of minors; and
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(viii) outreach and education programs to provide information about deterrence and prevention of sex trafficking and labor trafficking of minors.
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(1) an evaluation of the impact of this section in aiding minor victims of sex trafficking in the jurisdiction of the entity receiving the grant; and
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(C) to investigate and prosecute persons who engage in the purchase of commercial sex acts and prioritize the investigations and prosecutions of those cases involving minor victims;
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(1) the ability of law enforcement personnel to identify victims of severe forms of trafficking in persons and investigate and prosecute cases against offenders, including offenders who engage in the purchasing of commercial sex acts with a minor; and
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(1) emphasize that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with section 1591(c) of title 18) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense;
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(B) provides guidance about the recruitment techniques employed by human traffickers to clarify that an individual who knowingly solicits or patronizes a commercial sex act from a person who was a minor (consistent with section 1591(c) of title 18) or was subject to force, fraud, or coercion is guilty of an offense under chapter 77 of title 18 and is a party to a human trafficking offense; and
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(i) an offense involving a minor under section 1591 or chapter 117 of title 18;
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(B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A).
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(A) an offense involving a minor under chapter 109A of title 18, or any attempt or conspiracy to commit such an offense; or
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(B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A).
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(b) The Attorney General shall not make any grant under this section for the purpose of establishing, enhancing, or operating any transitional housing for a sexually dangerous person in or near a location where minors or other vulnerable persons are likely to come into contact with that person.
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(5) The commercial sexual exploitation of minors in child sex trafficking and pornography is a global phenomenon. The International Labour Organization has estimated that 1,8000,0001 children worldwide are victims of child sex trafficking and pornography each year.
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(7) The term “minor” means an individual who has not attained the age of 18 years.
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(A) The term “sex offense against a minor” means a specified offense against a minor, as defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).1
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(B) The term “sex offense against a minor” includes a sex offense described in section 111(5)(A) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(5)(A))1 that is a specified offense against a minor, as defined in paragraph (7) of such section, or an attempt or conspiracy to commit such an offense.
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(2) an individual required to register under the sex offender registration program of any jurisdiction or included in the National Sex Offender Registry, on the basis of an offense against a minor.
Citations to §21101(4)
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(4) the term “sexual abuse” includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children;
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(5) the term “sexually explicit conduct” means actual or simulated—(A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;(B) bestiality;(C) masturbation;(D) lascivious exhibition of the genitals or pubic area of a person or animal; or(E) sadistic or masochistic abuse;