18 U.S.C. § 2252B — Misleading domain names on the Internet
submitted 23 years ago by Pub. L. 108-21 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 235 words · no verdicts yet
This section prohibits knowingly using misleading domain names to deceive a person about obscene material or to deceive a minor about material that is harmful to minors. It sets different maximum prison terms and excludes domain names that clearly indicate a site's sexual content.
(a) A person who knowingly uses a misleading domain name on the Internet intending to deceive a person into viewing material constituting "obscenity" may be fined under title 18, imprisoned for not more than 2 years, or both. This section does not define "obscenity".
(b) A person who knowingly uses a misleading domain name on the Internet intending to deceive a minor into viewing material that is "harmful to minors" on the Internet may be fined under title 18, imprisoned for not more than 10 years, or both.
(c) A domain name is not misleading under this section if it includes a word or words indicating the site's sexual content, such as "sex" or "porn".
(d) For this section, "material that is harmful to minors" means a communication consisting of nudity, sex, or excretion that, viewed as a whole and in context: (1) mainly appeals to a prurient interest of minors; (2) is plainly offensive under the prevailing standards of the adult community as a whole for material suitable for minors; and (3) lacks serious literary, artistic, political, or scientific value for minors.
(e) For subsection (d), "sex" means acts of masturbation or sexual intercourse, physical contact with a person's genitals, or the condition of human male or female genitals when sexually stimulated or aroused.
Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both.
Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 10 years, or both.
For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as “sex” or “porn”, is not misleading.
For the purposes of this section, the term “material that is harmful to minors” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—
predominantly appeals to a prurient interest of minors;
is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
lacks serious literary, artistic, political, or scientific value for minors.
For the purposes of subsection (d), the term “sex” means acts of masturbation, sexual intercourse, or physcial 1 contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Source credit: (Added Pub. L. 108–21, title V, § 521(a), Apr. 30, 2003, 117 Stat. 686; amended Pub. L. 109–248, title II, § 206(b)(4), July 27, 2006, 120 Stat. 614.)
- 2003Enacted · Pub. L. 108-21 · 117 Stat. 686
- 2006Amended · Pub. L. 109-248 · 120 Stat. 614
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-21 on 2003-04-30.
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