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34 U.S.C. § 21112Establishment of National ICAC Task Force Program

submitted 18 years ago by Pub. L. 110-401 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 659 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates the National Internet Crimes Against Children (ICAC) Task Force Program inside the Department of Justice. It's a nationwide network of state, tribal, military, and local task forces that fight online child exploitation and identify child victims. The Attorney General must ensure every state has at least one task force and review them regularly, and task forces get limited legal protection for how they prioritize cases.

(a) Establishment: (1) In general: The Department of Justice, under the Attorney General's authority, runs a National Internet Crimes Against Children Task Force Program (the "ICAC Task Force Program"). It's a national network of state, tribal, military, and local police task forces. These task forces work on stopping online predators from enticing children, fighting child exploitation and child pornography cases, and identifying child victims. (2) Intent of Congress: Congress means for this program to continue the earlier ICAC Task Force Program that started under a 1998 appropriations law and was funded under the Juvenile Justice and Delinquency Prevention Act. (b) National program: (1) State representation: Every state must have at least one ICAC task force. (2) Capacity and continuity of investigations: To keep investigations and prosecutions running smoothly, the Attorney General must evaluate the funded task forces to see if they're working effectively. (3) Ongoing review: The Attorney General must regularly review how effective each ICAC task force is. The Attorney General can start a new task force or keep an existing one if doing so will fight child exploitation better -- but must tell Congress in advance, and every state must always keep at least one task force. (4) Training: The Attorney General must set up national training programs to support ICAC task forces, including training on the National Internet Crimes Against Children Data System. The Attorney General must also regularly review how effective each training session is, and consider outside reports about federal training funding when awarding future grants. (c) Limited liability for ICAC Task Forces: (1) In general: Normally, nobody can bring a civil claim or criminal charge in any federal or state court against an ICAC task force -- or a participating police agency or its director, officer, employee, or agent -- just because of how they prioritized which leads to work on. (2) Intentional, reckless, or other misconduct: This protection doesn't apply if the task force, agency, or a person there acted with intentional misconduct, actual malice, gross negligence, reckless disregard of a serious risk of physical injury without legal excuse, or for a purpose unrelated to their duties. (3) Rule of construction: This section doesn't create any new basis for a lawsuit against a task force or police agency. It also doesn't expand any liability, or limit any legal defense, that already exists under federal or state law.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment
(1) In general

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.

(2) Intent of Congress

It is the purpose and intent of Congress that the ICAC Task Force Program established under paragraph (1) is intended to continue the ICAC Task Force Program authorized under title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11291 et seq.].

(b) National program
(1) State representation

The ICAC Task Force Program established under subsection (a) shall include at least 1 ICAC task force in each State.

(2) Capacity and continuity of investigations

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.

(3) Ongoing review

The Attorney General shall—

(A)

conduct periodic reviews of the effectiveness of each ICAC task force established under this section; and

(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.

(4) Training
(A) In general

The Attorney General shall establish national training programs to support the mission of the ICAC task forces, including the effective use of the National Internet Crimes Against Children Data System.

(B) Review

The Attorney General shall—

(i)

conduct periodic reviews of the effectiveness of each training session authorized by this paragraph; and

(ii)

consider outside reports related to the effective use of Federal funding in making future grant awards for training.

(c) Limited liability for ICAC Task Forces
(1) In general

Except as provided in paragraph (2), a civil claim or criminal charge against an ICAC task force established pursuant to this section and sections 21113 and 21114 of this title, including any law enforcement agency that participates on such a task force or a director, officer, employee, or agent of such a law enforcement agency, arising from the prioritization decisions with respect to leads related to Internet crimes against children described in section 21114(8) of this title, may not be brought in any Federal or State court.

(2) Intentional, reckless, or other misconduct

Paragraph (1) shall not apply to a claim if the ICAC task force or law enforcement agency, or a director, officer, employee, or agent of that law enforcement agency—

(A)

engaged in intentional misconduct; or

(B)

acted, or failed to act—

(i)

with actual malice;

(ii)

with gross negligence or reckless disregard to a substantial risk of causing physical injury without legal justification; or

(iii)

for a purpose unrelated to the performance of any responsibility or function under section 21114(8) of this title.

(3) Rule of construction

Nothing in this section shall be construed to—

(A)

create any independent basis of liability on behalf of, or any cause of action against—

(i)

an ICAC task force; or

(ii)

a law enforcement agency or a director, officer, employee, or agent of the law enforcement agency; or

(B)

expand any liability otherwise imposed, or limit any defense to that liability, otherwise available under Federal or State law.

Source credit: (Pub. L. 110–401, title I, § 102, Oct. 13, 2008, 122 Stat. 4233; Pub. L. 112–206, § 5, Dec. 7, 2012, 126 Stat. 1493; Pub. L. 119–60, div. H, title LXXXII, § 8202(b), Dec. 18, 2025, 139 Stat. 1841.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-401 · 122 Stat. 4233
  • 2012Amended · Pub. L. 112-206 · 126 Stat. 1493
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1841

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-401 on 2008-10-13.

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