2009 FEDERAL SENTENCING GUIDELINES MANUAL

CHAPTER 2 - PART G - OFFENSES INVOLVING COMMERCIAL SEX ACTS,

SEXUAL EXPLOITATION OF MINORS, AND OBSCENITY

2.      SEXUAL EXPLOITATION OF A MINOR

§2G2.5.      Recordkeeping Offenses Involving the Production of Sexually Explicit Materials; Failure to Provide Required Marks in Commercial Electronic Email

                   (a)       Base Offense Level: 6

                   (b)       Cross References

                               (1)       If the offense reflected an effort to conceal a substantive offense that involved causing, transporting, permitting, or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct, apply §2G2.1 (Sexually Exploiting a Minor by Production of Sexually Explicit Visual or Printed Material; Custodian Permitting Minor to Engage in Sexually Explicit Conduct; Advertisement for Minors to Engage in Production).

                               (2)       If the offense reflected an effort to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor (including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic), apply §2G2.2 (Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Advertising, or Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic).

Commentary

Statutory Provisions: 15 U.S.C. § 7704(d); 18 U.S.C. §§ 2257, 2257A.

Historical Note: Effective November 1, 1991 (see Appendix C, amendment 372). Amended effective November 1, 2006 (see Appendix C, amendment 689); November 1, 2007 (see Appendix C, amendment 701).