2017 US Code
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 110 - Sexual Exploitation and Other Abuse of Children
Sec. 2258D - Limited liability for the National Center for Missing and Exploited Children

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Citation 18 U.S.C. § 2258D (2017)
Section Name §2258D. Limited liability for the National Center for Missing and Exploited Children
Section Text

(a) In General.—Except as provided in subsections (b) and (c), a civil claim or criminal charge against the National Center for Missing and Exploited Children, including any director, officer, employee, or agent of such center, arising from the performance of the CyberTipline responsibilities or functions of such center, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773),1 or from the effort of such center to identify child victims may not be brought in any Federal or State court.

(b) Intentional, Reckless, or Other Misconduct.—Subsection (a) shall not apply to a claim or charge if the National Center for Missing and Exploited Children, or a director, officer, employee, or agent of such center—

(1) engaged in intentional misconduct; or

(2) acted, or failed to act—

(A) with actual malice;

(B) with reckless disregard to a substantial risk of causing injury without legal justification; or

(C) for a purpose unrelated to the performance of any responsibility or function under this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773).1


(c) Ordinary Business Activities.—Subsection (a) shall not apply to an act or omission relating to an ordinary business activity, including general administration or operations, the use of motor vehicles, or personnel management.

(d) Minimizing Access.—The National Center for Missing and Exploited Children shall—

(1) minimize the number of employees that are provided access to any image provided under section 2258A; and

(2) ensure that any such image is permanently destroyed upon notification from a law enforcement agency.

Source Credit

(Added Pub. L. 110–401, title V, §501(a), Oct. 13, 2008, 122 Stat. 4250.)

Editorial Notes REFERENCES IN TEXT

Section 404 of the Missing Children's Assistance Act, referred to in subsecs. (a) and (b)(2)(C), is section 404 of title IV of Pub. L. 93–415, which was formerly classified to section 5773 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 11293 of Title 34, Crime Control and Law Enforcement.

Footnotes

1 See References in Text note below.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2258D - Limited liability for the National Center for Missing and Exploited Children
Contains section 2258D
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 122 Stat. 4250
Public Law References Public Law 93-415, Public Law 110-401
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