Us Code § 2258D - Limited liability for NCMEC

Full text of Us Code United States Code § 2258D — Limited liability for NCMEC, with citation guidance and answers to common questions.

§ 2258D. Limited liability for NCMEC

(a) In General.—Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided in subsections (b) and (c), a civil claim or criminal charge against NCMEC, including any director, officer, employee, or agent of NCMEC, arising from the performance of the CyberTipline responsibilities or functions of NCMEC, as described in this section, section 2258A or 2258C of this title, or section 404 of the Missing Children's Assistance Act (34 U.S.C. 11293), or from the efforts of NCMEC 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 NCMEC, or a director, officer, employee, or agent of NCMEC—

(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 (34 U.S.C. 11293).


(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.—NCMEC shall—

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

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

(Added Pub. L. 110–401, title V, §501(a), Oct. 13, 2008, 122 Stat. 4250; amended Pub. L. 115–395, §5, Dec. 21, 2018, 132 Stat. 5294.)


Editorial Notes

Amendments

2018—Pub. L. 115–395, §5(1), substituted "NCMEC" for "the National Center for Missing and Exploited Children" in section catchline.

Subsec. (a). Pub. L. 115–395, §5(2), substituted "Pursuant to its clearinghouse role as a private, nonprofit organization and its mission to help find missing children, reduce online sexual exploitation of children and prevent future victimization, and except as provided" for "Except as provided", "against NCMEC" for "against the National Center for Missing and Exploited Children", "(34 U.S.C. 11293)" for "(42 U.S.C. 5773)", "of NCMEC" for "of such center" wherever appearing, and "from the efforts" for "from the effort".

Subsec. (b). Pub. L. 115–395, §5(3), substituted "if NCMEC" for "if the National Center for Missing and Exploited Children", "of NCMEC" for "of such center", and "(34 U.S.C. 11293)" for "(42 U.S.C. 5773)".

Subsec. (d). Pub. L. 115–395, §5(4), substituted "NCMEC" for "The National Center for Missing and Exploited Children" in introductory provisions and "visual depiction" for "image" in pars. (1) and (2).

About This Section

18 U.S.C. § 2258D is part of Title 18 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 18 U.S.C. § 2258D. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Frequently Asked Questions About Us Code § 2258D

What does United States Code § 2258D cover?

Section 2258D ("Limited liability for NCMEC") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 2258D?

A common citation format is "United States Code § 2258D" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 2258D apply to my situation?

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