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)
(b)
(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)
(d)
(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.
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