18 USC § 2258D - Limited liability for the National Center for Missing and Exploited Children | Title 18 - Crimes and Criminal Procedure | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(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), 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).

(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.

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(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), 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).

(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

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

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Thursday, March 14, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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18 USC	Description of Change	Session Year	Public Law	Statutes at Large

18 USC § 2258D - Limited liability for the National Center for Missing and Exploited Children

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