18 USC 3509(m)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 18 USC 3509(m) | status: Specified | banner: CUI//SP-CHLD.
- NARA sanctions field: 18 USC 403.
- DoD authority row: 18 USC 3509(m). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 18 USC 3509(m) | status: Specified | banner: CUI//SP-CHLD | sanctions: 18 USC 403
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified, CUI//SP-CHLD. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified with banner CUI//SP-CHLD.
Extracted authority meaning
- Page 719 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3509
- Registry designation context: Specified, CUI//SP-CHLD. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: From 18 USC 2256(8) "child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where— (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct
- DoD category scope used with this authority: Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
- 18 USC 3509(m) | status: Specified | banner: CUI//SP-CHLD | sanctions: 18 USC 403
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-CHLD. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: From 18 USC 2256(8) "child pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where— (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct
- DoD category scope: Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where (A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; (B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.
- Extracted authority condition: The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effec- tively advocate for the child.
- Extracted authority condition: Judicial review of requests for informa- tion (a) The recipient of a request for records, a re- port, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or sec- tion 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does busi- ness or resides, petition for an order modifying or setting aside the request.
- Extracted authority condition: (b) N ONDISCLOSURE.— (1) IN GENERAL.— (A) NOTICE.—If a recipient of a request or order for a report, records, or other informa- tion under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C.
- Extracted authority condition: (2)(A) Notwithstanding Rule 16 of the Fed- eral Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, dupli- cate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defend- ant.
- Extracted authority condition: The person who makes the filing shall submit to the clerk of the court— (A) the complete paper to be kept under seal; and (B) the paper with the portions of it that disclose the name of or other information concerning a child redacted, to be placed in the public record.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-CHLD.
- Nara basic or specified: Specified
- Nara authority rows: 18 USC 3509(m) | status: Specified | banner: CUI//SP-CHLD | sanctions: 18 USC 403
- Nara banner markings: CUI//SP-CHLD
- Nara sanctions: 18 USC 403
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (d) P RIVACYPROTECTION.— (1) C ONFIDENTIALITY OF INFORMATION.—(A) A person acting in a capacity described in sub- paragraph (B) in connection with a criminal proceeding shall— (i) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their con- tents has access; and (ii) disclose documents described in clause (i) or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information.
- Extracted authority control: The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effec- tively advocate for the child.
- Extracted authority control: (The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives.) A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child.
- Extracted authority control: The testimony of the child shall be restricted to the matters specified by the court as the basis for granting the order.
- Extracted authority control: (3) P ROTECTIVE ORDERS.—(A) On motion by any person the court may issue an order pro- tecting a child from public disclosure of the name of or any other information concerning the child in the course of the proceedings, if the court determines that there is a signifi- cant possibility that such disclosure would be detrimental to the child.
- Extracted authority control: (2)(A) Notwithstanding Rule 16 of the Fed- eral Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, dupli- cate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defend- ant.
- Extracted authority control: (k) S TAY OFCIVILACTION.—If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child ex- ists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action dur- ing the criminal proceeding is prohibited.
Authority excerpts
Most relevant extracted authority passage(d) P RIVACYPROTECTION.— (1) C ONFIDENTIALITY OF INFORMATION.—(A) A person acting in a capacity described in sub- paragraph (B) in connection with a criminal proceeding shall— (i) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their con- tents has access; and (ii) disclose documents described in clause (i) or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information.
Extracted authority passage 2The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effec- tively advocate for the child.
Extracted authority passage 3(The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives.) A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child.
Extracted authority passage 4The testimony of the child shall be restricted to the matters specified by the court as the basis for granting the order.
Extracted authority passage 5(3) P ROTECTIVE ORDERS.—(A) On motion by any person the court may issue an order pro- tecting a child from public disclosure of the name of or any other information concerning the child in the course of the proceedings, if the court determines that there is a signifi- cant possibility that such disclosure would be detrimental to the child.
Extracted authority passage 6Judicial review of requests for informa- tion (a) The recipient of a request for records, a re- port, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or sec- tion 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does busi- ness or resides, petition for an order modifying or setting aside the request.