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-CITE-
18 USC Sec. 2257 01/02/01
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
-HEAD-
Sec. 2257. Record keeping requirements
-STATUTE-
(a) Whoever produces any book, magazine, periodical, film,
videotape, or other matter which -
(1) contains one or more visual depictions made after November
1, 1990 of actual sexually explicit conduct; and
(2) is produced in whole or in part with materials which have
been mailed or shipped in interstate or foreign commerce, or is
shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records
pertaining to every performer portrayed in such a visual depiction.
(b) Any person to whom subsection (a) applies shall, with respect
to every performer portrayed in a visual depiction of actual
sexually explicit conduct -
(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of
birth, and require the performer to provide such other indicia of
his or her identity as may be prescribed by regulations;
(2) ascertain any name, other than the performer's present and
correct name, ever used by the performer including maiden name,
alias, nickname, stage, or professional name; and
(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) of this subsection
and such other identifying information as may be prescribed by
regulation.
(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at his business premises, or at
such other place as the Attorney General may by regulation
prescribe and shall make such records available to the Attorney
General for inspection at all reasonable times.
(d)(1) No information or evidence obtained from records required
to be created or maintained by this section shall, except as
provided in this section, directly or indirectly, be used as
evidence against any person with respect to any violation of law.
(2) Paragraph (1) of this subsection shall not preclude the use
of such information or evidence in a prosecution or other action
for a violation of this section or for a violation of any
applicable provision of law with respect to the furnishing of false
information.
(e)(1) Any person to whom subsection (a) applies shall cause to
be affixed to every copy of any matter described in paragraph (1)
of subsection (a) of this section, in such manner and in such form
as the Attorney General shall by regulations prescribe, a statement
describing where the records required by this section with respect
to all performers depicted in that copy of the matter may be
located.
(2) If the person to whom subsection (a) of this section applies
is an organization the statement required by this subsection shall
include the name, title, and business address of the individual
employed by such organization responsible for maintaining the
records required by this section.
(f) It shall be unlawful -
(1) for any person to whom subsection (a) applies to fail to
create or maintain the records as required by subsections (a) and
(c) or by any regulation promulgated under this section;
(2) for any person to whom subsection (a) applies knowingly to
make any false entry in or knowingly to fail to make an
appropriate entry in, any record required by subsection (b) of
this section or any regulation promulgated under this section;
(3) for any person to whom subsection (a) applies knowingly to
fail to comply with the provisions of subsection (e) or any
regulation promulgated pursuant to that subsection; and
(4) for any person knowingly to sell or otherwise transfer, or
offer for sale or transfer, any book, magazine, periodical, film,
video, or other matter, produce in whole or in part with
materials which have been mailed or shipped in interstate or
foreign commerce or which is intended for shipment in interstate
or foreign commerce, which -
(A) contains one or more visual depictions made after the
effective date of this subsection of actual sexually explicit
conduct; and
(B) is produced in whole or in part with materials which have
been mailed or shipped in interstate or foreign commerce, or is
shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as
set forth in subsection (e)(1), a statement describing where the
records required by this section may be located, but such person
shall have no duty to determine the accuracy of the contents of
the statement or the records required to be kept.
(g) The Attorney General shall issue appropriate regulations to
carry out this section.
(h) As used in this section -
(1) the term ''actual sexually explicit conduct'' means actual
but not simulated conduct as defined in subparagraphs (A) through
(D) of paragraph (2) of section 2256 of this title;
(2) ''identification document'' has the meaning given that term
in section 1028(d) of this title;
(3) the term ''produces'' means to produce, manufacture, or
publish any book, magazine, periodical, film, video tape or other
similar matter and includes the duplication, reproduction, or
reissuing of any such matter, but does not include mere
distribution or any other activity which does not involve hiring,
contracting for managing, or otherwise arranging for the
participation of the performers depicted; and
(4) the term ''performer'' includes any person portrayed in a
visual depiction engaging in, or assisting another person to
engage in, actual sexually explicit conduct.
(i) Whoever violates this section shall be imprisoned for not
more than 2 years, and fined in accordance with the provisions of
this title, or both. Whoever violates this section after having
been convicted of a violation punishable under this section shall
be imprisoned for any period of years not more than 5 years but not
less than 2 years, and fined in accordance with the provisions of
this title, or both.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7513(a), Nov. 18, 1988, 102
Stat. 4487; amended Pub. L. 101-647, title III, Sec. 301(b), 311,
Nov. 29, 1990, 104 Stat. 4816; Pub. L. 103-322, title XXXIII, Sec.
330004(14), Sept. 13, 1994, 108 Stat. 2142.)
-REFTEXT-
REFERENCES IN TEXT
For effective date of this subsection, referred to in subsec.
(f)(4)(A), see section 312 of Pub. L. 101-647, set out as an
Effective Date of 1990 Amendment note below.
-MISC2-
AMENDMENTS
1994 - Subsecs. (f), (g). Pub. L. 103-322 struck out subsecs. (f)
and (g) as enacted by Pub. L. 100-690. Subsec. (f) authorized
Attorney General to issue regulations to carry out this section and
subsec. (g) defined ''actual sexually explicit conduct'',
''identification document'', ''produces'', and ''performer''.
1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 301(b), substituted
''November 1, 1990'' for ''February 6, 1978''.
Subsec. (d). Pub. L. 101-647, Sec. 311, substituted pars. (1) and
(2) for former pars. (1) and (2) which were substantially the same
and struck out par. (3) which read as follows: ''In a prosecution
of any person to whom subsection (a) applies for an offense in
violation of subsection 2251(a) of this title which has as an
element the production of a visual depiction of a minor engaging in
or assisting another person to engage in sexually explicit conduct
and in which that element is sought to be established by showing
that a performer within the meaning of this section is a minor -
''(A) proof that the person failed to comply with the
provisions of subsection (a) or (b) of this section concerning
the creation and maintenance of records, or a regulation issued
pursuant thereto, shall raise a rebuttable presumption that such
performer was a minor; and
''(B) proof that the person failed to comply with the
provisions of subsection (e) of this section concerning the
statement required by that subsection shall raise the rebuttable
presumption that every performer in the matter was a minor.''
Subsec. (e). Pub. L. 101-647, Sec. 311, substituted pars. (1) and
(2) for former pars. (1) and (2) which were substantially the same
and struck out par. (3) which read as follows: ''In any prosecution
of a person for an offense in violation of section 2252 of this
title which has as an element the transporting, mailing, or
distribution of a visual depiction involving the use of a minor
engaging in sexually explicit conduct, and in which that element is
sought to be established by a showing that a performer within the
meaning of this section is a minor, proof that the matter in which
the visual depiction is contained did not contain the statement
required by this section shall raise a rebuttable presumption that
such performer was a minor.''
Subsec. (f). Pub. L. 101-647, Sec. 311, added subsec. (f)
relating to unlawful acts and omissions.
Subsec. (g). Pub. L. 101-647, Sec. 311, added subsec. (g)
relating to issuance of regulations.
Subsecs. (h), (i). Pub. L. 101-647, Sec. 311, added subsecs. (h)
and (i).
EFFECTIVE DATE OF 1990 AMENDMENT
Section 312 of title III of Pub. L. 101-647 provided that:
''Subsections (d), (f), (g), (h), and (i) of section 2257 of title
18, United States Code, as added by this title shall take effect 90
days after the date of the enactment of this Act (Nov. 29, 1990)
except -
''(1) the Attorney General shall prepare the initial set of
regulations required or authorized by subsections (d), (f), (g),
(h), and (i) of section 2257 within 60 days of the date of the
enactment of this Act; and
''(2) subsection (e) of section 2257 and of any regulation
issued pursuant thereto shall take effect 90 days after the date
of the enactment of this Act.''
EFFECTIVE DATE
Section 7513(c) of Pub. L. 100-690 provided that: ''Section 2257
of title 18, United States Code, as added by this section shall
take effect 180 days after the date of the enactment of this Act
(Nov. 18, 1988) except -
''(1) the Attorney General shall prepare the initial set of
regulations required or authorized by section 2257 within 90 days
of the date of the enactment of this Act; and
''(2) subsection (e) of section 2257 of such title and of any
regulation issued pursuant thereto shall take effect 270 days
after the date of the enactment of this Act.''
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