§ 2257. Record keeping requirements

Footnotes

1. 1 So in original. The comma probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Child Protection and Obscenity Enforcement Act of 1988

   Pub. L. 100–690 title VII § 7513(a) · 102 Stat. 4181

   Enacted · 18 U.S.C. § 2257

   Added Pub. L. 100–690, title VII, § 7513(a), Nov. 18, 1988, 102 Stat. 4487

   Source evidence

   Code source credit
   Added Pub. L. 100–690, title VII, § 7513(a), Nov. 18, 1988, 102 Stat. 4487

   Enacted provision · exact public law section
   (a) In General.— Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following: “§ 2257. Record keeping requirements “(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter which— “(1) contains one or more visual depictions made after February 6, 1978 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 identif3dng information as may be prescribed by regulation. “(c) Any person to whom subsection (a) applies shall maintain the Regulations. 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 paragraphs (2) and (3), be used, directly or indirectly, 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 any applicable provision of law with respect to the furnishing of false information. “(3) 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. “(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. “(3) 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. “(f) The Attorney General shall issue appropriate regulations to carry out this section. “(g) As used in this section— “(1) the term ‘actual sexually explicit conduct’ means actual but not simulated conduct as defined in subparagraphs (A) through (E) of paragraph (2) of section 2256 of this title; “(2) ‘identification document’ has the meaning given that term in subsection 1028(d) of this title; “(3) the term ‘produces’ means to produce, manufacture, or publish and includes the duplication, reproduction, or reissuing of any material; 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.”.

2. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 § 301(b) · 104 Stat. 4789

   Substituted · 18 U.S.C. § 2257(a)(1)

   Pub. L. 101–647, § 301(b), substituted “November 1, 1990” for “February 6, 1978”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–647, § 301(b), substituted “November 1, 1990” for “February 6, 1978”.

   Enacted provision · exact public law section
   (b) Effective Date.— Section 2257(a)(1) of title 18, United States Code, is amended by striking “February 6, 1978” and inserting “November 1, 1990”.

   Effective date note
   Pub. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, 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—

3. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 § 311 · 104 Stat. 4789

   1. Substituted · 18 U.S.C. § 2257(d)

      Pub. L. 101–647, § 311, substituted pars. (1) and (2) for former pars. (1) and (2) which were substantially the same

   2. Struck · 18 U.S.C. § 2257(d)

      Pub. L. 101–647, § 311, 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—

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–647, § 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.”

   Enacted provision · exact public law section
   SEC. 311. RECORDKEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following: “(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 Regulations. 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 Law enforcement. Penalties. 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.”.

   Effective date note
   Pub. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, 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—

4. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 § 311 · 104 Stat. 4789

   1. Substituted · 18 U.S.C. § 2257(e)

      Pub. L. 101–647, § 311, substituted pars. (1) and (2) for former pars. (1) and (2) which were substantially the same

   2. Struck · 18 U.S.C. § 2257(e)

      Pub. L. 101–647, § 311, 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.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–647, § 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.”

   Enacted provision · exact public law section
   SEC. 311. RECORDKEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following: “(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 Regulations. 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 Law enforcement. Penalties. 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.”.

   Effective date note
   Pub. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, 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—

5. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 § 311 · 104 Stat. 4789

   Added · 18 U.S.C. § 2257(f)

   Pub. L. 101–647, § 311, added subsec. (f) relating to unlawful acts and omissions

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–647, § 311, added subsec. (f) relating to unlawful acts and omissions.

   Enacted provision · exact public law section
   SEC. 311. RECORDKEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following: “(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 Regulations. 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 Law enforcement. Penalties. 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.”.

   Effective date note
   Pub. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, 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—

6. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 § 311 · 104 Stat. 4789

   Added · 18 U.S.C. § 2257(g)

   Pub. L. 101–647, § 311, added subsec. (g) relating to issuance of regulations

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 101–647, § 311, added subsec. (g) relating to issuance of regulations.

   Enacted provision · exact public law section
   SEC. 311. RECORDKEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following: “(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 Regulations. 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 Law enforcement. Penalties. 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.”.

   Effective date note
   Pub. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, 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—

7. 1990

   Child Protection Restoration and Penalties Enhancement Act of 1990

   Pub. L. 101–647 § 311 · 104 Stat. 4789

   Added · 18 U.S.C. § 2257(h); 18 U.S.C. § 2257(i)

   Pub. L. 101–647, § 311, added subsecs. (h) and (i)

   Source evidence

   Code amendment note
   Subsecs. (h), (i). Pub. L. 101–647, § 311, added subsecs. (h) and (i).

   Enacted provision · exact public law section
   SEC. 311. RECORDKEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following: “(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 Regulations. 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 Law enforcement. Penalties. 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.”.

   Effective date note
   Pub. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, 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—

8. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330004(14) · 108 Stat. 1796

   Struck · 18 U.S.C. § 2257(f); 18 U.S.C. § 2257(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (14) in section 2257 by striking the subsections (f) and (g) that were enacted by Public Law 100–690;

9. 2003

   Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

   Pub. L. 108–21 § 511(a)(1) · 117 Stat. 650

   Substituted · 18 U.S.C. § 2257(d)(2)

   Pub. L. 108–21, § 511(a)(1), substituted “of this chapter or chapter 71,” for “of this section”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 108–21, § 511(a)(1), substituted “of this chapter or chapter 71,” for “of this section”.

   Enacted provision · exact public law section
   (1) in subsection (d)(2), by striking “of this section” and inserting “of this chapter or chapter 71,”;

10. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 511(a)(2) · 117 Stat. 650

    Inserted · 18 U.S.C. § 2257(h)(3)

    Pub. L. 108–21, § 511(a)(2), inserted “, computer generated image, digital image, or picture,” after “video tape”

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 108–21, § 511(a)(2), inserted “, computer generated image, digital image, or picture,” after “video tape”.

    Enacted provision · exact public law section
    (2) in subsection (h)(3), by inserting “, computer generated image, digital image, or picture,” after “video tape”; and

11. 2003

    Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003

    Pub. L. 108–21 § 511(a)(3) · 117 Stat. 650

    1. Substituted · 18 U.S.C. § 2257(i)

       Pub. L. 108–21, § 511(a)(3), substituted “not more than 5 years” for “not more than 2 years”

    2. Substituted · 18 U.S.C. § 2257(i)

       Pub. L. 108–21, § 511(a)(3), substituted “10 years” for “5 years”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 108–21, § 511(a)(3), substituted “not more than 5 years” for “not more than 2 years” and “10 years” for “5 years”.

    Enacted provision · exact public law section
    (3) in subsection (i)— (A) by striking “not more than 2 years” and inserting “not more than 5 years”; and (B) by striking “5 years” and inserting “10 years”.

12. 2006

    Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 § 502(a)(1) · 120 Stat. 587

    Inserted · 18 U.S.C. § 2257(a)

    Pub. L. 109–248, § 502(a)(1), inserted “digital image, digitally- or computer-manipulated image of an actual human being, picture,” after “videotape,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–248, § 502(a)(1), inserted “digital image, digitally- or computer-manipulated image of an actual human being, picture,” after “videotape,”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting after “videotape,” the following: “digital image, digitally- or computer-manipulated image of an actual human being, picture,”;

13. 2006

    Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 § 502(a)(2) · 120 Stat. 587

    Inserted · 18 U.S.C. § 2257(e)(1)

    Pub. L. 109–248, § 502(a)(2), inserted at end “In this paragraph, the term ‘copy’ includes every page of a website on which matter described in subsection (a) appears.”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 109–248, § 502(a)(2), inserted at end “In this paragraph, the term ‘copy’ includes every page of a website on which matter described in subsection (a) appears.”

    Enacted provision · exact public law section
    (2) in subsection (e)(1), by adding at the end the following: “In this paragraph, the term ‘copy’ includes every page of a website on which matter described in subsection (a) appears.”;

14. 2006

    Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 § 502(a)(3) · 120 Stat. 587

    Added · 18 U.S.C. § 2257(f)(5)

    Pub. L. 109–248, § 502(a)(3), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 109–248, § 502(a)(3), added par. (5).

    Enacted provision · exact public law section
    (3) in subsection (f), by— (A) in paragraph (3), by striking “and” after the semicolon; (B) in paragraph (4), by striking the period and inserting “; and”; and (C) by adding at the end the following: “(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).” ; and

15. 2006

    Adam Walsh Child Protection and Safety Act of 2006

    Pub. L. 109–248 § 502(a)(4) · 120 Stat. 587

    1. Added · 18 U.S.C. § 2257(h)

       Pub. L. 109–248, § 502(a)(4), added subsec. (h)

    2. Struck · 18 U.S.C. § 2257(h)

       Pub. L. 109–248, § 502(a)(4), struck out former subsec. (h) which defined “actual sexually explicit conduct”, “identification document”, “produces”, and “performer”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–248, § 502(a)(4), added subsec. (h) and struck out former subsec. (h) which defined “actual sexually explicit conduct”, “identification document”, “produces”, and “performer”.

    Enacted provision · exact public law section
    (4) by striking subsection (h) and inserting the following: “(h) In this section— “(1) the term ‘actual sexually explicit conduct’ means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title; “(2) the term ‘produces’— “(A) means— “(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; “(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or “(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and “(B) does not include activities that are limited to— “(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; “(ii) distribution; “(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; “(iv) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 (47 U.S.C. 231)); or “(v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication; and “(3) the term ‘performer’ includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct.” .

19 of 19 references resolved to an enrolled provision