§ 2256. — Definitions for chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2256]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 2256. Definitions for chapter
For the purposes of this chapter, the term--
(1) ``minor'' means any person under the age of eighteen years;
(2) ``sexually explicit conduct'' means actual or simulated--
(A) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area of
any person;
(3) ``producing'' means producing, directing, manufacturing,
issuing, publishing, or advertising;
(4) ``organization'' means a person other than an individual;
(5) ``visual depiction'' includes undeveloped film and
videotape, and data stored on computer disk or by electronic means
which is capable of conversion into a visual image;
(6) ``computer'' has the meaning given that term in section 1030
of this title;
(7) ``custody or control'' includes temporary supervision over
or responsibility for a minor whether legally or illegally obtained;
(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, or appears to be, of a minor
engaging in sexually explicit conduct;
(C) such visual depiction has been created, adapted, or
modified to appear that an identifiable minor is engaging in
sexually explicit conduct; or
(D) such visual depiction is advertised, promoted,
presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual
depiction of a minor engaging in sexually explicit conduct; and
(9) ``identifiable minor''--
(A) means a person--
(i)(I) who was a minor at the time the visual depiction
was created, adapted, or modified; or
(II) whose image as a minor was used in creating,
adapting, or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature; and
(B) shall not be construed to require proof of the actual
identity of the identifiable minor.
(Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 8, Sec. 2253;
renumbered Sec. 2255 and amended Pub. L. 98-292, Sec. 5, May 21, 1984,
98 Stat. 205; renumbered Sec. 2256, Pub. L. 99-500, Sec. 101(b) [title
VII, Sec. 703(a)], Oct. 18, 1986, 100 Stat. 1783-39, 1783-74, and Pub.
L. 99-591, Sec. 101(b) [title VII, Sec. 703(a)], Oct. 30, 1986, 100
Stat. 3341-39, 3341-74; Pub. L. 99-628, Sec. 4, Nov. 7, 1986, 100 Stat.
3510; Pub. L. 100-690, title VII, Secs. 7511(c), 7512(b), Nov. 18, 1988,
102 Stat. 4485, 4486; Pub. L. 104-208, div. A, title I, Sec. 101(a)
[title I, Sec. 121[2]], Sept. 30, 1996, 110 Stat. 3009, 3009-26, 3009-
27.)
Codification
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendments
1996--Par. (5). Pub. L. 104-208, Sec. 101(a) [title I,
Sec. 121[2(1)]], inserted ``, and data stored on computer disk or by
electronic means which is capable of conversion into a visual image''
before semicolon at end.
Pars. (8), (9). Pub. L. 104-208, Sec. 101(a) [title I,
Sec. 121[2(2)-(4)]], added pars. (8) and (9).
1988--Par. (6). Pub. L. 100-690, Sec. 7511(c), added par. (6).
Par. (7). Pub. L. 100-690, Sec. 7512(b), added par. (7).
1986--Pub. L. 99-500 and Pub. L. 99-591 renumbered section 2255 of
this title as this section.
Par. (5). Pub. L. 99-628, which directed that par. (5) be added to
section 2255 of this title, was executed by adding par. (5) to section
2256 of this title to reflect the probable intent of Congress and the
renumbering of section 2255 as 2256 by Pub. L. 99-500 and Pub. L. 99-
591.
1984--Pub. L. 98-292, Sec. 5(b), renumbered section 2253 of this
title as this section.
Par. (1). Pub. L. 98-292, Sec. 5(a)(1), substituted ``eighteen'' for
``sixteen''.
Par. (2)(D). Pub. L. 98-292, Sec. 5(a)(2), (3), substituted
``sadistic or masochistic'' for ``sado-masochistic'' and struck out
``(for the purpose of sexual stimulation)'' after ``abuse''.
Par. (2)(E). Pub. L. 98-292, Sec. 5(a)(4), substituted
``lascivious'' for ``lewd''.
Par. (3). Pub. L. 98-292, Sec. 5(a)(5), struck out ``, for pecuniary
profit'' after ``advertising''.
Par. (4). Pub. L. 98-292, Sec. 5(a)(6), substituted ``
`organization' means a person other than an individual'' for `` `visual
or print medium' means any film, photograph, negative, slide, book,
magazine, or other visual or print medium''.
Confirmation of Intent of Congress in Enacting Sections 2252 and 2256 of
This Title
For provisions declaring and confirming intent of Congress in
enacting this section, see section 160003(a) of Pub. L. 103-322, set out
as a note under section 2252 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2257, 2427 of this title;
title 20 sections 6777, 9134; title 42 section 13032; title 47 section
254.
