§ 2257. — Record keeping requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2257]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
Sec. 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 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.
(Added Pub. L. 100-690, title VII, Sec. 7513(a), Nov. 18, 1988, 102
Stat. 4487; amended Pub. L. 101-647, title III, Secs. 301(b), 311, Nov.
29, 1990, 104 Stat. 4816; Pub. L. 103-322, title XXXIII,
Sec. 330004(14), Sept. 13, 1994, 108 Stat. 2142.)
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.
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.''
