For the purposes of this chapter, the term -
(1) "minor" means any person under the age of eighteen years;
(2)(A) Except as provided in subparagraph (B), "sexually
explicit conduct" means actual or simulated -
(i) sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons
of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of
any person;
(B) For purposes of subsection 8(B) (!1) of this section,
"sexually explicit conduct" means -
(i) graphic sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite sex, or lascivious simulated
sexual intercourse where the genitals, breast, or pubic area of
any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated 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,
data stored on computer disk or by electronic means which is
capable of conversion into a visual image, and data which is
capable of conversion into a visual image that has been
transmitted by any means, whether or not stored in a permanent
format;
(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 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.
(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.
(10) "graphic", when used with respect to a depiction of
sexually explicit conduct, means that a viewer can observe any
part of the genitals or pubic area of any depicted person or
animal during any part of the time that the sexually explicit
conduct is being depicted; and
(11) the term "indistinguishable" used with respect to a
depiction, means virtually indistinguishable, in that the
depiction is such that an ordinary person viewing the depiction
would conclude that the depiction is of an actual minor engaged
in sexually explicit conduct. This definition does not apply to
depictions that are drawings, cartoons, sculptures, or paintings
depicting minors or adults.