18 U.S.C. § 2256 : US Code - Section 2256: Definitions for chapter

Search 18 U.S.C. § 2256 : US Code - Section 2256: Definitions for chapter

      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.