18 U.S.C. § 2257 : US Code - Section 2257: Record keeping requirements

Search 18 U.S.C. § 2257 : US Code - Section 2257: Record keeping requirements

      (a) Whoever produces any book, magazine, periodical, film,
    videotape, digital image, digitally- or computer-manipulated image
    of an actual human being, picture, 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 chapter or chapter 71, 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. In this paragraph, the term "copy" includes every page of
    a website on which matter described in subsection (a) appears.
      (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;
        (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; and
        (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).

      (g) The Attorney General shall issue appropriate regulations to
    carry out this section.
      (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,(!1) 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.

      (i) Whoever violates this section shall be imprisoned for not
    more than 5 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 10 years but
    not less than 2 years, and fined in accordance with the provisions
    of this title, or both.