Notes on 18 U.S.C. § 2257 : US Code - Notes

Search Notes on 18 U.S.C. § 2257 : US Code - Notes

(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; Pub. L. 108-21, title
V, Sec. 511(a), Apr. 30, 2003, 117 Stat. 684.)
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
2003 - Subsec. (d)(2). Pub. L. 108-21, Sec. 511(a)(1),
substituted "of this chapter or chapter 71," for "of this section".
Subsec. (h)(3). Pub. L. 108-21, Sec. 511(a)(2), inserted ",
computer generated image, digital image, or picture," after "video
tape".
Subsec. (i). Pub. L. 108-21, Sec. 511(a)(3), substituted "not
more than 5 years" for "not more than 2 years" and "10 years" for
"5 years".
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."
REPORT
Pub. L. 108-21, title V, Sec. 511(b), Apr. 30, 2003, 117 Stat.
685, provided that, not later than 1 year after Apr. 30, 2003, the
Attorney General was to submit to Congress a report detailing the
number of times since January 1993 that the Department of Justice
had inspected records pursuant to this section and section 75 of
title 28 of the Code of Federal Regulations, and the number of
violations prosecuted as a result of those inspections.