SEC. 311. RECORDKEEPING REQUIREMENTS.
Section 2257 of title 18, United States Code, is amended by striking subsections (d) and (e) and inserting the following:
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.
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.
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.
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
“(f) It shall be unlawful—
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;
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;
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
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—
contains one or more visual depictions made after the effective date of
this subsection of actual sexually explicit conduct; and
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;
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—
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;
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
the term ‘performer’ includes any person portrayed in a visual
depiction engaging in, or assisting another person to engage in, actual
sexually explicit conduct.
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.”.
<< 18 USCA § 2257 NOTE >>
SEC. 312. EFFECTIVE DATE.
(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 except—
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;
subsection (e) of section 2257 and of any regulation issued pursuant
thereto shall take effect 90 days after the date of the enactment of
2010-2012 J. D. Obenberger. All rights reserved. No Claim is made as to
works in the public domain, to the text of statutes, administrative
regulations, and judicial decisions.
article is written to generally inform the public and does not provide
legal advice nor does it establish an attorney-client relationship. If
you have a legal issue or question, contact a lawyer. If you are
arrested, make no statement and contact a lawyer immediately.
Obenberger is a Chicago Loop lawyer concentrating in the law of free
expression and liberty under the United States Constitution, and his
firm has represented many owners, employees, and customers of
adult-oriented businesses, both online and in the real world. He can be
reached in the office at 312 558-6420. His e-mail address is
D. Obenberger and Associates are available for consultation,
representation, and defense of adult-oriented businesses.