Sec. 2257. - Record keeping requirements
LEGAL
INFORMATION
Sec. 2257. - Record keeping
requirements
(a)Whoever produces any book,
magazine, periodical, film, videotape, 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.
(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 section or for a
violation of any applicable provision of law with respect to the furnishing
of false information.
(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.
(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;
and
(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.
(g)The Attorney General shall
issue appropriate regulations to carry out this section.
(h)As used in this section -
(1)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;
(3)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
(4)the term ''performer'' includes
any person portrayed in a visual depiction engaging in, or assisting another
person to engage in, actual sexually explicit conduct.
(i)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