18 Usc 2257

18 Usc 2257

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Recordkeeping for Visual Depictions of Actual and Simulated Sexually Explicit Conduct

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          In order to protect children from sexual exploitation crimes, federal law imposes name- and age-verification, recordkeeping, and labeling requirements on producers of visual depictions of actual human beings engaged in actual or simulated sexually explicit conduct (See 18 U.S.C. §§ 2257, 2257A). This means that producers of pornography, or depictions of any sexual activity using actual people, are required to verify that the performers are of legal age (18–years–old or older) by maintaining records of the performers’ names and ages. They also are required to disclose the location of these records. Under the law, all records are subject to inspection.
          Producers using actual people to depict images of simulated sexually explicit conduct or the lascivious exhibition of the genitals or pubic area, who regularly within the course of business, collect and maintain records of the performers’ identification information can send a certification to the Attorney General verifying their exemption from the aforementioned requirements (See 18 U.S.C. § 2257A).
          The certifications should be emailed to: 2257A.certifications@usdoj.gov .
          CEOS maintains 18 U.S.C §§ 2257- 2257A certifications provided by producers of these types of depictions of sexually explicit conduct.
Steven J. Grocki
Chief, Child Exploitation and Obscenity Section

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(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.
(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 section 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.
(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.
(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.
(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.
(Added Pub. L. 100–690, title VII, §7513(a), Nov. 18, 1988, 102 Stat. 4487; amended Pub. L. 101–647, title III, §§301(b), 311, Nov. 29, 1990, 104 Stat. 4816; Pub. L. 103–322, title XXXIII, §330004(14), Sept. 13, 1994, 108 Stat. 2142.)
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.
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, §301(b), substituted “November 1, 1990” for “February 6, 1978”.
Subsec. (d). Pub. L. 101–647, §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, §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, §311, added subsec. (f) relating to unlawful acts and omissions.
Subsec. (g). Pub. L. 101–647, §311, added subsec. (g) relating to issuance of regulations.
Subsecs. (h), (i). Pub. L. 101–647, §311, added subsecs. (h) and (i).
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.”
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.”
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United States Code, 2000 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE
Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN Sec. 2257 - Record keeping requirements
Added Pub. L. 100-690, title VII, §7513(a), Nov. 18, 1988, 102 Stat. 4487; amended Pub. L. 101-647, title III, §§301(b), 311, Nov. 29, 1990, 104 Stat. 4816; Pub. L. 103-322, title XXXIII, §330004(14), Sept. 13, 1994, 108 Stat. 2142.
102 Stat. 4487 104 Stat. 4816 108 Stat. 2142
Public Law 100-690, Public Law 101-647, Public Law 103-322

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This website, URNotAlone.com, is exempt from the record-keeping requirements of 18 U.S.C. 2257(a)-( c ).
URNotAlone.com, does not contain visual depictions of actual or simulated sexually explicit conduct under the definitions of such, described in 18 USC 2257, and, as such, is exempt from the record-keeping requirements set forth in 18 USC 2257 and CFR 75 – per Sec.75.7
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Under a federal law, 18 U.S.C. § 2257, producers of a "visual depiction of an actual human being engaged in actual sexually explicit conduct" are required to keep records showing the ages of the models. It does not cover images produced before July 3, 1995, or depictions of virtual sexually explicit conduct not involving action human beings.

The Adam Walsh Child Protection and Safety Act, codified at 18 U.S.C. § 2257A, extended record keeping requirements to "simulated sexually explicit conduct" and "lascivious exhibition of the genitals or pubic area of any person" beginning March 18, 2009. Section 2257A also creates a safe harbor certification process for television and movie producers of simulated or lascivious depictions. The certification does not apply to other types of depictions covered by § 2257. New regulations issued December 8, 2008 cover these changes.

Producers are required to maintain records of the legal name and date of birth of each performer, any other name ever used by the performer, a copy of photo identification issued by a government entity, a copy of the depiction, the date of original production, and the URL associated with the depiction if it is published online. Revised Regulations for Records Relating to Visual Depictions of Sexually Explicit Conduct; Inspection of Records Relating to Depiction of Simulated Sexually Explicit Performance, 73 Fed. Reg. 77,470 (Dec. 18, 2008) (codified at 28 C.F.R. pt. 75).

The records must be indexed by name and cross-referenced to other names used and title or identify number of the book, magazine, film, videotape, digitally- or computer-manipulated image, digital image, picture, URL, or other matter. Id. at 77,470.

A statement of the location of the records must be affixed to every copy of depictions that fall under the record-keeping requirements. For online publishers, the statement must appear on every webpage that contains a depictions, but can be a "separate window that opens upon the viewer's clicking or mousing-over a hypertext link that states, '18 U.S.C. 2257 [and/or 2257A, as appropriate] Record-Keeping Requirements Compliance Statement.'" 73 Fed. Reg. at 77,471.

Producers must keep copies of these records for seven years, and maintain them for five years after the producer is out of business. Id. at 77,470.

Producers must allow Attorneys General or their agents to enter their business premise and inspect the records or keep the business records at with a third party custodian that provides for access during regular business hours or at least 20 hours a week with no advanced notice and no requirement of suspicion. Id.

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