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TITLE 18 > PART I > CHAPTER 110 > § 2257
§ 2257. Record keeping requirements
Release date: 2004-08-06
(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 performers
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 performers 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.
(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.
Are you looking for custodian
of records?
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Our office is located at 5348 Vegas Dr., Las Vegas, NV 89108. About us.
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