| 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.
(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 |