(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.
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