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CITE

    18 USC Sec. 2256                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 110 - SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

HEAD

    Sec. 2256. Definitions for chapter

STATUTE

      For the purposes of this chapter, the term -
        (1) "minor" means any person under the age of eighteen years;
        (2)(A) Except as provided in subparagraph (B), "sexually
      explicit conduct" means actual or simulated -
          (i) sexual intercourse, including genital-genital, oral-
        genital, anal-genital, or oral-anal, whether between persons
        of the same or opposite sex;
          (ii) bestiality;
          (iii) masturbation;
          (iv) sadistic or masochistic abuse; or
          (v) lascivious exhibition of the genitals or pubic area of
        any person;
        (B) For purposes of subsection 8(B) (!1) of this section,
      "sexually explicit conduct" means -
          (i) graphic sexual intercourse, including genital-genital,
        oral-genital, anal-genital, or oral-anal, whether between
        persons of the same or opposite sex, or lascivious simulated
        sexual intercourse where the genitals, breast, or pubic area of
        any person is exhibited;
          (ii) graphic or lascivious simulated;
            (I) bestiality;
            (II) masturbation; or
            (III) sadistic or masochistic abuse; or
          (iii) graphic or simulated lascivious exhibition of the
        genitals or pubic area of any person;
        (3) "producing" means producing, directing, manufacturing,
      issuing, publishing, or advertising;
        (4) "organization" means a person other than an individual;
        (5) "visual depiction" includes undeveloped film and videotape,
      data stored on computer disk or by electronic means which is
      capable of conversion into a visual image, and data which is
      capable of conversion into a visual image that has been
      transmitted by any means, whether or not stored in a permanent
      format;
        (6) "computer" has the meaning given that term in section 1030
      of this title;
        (7) "custody or control" includes temporary supervision over or
      responsibility for a minor whether legally or illegally obtained;
        (8) "child pornography" means any visual depiction, including
      any photograph, film, video, picture, or computer or computer-
      generated image or picture, whether made or produced by
      electronic, mechanical, or other means, of sexually explicit
      conduct, where -
          (A) the production of such visual depiction involves the use
        of a minor engaging in sexually explicit conduct;
          (B) such visual depiction is a digital image, computer image,
        or computer-generated image that is, or is indistinguishable
        from, that of a minor engaging in sexually explicit conduct; or
          (C) such visual depiction has been created, adapted, or
        modified to appear that an identifiable minor is engaging in
        sexually explicit conduct.
        (9) "identifiable minor" -
          (A) means a person -
            (i)(I) who was a minor at the time the visual depiction was
          created, adapted, or modified; or
            (II) whose image as a minor was used in creating, adapting,
          or modifying the visual depiction; and
            (ii) who is recognizable as an actual person by the
          person's face, likeness, or other distinguishing
          characteristic, such as a unique birthmark or other
          recognizable feature; and
          (B) shall not be construed to require proof of the actual
        identity of the identifiable minor.
        (10) "graphic", when used with respect to a depiction of
      sexually explicit conduct, means that a viewer can observe any
      part of the genitals or pubic area of any depicted person or
      animal during any part of the time that the sexually explicit
      conduct is being depicted; and
        (11) the term "indistinguishable" used with respect to a
      depiction, means virtually indistinguishable, in that the
      depiction is such that an ordinary person viewing the depiction
      would conclude that the depiction is of an actual minor engaged
      in sexually explicit conduct. This definition does not apply to
      depictions that are drawings, cartoons, sculptures, or paintings
      depicting minors or adults.

SOURCE

    (Added Pub. L. 95-225, Sec. 2(a), Feb. 6, 1978, 92 Stat. 8, Sec.
    2253; renumbered Sec. 2255 and amended Pub. L. 98-292, Sec. 5, May
    21, 1984, 98 Stat. 205; renumbered Sec. 2256, Pub. L. 99-500, Sec.
    101(b) [title VII, Sec. 703(a)], Oct. 18, 1986, 100 Stat. 1783-39,
    1783-74, and Pub. L. 99-591, Sec. 101(b) [title VII, Sec. 703(a)],
    Oct. 30, 1986, 100 Stat. 3341-39, 3341-74; Pub. L. 99-628, Sec. 4,
    Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100-690, title VII, Secs.
    7511(c), 7512(b), Nov. 18, 1988, 102 Stat. 4485, 4486; Pub. L. 104-
    208, div. A, title I, Sec. 101(a) [title I, Sec. 121[2]], Sept.
    30, 1996, 110 Stat. 3009, 3009-26, 3009-27; Pub. L. 108-21, title
    V, Sec. 502(a)-(c), Apr. 30, 2003, 117 Stat. 678, 679; Pub. L. 110-
    401, title III, Sec. 302, Oct. 13, 2008, 122 Stat. 4242.)

CODIFICATION

      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

      2008 - Par. (5). Pub. L. 110-401 struck out "and" before "data
    stored" and inserted ", and data which is capable of conversion
    into a visual image that has been transmitted by any means, whether
    or not stored in a permanent format" before semicolon at end.
      2003 - Par. (2). Pub. L. 108-21, Sec. 502(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows:
      "(2) 'sexually explicit conduct' means actual or simulated -
        "(A) sexual intercourse, including genital-genital, oral-
      genital, anal-genital, or oral-anal, whether between persons of
      the same or opposite sex;
        "(B) bestiality;
        "(C) masturbation;
        "(D) sadistic or masochistic abuse; or
        "(E) lascivious exhibition of the genitals or pubic area of any
      person;".
      Par. (8)(B). Pub. L. 108-21, Sec. 502(a)(1), amended subpar. (B)
    generally. Prior to amendment, subpar. (B) read as follows: "such
    visual depiction is, or appears to be, of a minor engaging in
    sexually explicit conduct;".
      Par. (8)(C). Pub. L. 108-21, Sec. 502(a)(2), substituted a period
    for "; or" at end.
      Par. (8)(D). Pub. L. 108-21, Sec. 502(a)(3), struck out subpar.
    (D) which read as follows: "such visual depiction is advertised,
    promoted, presented, described, or distributed in such a manner
    that conveys the impression that the material is or contains a
    visual depiction of a minor engaging in sexually explicit conduct;
    and".
      Pars. (10), (11). Pub. L. 108-21, Sec. 502(c), added pars. (10)
    and (11).
      1996 - Par. (5). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    121[2(1)]], inserted ", and data stored on computer disk or by
    electronic means which is capable of conversion into a visual
    image" before semicolon at end.
      Pars. (8), (9). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    121[2(2)-(4)]], added pars. (8) and (9).
      1988 - Par. (6). Pub. L. 100-690, Sec. 7511(c), added par. (6).
      Par. (7). Pub. L. 100-690, Sec. 7512(b), added par. (7).
      1986 - Pub. L. 99-500 and Pub. L. 99-591 renumbered section 2255
    of this title as this section.
      Par. (5). Pub. L. 99-628, which directed that par. (5) be added
    to section 2255 of this title, was executed by adding par. (5) to
    section 2256 of this title to reflect the probable intent of
    Congress and the renumbering of section 2255 as 2256 by Pub. L. 99-
    500 and Pub. L. 99-591.
      1984 - Pub. L. 98-292, Sec. 5(b), renumbered section 2253 of this
    title as this section.
      Par. (1). Pub. L. 98-292, Sec. 5(a)(1), substituted "eighteen"
    for "sixteen".
      Par. (2)(D). Pub. L. 98-292, Sec. 5(a)(2), (3), substituted
    "sadistic or masochistic" for "sado-masochistic" and struck out
    "(for the purpose of sexual stimulation)" after "abuse".
      Par. (2)(E). Pub. L. 98-292, Sec. 5(a)(4), substituted
    "lascivious" for "lewd".
      Par. (3). Pub. L. 98-292, Sec. 5(a)(5), struck out ", for
    pecuniary profit" after "advertising".
      Par. (4). Pub. L. 98-292, Sec. 5(a)(6), substituted "
    'organization' means a person other than an individual" for "
    'visual or print medium' means any film, photograph, negative,
    slide, book, magazine, or other visual or print medium".
     CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND
                            2256 OF THIS TITLE
      For provisions declaring and confirming intent of Congress in
    enacting this section, see section 160003(a) of Pub. L. 103-322,
    set out as a note under section 2252 of this title.

FOOTNOTE

    (!1) So in original. Probably should be "(8)(B)".