Laws: Cases and Codes : U.S. Code : Title 18 : Section 2257
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U.S. Code as of:
01/19/04
Section 2257 - Notes
SOURCE
(Added Pub. L. 100-690, title VII, Sec. 7513(a), Nov. 18, 1988, 102
Stat. 4487; amended Pub. L. 101-647, title III, Secs. 301(b), 311,
Nov. 29, 1990, 104 Stat. 4816; Pub. L. 103-322, title XXXIII, Sec.
330004(14), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 108-21, title
V, Sec. 511(a), Apr. 30, 2003, 117 Stat. 684.)
REFERENCES IN TEXT
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.
AMENDMENTS
2003 - Subsec. (d)(2). Pub. L. 108-21, Sec. 511(a)(1),
substituted "of this chapter or chapter 71," for "of this section".
Subsec. (h)(3). Pub. L. 108-21, Sec. 511(a)(2), inserted ",
computer generated image, digital image, or picture," after "video
tape".
Subsec. (i). Pub. L. 108-21, Sec. 511(a)(3), substituted "not
more than 5 years" for "not more than 2 years" and "10 years" for
"5 years".
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, Sec. 301(b), substituted
"November 1, 1990" for "February 6, 1978".
Subsec. (d). Pub. L. 101-647, Sec. 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, Sec. 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, Sec. 311, added subsec. (f)
relating to unlawful acts and omissions.
Subsec. (g). Pub. L. 101-647, Sec. 311, added subsec. (g)
relating to issuance of regulations.
Subsecs. (h), (i). Pub. L. 101-647, Sec. 311, added subsecs. (h)
and (i).
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