T Nation

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Child Pornography Laws

Sec. 2256. Definitions for chapter

For the purposes of this chapter, the term - (1) ‘minor’ means any person under the age of eighteen years

(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;
© masturbation;
(d) sadistic or masochistic abuse; or
(e) 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, and data stored on computer disk or by electronic means which is capable of conversion into a visual image;

(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, or appears to be, of a minor engaging in sexually explicit conduct;
© such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or
(d) 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

(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.

www4.law.cornell.edu/ uscode/18/2256.html