18 U.S. Code § 2256 - Definitions for chapter
For the purposes of this chapter, the term—
(2)
(A)
Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated—
(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;
(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;
(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;
(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.
[1] So in original. Probably should be “(8)(B)”.
Source
(Added Pub. L. 95–225, § 2(a),Feb. 6, 1978, 92 Stat. 8, § 2253; renumbered § 2255 and amended Pub. L. 98–292, § 5,May 21, 1984, 98 Stat. 205; renumbered § 2256,Pub. L. 99–500, § 101(b) [title VII, § 703(a)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–74, and Pub. L. 99–591, § 101(b) [title VII, § 703(a)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–74; Pub. L. 99–628, § 4,Nov. 7, 1986, 100 Stat. 3510; Pub. L. 100–690, title VII, §§ 7511(c),
7512(b),Nov. 18, 1988, 102 Stat. 4485, 4486; Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 121[2]], Sept. 30, 1996, 110 Stat. 3009, 3009–26, 3009–27; Pub. L. 108–21, title V, § 502(a)–(c), Apr. 30, 2003, 117 Stat. 678, 679; Pub. L. 110–401, title III, § 302,Oct. 13, 2008, 122 Stat. 4242.)
Codification
Pub. L. 99–591is a corrected version of Pub. L. 99–500.
Amendments
2008—Par. (5). Pub. L. 110–401struck 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, § 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, § 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, § 502(a)(2), substituted a period for “; or” at end.
Par. (8)(D). Pub. L. 108–21, § 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, § 502(c), added pars. (10) and (11).
1996—Par. (5). Pub. L. 104–208, § 101(a) [title I, § 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, § 101(a) [title I, § 121[2(2)–(4)]], added pars. (8) and (9).
1988—Par. (6). Pub. L. 100–690, § 7511(c), added par. (6).
Par. (7). Pub. L. 100–690, § 7512(b), added par. (7).
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. 99–500and Pub. L. 99–591.
1984—Pub. L. 98–292, § 5(b), renumbered section
2253 of this title as this section.
Par. (1). Pub. L. 98–292, § 5(a)(1), substituted “eighteen” for “sixteen”.
Par. (2)(D). Pub. L. 98–292, § 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, § 5(a)(4), substituted “lascivious” for “lewd”.
Par. (3). Pub. L. 98–292, § 5(a)(5), struck out “, for pecuniary profit” after “advertising”.
Par. (4). Pub. L. 98–292, § 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) ofPub. L. 103–322, set out as a note under section
2252 of this title.
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