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18 U.S.C. § 2257 — Record keeping requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, 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 fr
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Source file: Laws/federal/codes/united-states-code/title-18/section-2257-record-keeping-requirements--3e2e03a152.md
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Source location: Title 18, Chapter 110, § 2257; chapter-110-sexual-exploitation-and-other-abuse-of-children.md
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**(a)** Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, 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 chapter or chapter 71, 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. In this paragraph, the term “copy” includes every page of a website on which matter described in subsection (a) appears.
(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;
(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; and
(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).
**(g)** The Attorney General shall issue appropriate regulations to carry out this section.
**(h)** In this section—
(1) the term “actual sexually explicit conduct” means actual but not simulated conduct as defined in clauses (i) through (v) of [section 2256(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/2/A&num=0&edition=prelim);
(2) the term “produces”—
(A) means—
(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being;
(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or
(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content,11 So in original. The comma probably should not appear. of a computer site or service that contains a visual depiction of, sexually explicit conduct; and
(B) does not include activities that are limited to—
(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication;
(ii) distribution;
(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers;
(iv) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 ([47 U.S.C. 231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section231&num=0&edition=prelim))); or
(v) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 ([47 U.S.C. 230(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section230/c&num=0&edition=prelim)) shall not constitute such selection or alteration of the content of the communication; and
(3) the term “performer” includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct.
**(i)** Whoever violates this section shall be imprisoned for not more than 5 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 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who—
(1) knowingly transports or ships using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means including by computer or mails, any visual depiction, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(2) knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;
(3) either—
(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim), knowingly sells or possesses with intent to sell any visual depiction; or
(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or has been shipped
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2252
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement to restrict access**
(1) **Prohibited conduct** — Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commercial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both.
(2) **Intentional violations** — In addition to the penalties under paragraph (1), whoever intentionally violates such paragraph shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
(3) **Civil penalty** — In addition to the penalties under paragraphs (1) and (2), whoever violates paragraph (1) shall be subject to a civil penalty of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation.
**(b) Inapplicability of carriers and other service providers** For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the extent that such person is—
(1) a telecommunications carrier engaged in the provision of a telecommunications service;
(2) a person engaged in the business of providing an Internet access service;
(3) a person engaged in the business of providing an Internet information location tool; or
(4) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, except that such person’s deletion of a particular communication or mate
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Commercial pornographic content** — The term “commercial pornographic content” means any material that is subject to the record keeping requirements under [section 2257 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2257&num=0&edition=prelim).
(2) **Consent** — The term “consent” means an affirmative, conscious, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion.
(3) **Depicted individual** — The term “depicted individual” means an individual whose body appears in whole or in part in an intimate visual depiction and who is identifiable by virtue of the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the visual depiction.
(4) **Disclose** — The term “disclose” means to transfer, publish, distribute, or make accessible.
(5) **Intimate visual depiction** — The term “intimate visual depiction”—
(A) means a visual depiction, as that term is defined in [section 2256(5) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2256/5&num=0&edition=prelim), that depicts—
(i) the uncovered genitals, pubic area, anus, or post-pubescent female nipple of an identifiable individual; or
(ii) the display or transfer of bodily sexual fluids—
(I) on to any part of the body of an identifiable individual;
(II) from the body of an identifiable individual; or
(III) an identifiable individual engaging in sexually explicit conduct and 11 So in original.
(B) includes any visual depictions described in subparagraph (A) produced while the identifiable individual wa
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed.
**(b)** Any parent, legal guardian, or person having custody or control of a minor who knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct shall be punished as provided under subsection (e) of this section, if such parent, legal guardian, or person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affec
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Election to treat costs as expenses**
(1) **In general** — A taxpayer may elect to treat the cost of any qualified film or television production, any qualified live theatrical production, and any qualified sound recording production as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction.
(2) **Dollar limitation**
(A) *In general* — Paragraph (1) shall not apply to so much of the aggregate cost of any qualified film or television production or any qualified live theatrical production as exceeds $15,000,000.
(B) *Higher dollar limitation for productions in certain areas* — In the case of any qualified film or television production or any qualified live theatrical production the aggregate cost of which is significantly incurred in an area eligible for designation as—
(i) a low-income community under section 45D, or
(ii) a distressed county or isolated area of distress by the Delta Regional Authority established under [section 2009aa–1 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2009aa–1&num=0&edition=prelim), United States Code,
subparagraph (A) shall be applied by substituting “$20,000,000” for “$15,000,000”.
(C) *Qualified sound recording production* — Paragraph (1) shall not apply to so much of the aggregate cost of any qualified sound recording production, or to so much of the aggregate, cumulative cost of all such qualified sound recording productions in the taxable year, as exceeds $150,000.
**(b) No other deduction or amortization deduction allowable** With respect to the basis of any qualified film or television production, any qualified live theatrical production, or any qualified sound recording production to which an election is made
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For purposes of sections 3121(a)(1) and 3306(b)(1), remuneration paid to a motion picture project worker by a motion picture project employer during a calendar year shall be treated as remuneration paid with respect to employment of such worker by such employer during the calendar year. The identity of such employer for such purposes shall be determined as set forth in this section and without regard to the usual common law rules applicable in determining the employer-employee relationship.
**(b) Definitions** For purposes of this section—
(1) **Motion picture project employer** — The term “motion picture project employer” means any person if—
(A) such person (directly or through affiliates)—
(i) is a party to a written contract covering the services of motion picture project workers with respect to motion picture projects in the course of a client’s trade or business,
(ii) is contractually obligated to pay remuneration to the motion picture project workers without regard to payment or reimbursement by any other person,
(iii) controls the payment (within the meaning of section 3401(d)(1)) of remuneration to the motion picture project workers and pays such remuneration from its own account or accounts,
(iv) is a signatory to one or more collective bargaining agreements with a labor organization (as defined in [29 U.S.C. 152(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section152/5&num=0&edition=prelim)) that represents motion picture project workers, and
(v) has treated substantially all motion picture project workers that such person pays as employees and not as independent contractors during such calendar year for purposes of determining employment taxes under this subtitle, and
(B) at leas
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Federal law — U.S. Code and appendices · legal_authorities
Page 535
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2257
Editorial Notes
CODIFICATION
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
AMENDMENTS
2018—Par. (2)(A)(v), (B)(iii). Pub. L. 115–299 sub-
stituted ‘‘anus, genitals, or’’ for ‘‘genitals or’’.
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 trans-
mitted by any means, whether or not stored in a per-
manent 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 simu-
lated—
‘‘(A) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether be-
tween 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 pe-
riod for ‘‘; or’’ at end.
Par. (8)(D). Pub. L. 108–21, § 502(a)(3), struck out sub-
par. (D) which read as follows: ‘‘such visual depiction is
advertised, promoted, presented, described, or distrib-
uted 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[
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2257
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds the following:
(1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
(2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.
(3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
(4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.
(5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.
**(b) Policy** It is the policy of the United States—
(1) to promote the continued development of the Internet and other interactive computer services and other interactive media;
(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation;
(3) to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services;
(4) to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
(5) to ensure vigorous enforcement of
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 230
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Federal law — U.S. Code and appendices · legal_authorities
Page 89
TITLE 47—TELECOMMUNICATIONS
§ 230
and shall order a common carrier to modify any
such policy or procedure that the Commission
determines does not comply with Commission
regulations. The Commission shall conduct such
investigations as may be necessary to insure
compliance by common carriers with the re-
quirements of the regulations prescribed under
this section.
(d) Penalties
For purposes of this chapter, a violation by an
officer or employee of any policy or procedure
adopted by a common carrier pursuant to sub-
section (b), or of a rule prescribed by the Com-
mission pursuant to subsection (a), shall be con-
sidered to be a violation by the carrier of a rule
prescribed by the Commission pursuant to this
chapter.
(e) Cost recovery for Communications Assistance
for Law Enforcement Act compliance
(1) Petitions authorized
A common carrier may petition the Commis-
sion to adjust charges, practices, classifica-
tions, and regulations to recover costs ex-
pended for making modifications to equip-
ment, facilities, or services pursuant to the re-
quirements of section 103 of the Communica-
tions Assistance for Law Enforcement Act [47
U.S.C. 1002].
(2) Commission authority
The Commission may grant, with or without
modification, a petition under paragraph (1) if
the Commission determines that such costs
are reasonable and that permitting recovery is
consistent with the public interest. The Com-
mission may, consistent with maintaining just
and reasonable charges, practices, classifica-
tions, and regulations in connection with the
provision of interstate or foreign communica-
tion by wire or radio by a common carrier,
allow carriers to adjust such charges, prac-
tices, classifications, and regulations in order
to carry out the purposes of this
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 230
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Federal law — U.S. Code and appendices · legal_authorities
Page 91
TITLE 47—TELECOMMUNICATIONS
§ 231
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Pub. L. 115–164, § 4(b), Apr. 11, 2018, 132 Stat. 1254, pro-
vided that: ‘‘The amendments made by this section
[amending this section] shall take effect on the date of
the enactment of this Act [Apr. 11, 2018], and the
amendment made by subsection (a) shall apply regard-
less of whether the conduct alleged occurred, or is al-
leged to have occurred, before, on, or after such date of
enactment.’’
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–277 effective 30 days after
Oct. 21, 1998, see section 1406 of Pub. L. 105–277, set out
as a note under section 223 of this title.
SAVINGS
Pub. L. 115–164, § 7, Apr. 11, 2018, 132 Stat. 1255, pro-
vided that: ‘‘Nothing in this Act [see Short Title of 2018
Amendment note set out under section 1 of Title 18,
Crimes and Criminal Procedure] or the amendments
made by this Act shall be construed to limit or preempt
any civil action or criminal prosecution under Federal
law or State law (including State statutory law and
State common law) filed before or after the day before
the date of enactment of this Act [Apr. 11, 2018] that
was not limited or preempted by section 230 of the
Communications Act of 1934 (47 U.S.C. 230), as such sec-
tion was in effect on the day before the date of enact-
ment of this Act.’’
SENSE OF CONGRESS
Pub. L. 115–164, § 2, Apr. 11, 2018, 132 Stat. 1253, pro-
vided that: ‘‘It is the sense of Congress that—
‘‘(1) section 230 of the Communications Act of 1934
(47 U.S.C. 230; commonly known as the ‘Communica-
tions Decency Act of 1996’) was never intended to pro-
vide legal protection to websites that unlawfully pro-
mote and facilitate prostitution and websites that fa-
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 231
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