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Agreement

I swear/affirm that I am an adult, at least 18 years of age or older. Should I find material which I regard as offensive, I will leave this site immediately.I recognize the rights of others to view and benefit from material that is not consistent with my standards or interests and will take no action to infringe on those rights.If I use these services in violation of the above agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions. By entering this site, I release and discharge the providers, owners and creators of this site from any and all liability which might arise.Entry by any means to any subsequent page on this site, thereby causing this warning page to be by-passed, shall constitute an implicit acceptance of the terms herein set forth.(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;




(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,
[1]
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)); 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)) 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.