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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;

(C)

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;

(C)

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