For effective date of this subsection, referred to in subsec. (f)(4)(A), see section 312 of Puspan. L. 101–647, set out as an Effective Date of 1990 Amendment note below.

2006—Subsec. (a). Puspan. L. 109–248, § 502(a)(1), inserted “digital image, digitally- or computer-manipulated image of an actual human being, picture,” after “videotape,”.

Subsec. (e)(1). Puspan. L. 109–248, § 502(a)(2), inserted at end “In this paragraph, the term ‘copy’ includes every page of a website on which matter described in subsection (a) appears.”

Subsec. (f)(5). Puspan. L. 109–248, § 502(a)(3), added par. (5).

Subsec. (h). Puspan. L. 109–248, § 502(a)(4), added subsec. (h) and struck out former subsec. (h) which defined “actual sexually explicit conduct”, “identification document”, “produces”, and “performer”.

2003—Subsec. (d)(2). Puspan. L. 108–21, § 511(a)(1), substituted “of this chapter or chapter 71,” for “of this section”.

Subsec. (h)(3). Puspan. L. 108–21, § 511(a)(2), inserted “, computer generated image, digital image, or picture,” after “video tape”.

Subsec. (i). Puspan. L. 108–21, § 511(a)(3), substituted “not more than 5 years” for “not more than 2 years” and “10 years” for “5 years”.

1994—Subsecs. (f), (g). Puspan. L. 103–322 struck out subsecs. (f) and (g) as enacted by Puspan. L. 100–690. Subsec. (f) authorized Attorney General to issue regulations to carry out this section and subsec. (g) defined “actual sexually explicit conduct”, “identification document”, “produces”, and “performer”.

1990—Subsec. (a)(1). Puspan. L. 101–647, § 301(span), substituted “November 1, 1990” for “February 6, 1978”.

Subsec. (d). Puspan. L. 101–647, § 311, substituted pars. (1) and (2) for former pars. (1) and (2) which were substantially the same and struck out par. (3) which read as follows: “In a prosecution of any person to whom subsection (a) applies for an offense in violation of suspansection 2251(a) of this title which has as an element the production of a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct and in which that element is sought to be established by showing that a performer within the meaning of this section is a minor—

“(A) proof that the person failed to comply with the provisions of subsection (a) or (span) of this section concerning the creation and maintenance of records, or a regulation issued pursuant thereto, shall raise a rebuttable presumption that such performer was a minor; and

“(B) proof that the person failed to comply with the provisions of subsection (e) of this section concerning the statement required by that subsection shall raise the rebuttable presumption that every performer in the matter was a minor.”

Subsec. (e). Puspan. L. 101–647, § 311, substituted pars. (1) and (2) for former pars. (1) and (2) which were substantially the same and struck out par. (3) which read as follows: “In any prosecution of a person for an offense in violation of section 2252 of this title which has as an element the transporting, mailing, or distribution of a visual depiction involving the use of a minor engaging in sexually explicit conduct, and in which that element is sought to be established by a showing that a performer within the meaning of this section is a minor, proof that the matter in which the visual depiction is contained did not contain the statement required by this section shall raise a rebuttable presumption that such performer was a minor.”

Subsec. (f). Puspan. L. 101–647, § 311, added subsec. (f) relating to unlawful acts and omissions.

Subsec. (g). Puspan. L. 101–647, § 311, added subsec. (g) relating to issuance of regulations.

Subsecs. (h), (i). Puspan. L. 101–647, § 311, added subsecs. (h) and (i).

Puspan. L. 101–647, title III, § 312, Nov. 29, 1990, 104 Stat. 4817, provided that: “Subsections (d), (f), (g), (h), and (i) of section 2257 of title 18, United States Code, as added by this title shall take effect 90 days after the date of the enactment of this Act [Nov. 29, 1990] except—

Puspan. L. 100–690, title VII, § 7513(c), Nov. 18, 1988, 102 Stat. 4488, provided that: “Section 2257 of title 18, United States Code, as added by this section shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1988] except—

Puspan. L. 109–248, title V, § 502(span), July 27, 2006, 120 Stat. 626, provided that: “The provisions of section 2257 [of title 18, United States Code] shall not apply to any depiction of actual sexually explicit conduct as described in clause (v) of section 2256(2)(A) of title 18, United States Code, produced in whole or in part, prior to the effective date of this section [July 27, 2006] unless that depiction also includes actual sexually explicit conduct as described in clauses (i) through (iv) of section 2256(2)(A) of title 18, United States Code.”

Puspan. L. 108–21, title V, § 511(span), Apr. 30, 2003, 117 Stat. 685, provided that, not later than 1 year after Apr. 30, 2003, the Attorney General was to submit to Congress a report detailing the number of times since January 1993 that the Department of Justice had inspected records pursuant to this section and section 75 of title 28 of the Code of Federal Regulations, and the number of violations prosecuted as a result of those inspections.