18 U.S. Code CHAPTER 110—SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
18 U.S. Code § 2256.Definitions for chapter
For the purposes of this chapter, the term—
(1)
“
minor” means any
person under the age of eighteen years;
(2)
(A)Except as provided in subparagraph (B), “
sexually explicit conduct” means actual or simulated—
(i)
sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between
persons of the same or opposite
sex;
(ii)
bestiality;
(iii)
masturbation;
(iv)
sadistic or masochistic
abuse; or
(v)
lascivious exhibition of the anus, genitals, or pubic area of any
person;
(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;
(ii)graphic or lascivious simulated;
(I)
bestiality;
(II)
masturbation; or
(III)
sadistic or masochistic
abuse; or
(iii)
graphic or simulated lascivious exhibition of the anus, 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, 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;
(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 a digital image,
computer image, or
computer-generated image that is, or is
indistinguishable from, that of a
minor engaging in
sexually explicit conduct; or
(C)
such
visual depiction has been created, adapted, or modified to appear that an identifiable
minor is engaging in
sexually explicit conduct.
(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.
(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.
www.law.cornell.edu
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