Page:United States Statutes at Large Volume 104 Part 6.djvu/409

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4799 explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; "(9) the term 'sexually explicit conduct' means actual or simulated— "(A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oralanal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexusil desire of any person; "(B) bestiality; "(C) masturbation; "(D) lascivious exhibition of the genitals or pubic area of a person or animal; or "(E) sadistic or masochistic abuse; "(10) the term 'sex crime' means an act of sexual abuse that is a criminal act; "(11) the term 'exploitation' means child pornography or child prostitution; "(12) the term 'negligent treatment' means the failure to provide, for reasons other than poverty, adequate food, clothing, shelter, or medical care so as to seriously endanger the physical health of the child; and "(13) the term 'child abuse' does not include discipline administered by a parent or legal guardian to his or her child provided it is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. '(b) ALTERNATIVES TO LIVE IN-COURT TESTIMONY. — "(1) CHILD'S LIVE TESTIMONY BY 2-WAY CLOSED CIRCUIT TELE- VISION. — "(A) In a proceeding involving an alleged offense against a child, the attorney for the government, the child's attorney, or a guardian ad litem appointed under subdivision (h) may apply for an order that the child's testimony be taken in a room outside the courtroom and be televised by 2-way closed circuit television. The person seeking such an order shall apply for such an order at least 5 days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable. "(B) The court may order that the testimony of the child be taken by closed-circuit television as provided in subparagraph (A) if the court finds that the child is unable to testify in open court in the presence of the defendant, for any of the following reasons: "(i) The child is unable to testify because of fear, "(ii) There is a substantial likelihood, established by expert testimony, that the child would suffer emotional trauma from testifying. "(iii) The child suffers a mental or other infirmity. "(iv) Conduct by defendant or defense counsel causes the child to be unable to continue testifying. "(C) The court shall support a ruling on the child's inability to testify with findings on the record. In determining whether the impact on an individual child of one or more of the factors described in subparagraph (B) is so substantial