Page:United States Statutes at Large Volume 104 Part 6.djvu/427

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4817 "(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 materigils 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. "(g) The Attorney General shall issue appropriate regulations to Regulations, carry out this section. "(h) As used in this section— "(1) the term 'actual sexually explicit conduct' means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 2256 of this title; "(2) 'identification document' has the meaning given that term in section 1028(d) of this title; "(3) the term 'produces' means to produce, manufacture, or publish any book, magazine, periodical, film, video tape or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and "(4) the term 'performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct, "(i) Whoever violates this section shall be imprisoned for not more Law than 2 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 5 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.". enforcement. Penalties. SEC. 312. EFFECTIVE DATE. 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 except— (1) the Attorney General shall prepare the initial set of regulations required or authorized by subsections (d), (f), (g), (h), and (i) of section 2257 within 60 days of the date of the enactment of this Act; and (2) subsection (e) of section 2257 and of any regulation issued pursuant thereto shall take effect 90 days after the date of the enactment of this Act. 18 USC 2257 note. Subtitle B—Sexual Abuse Penalties SEC. 321. SENTENCING COMMISSION GUIDELINES. The United States Sentencing Commission shall amend existing guidelines for sentences involving sexual crimes against children. 28 USC 994 note.