Page:United States Statutes at Large Volume 110 Part 4.djvu/191

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -28 (3) in paragraph (7), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: "(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.". Subsection 3. Prohibited Activities Relating to Material Constituting or Containing Child Pornography. (a) IN GENERAL. —Chapter 110 of title 18, United States Code, is amended by adding after section 2252 the following:

    • § 2252A. Certain activities relating to material constituting

or containing child pornography "(a) Any person who— "(1) knowingly mails, or transports or ships in interstate or foreign commerce by any means, including by computer, any child pornography; "(2) knowingly receives or distributes— "(A) any child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; or "(B) any material that contains child pornography that has been mailed, or shipped or transported in interstate or foreign commerce by any means, including by computer; "(3) knowingly reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; "(4) either— "(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned