II 

109TH CONGRESS 

1ST SESSION S. 2140 

To enhance protection of children from sexual exploitation by strengthening 

section 2257 of title 18, United States Code, requiring producers of 

sexually explicit material to keep and permit inspection of records regarding the age of performers, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2005 

Mr. HATCH (for himself and Mr. BROWNBACK) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To enhance protection of children from sexual exploitation 

by strengthening section 2257 of title 18, United States 

Code, requiring producers of sexually explicit material 

to keep and permit inspection of records regarding the 

age of performers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Children 

5 from Sexual Exploitation Act of 2005’’. 
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1 SEC. 2. RECORD KEEPING OF DIGITAL IMAGES. 

2 Section 2257 of title 18, United States Code, is 

3 amended— 

4 (1) in subsection (a), by inserting after ‘‘video5 tape,’’ the following: ‘‘digital image, digitally- or 

6 computer-manipulated image of an actual human 

7 being, picture,’’; and 

8 (2) in subsection (f)(4), by inserting after 

9 ‘‘video’’ the following: ‘‘digital image, digitally- or 

10 computer-manipulated image of an actual human 

11 being, picture,’’. 

12 SEC. 3. OTHER RECORD KEEPING REQUIREMENTS. 

13 Section 2257 of title 18, United States Code, is 

14 amended— 

15 (1) in subsection (f), by— 

16 (A) in paragraph (3), by striking ‘‘and’’ 

17 after the semicolon; 

18 (B) in paragraph (4), by striking the pe19 riod and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(5) for any person to whom subsection (a) ap22 plies to refuse to permit the Attorney General or his 

23 or her designee to conduct an inspection under sub24 section (c).’’; and 

25 (2) by striking subsection (h) and inserting the 

26 following: 
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1 ‘‘(h) In this section— 

2 ‘‘(1) the term ‘actual sexually explicit conduct’ 

3 means actual but not simulated conduct as defined 

4 in clauses (i) through (v) of section 2256(2)(A) of 

5 this title; 

6 ‘‘(2) the term ‘produces’— 

7 ‘‘(A) means— 

8 ‘‘(i) actually filming, videotaping, 

9 photographing, creating a picture, digital 

10 image, or digitally- or computer-manipu11 lated image of an actual human being; 

12 ‘‘(ii) digitizing an image, of a visual 

13 depiction of sexually explicit conduct; or, 

14 assembling, manufacturing, publishing, du15 plicating, reproducing, or reissuing a book, 

16 magazine, periodical, film, videotape, dig17 ital image, or picture, or other matter in18 tended for commercial distribution, that 

19 contains a visual depiction of sexually ex20 plicit conduct; or 

21 ‘‘(iii) inserting on a computer site or 

22 service a digital image of, or otherwise 

23 managing the sexually explicit content, of a 

24 computer site or service that contains a 
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1 visual depiction of, sexually explicit con2 duct; and 

3 ‘‘(B) does not include activities that are 

4 limited to— 

5 ‘‘(i) photo or film processing, includ6 ing digitization of previously existing visual 

7 depictions, as part of a commercial enter8 prise, with no other commercial interest in 

9 the sexually explicit material, printing, and 

10 video duplication; 

11 ‘‘(ii) distribution; 

12 ‘‘(iii) any activity, other than those 

13 activities identified in subparagraph (A), 

14 that does not involve the hiring, con15 tracting for, managing, or otherwise ar16 ranging for the participation of the de17 picted performers; 

18 ‘‘(iv) the provision of web-hosting 

19 services when the provider does not, and 

20 reasonably cannot, manage the sexually ex21 plicit content of the computer site or serv22 ice; or 

23 ‘‘(v) the provision of an electronic 

24 communication service or remote com25 puting service when the provider does not, 
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1 and reasonably cannot, manage the sexu2 ally explicit content of the computer site or 

3 service; and 

4 ‘‘(3) the term ‘performer’ includes any person 

5 portrayed in a visual depiction engaging in, or as6 sisting another person to engage in, actual sexually 

7 explicit conduct.’’. 

8 SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMU9 LATED SEXUAL CONDUCT. 

10 (a) IN GENERAL.—Chapter 110 of title 18, United 

11 States Code, is amended by inserting after section 2257 

12 the following: 

13 ‘‘§ 2257A. Record keeping requirements for simulated 

14 sexual conduct 

15 ‘‘(a) Whoever produces any book, magazine, peri16 odical, film, videotape, or other matter that— 

17 ‘‘(1) contains one or more visual depictions of 

18 simulated sexually explicit conduct; and 

19 ‘‘(2) is produced in whole or in part with mate20 rials which have been mailed or shipped in interstate 

21 or foreign commerce, or is shipped or transported or 

22 is intended for shipment or transportation in inter23 state or foreign commerce; 
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1 shall create and maintain individually identifiable records 

2 pertaining to every performer portrayed in such a visual 

3 depiction. 

4 ‘‘(b) Any person to whom subsection (a) applies shall, 

5 with respect to every performer portrayed in a visual de6 piction of simulated sexually explicit conduct— 

7 ‘‘(1) ascertain, by examination of an identifica8 tion document containing such information, the per9 former’s name and date of birth, and require the 

10 performer to provide such other indicia of his or her 

11 identity as may be prescribed by regulations; 

12 ‘‘(2) ascertain any name, other than the per13 former’s present and correct name, ever used by the 

14 performer including maiden name, alias, nickname, 

15 stage, or professional name; and 

16 ‘‘(3) record in the records required by sub17 section (a) the information required by paragraphs 

18 (1) and (2) and such other identifying information 

19 as may be prescribed by regulation. 

20 ‘‘(c) Any person to whom subsection (a) applies shall 

21 maintain the records required by this section at their busi22 ness premises, or at such other place as the Attorney Gen23 eral may by regulation prescribe and shall make such 

24 records available to the Attorney General for inspection 

25 at all reasonable times. 
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1 ‘‘(d)(1) No information or evidence obtained from 

2 records required to be created or maintained by this sec3 tion shall, except as provided in this section, directly or 

4 indirectly, be used as evidence against any person with re5 spect to any violation of law. 

6 ‘‘(2) Paragraph (1) shall not preclude the use of such 

7 information or evidence in a prosecution or other action 

8 for a violation of this chapter or chapter 71, or for a viola9 tion of any applicable provision of law with respect to the 

10 furnishing of false information. 

11 ‘‘(e)(1) Any person to whom subsection (a) applies 

12 shall cause to be affixed to every copy of any matter de13 scribed in subsection (a)(1) in such manner and in such 

14 form as the Attorney General shall by regulations pre15 scribe, a statement describing where the records required 

16 by this section with respect to all performers depicted in 

17 that copy of the matter may be located. 

18 ‘‘(2) If the person to whom subsection (a) applies is 

19 an organization the statement required by this subsection 

20 shall include the name, title, and business address of the 

21 individual employed by such organization responsible for 

22 maintaining the records required by this section. 

23 ‘‘(f) It shall be unlawful— 

24 ‘‘(1) for any person to whom subsection (a) ap25 plies to fail to create or maintain the records as re-
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1 quired by subsections (a) and (c) or by any regula2 tion promulgated under this section; 

3 ‘‘(2) for any person to whom subsection (a) ap4 plies knowingly to make any false entry in or know5 ingly to fail to make an appropriate entry in, any 

6 record required by subsection (b) or any regulation 

7 promulgated under this section; 

8 ‘‘(3) for any person to whom subsection (a) ap9 plies knowingly to fail to comply with the provisions 

10 of subsection (e) or any regulation promulgated pur11 suant to that subsection; or 

12 ‘‘(4) for any person knowingly to sell or other13 wise transfer, or offer for sale or transfer, any book, 

14 magazine, periodical, film, video, or other matter, 

15 produced in whole or in part with materials which 

16 have been mailed or shipped in interstate or foreign 

17 commerce or which is intended for shipment in 

18 interstate or foreign commerce, that— 

19 ‘‘(A) contains one or more visual depictions 

20 made after the date of enactment of this sub21 section of simulated sexually explicit conduct; 

22 and 

23 ‘‘(B) is produced in whole or in part with 

24 materials which have been mailed or shipped in 

25 interstate or foreign commerce, or is shipped or 
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1 transported or is intended for shipment or 

2 transportation in interstate or foreign com3 merce; 

4 which does not have affixed thereto, in a manner 

5 prescribed as set forth in subsection (e)(1), a state6 ment describing where the records required by this 

7 section may be located, but such person shall have 

8 no duty to determine the accuracy of the contents of 

9 the statement or the records required to be kept; 

10 and 

11 ‘‘(5) for any person to whom subsection (a) ap12 plies to refuse to permit the Attorney General or his 

13 or her designee to conduct an inspection under sub14 section (c). 

15 ‘‘(g) As used in this section, the terms ‘simulated sex16 ually explicit conduct’, ‘produces’, and ‘performer’ have 

17 the same meaning as in section 2257(h) of this title. 

18 ‘‘(h)(1) Whoever violates this section shall be impris19 oned for not more than 1 year, and fined in accordance 

20 with the provisions of this title, or both. 

21 ‘‘(2) Whoever violates this section in an effort to con22 ceal a substantive offense involving the causing, trans23 porting, permitting or offering or seeking by notice or ad24 vertisement, a minor to engage in sexually explicit conduct 

25 for the purpose of producing a visual depiction of such 
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1 conduct in violation of this title, or to conceal a sub2 stantive offense that involved trafficking in material in3 volving the sexual exploitation of a minor, including receiv4 ing, transporting, advertising, or possessing material in5 volving the sexual exploitation of a minor with intent to 

6 traffic, in violation of this title, shall be imprisoned for 

7 not more than 5 years and fined in accordance with the 

8 provisions of this title, or both. 

9 ‘‘(3) Whoever violates paragraph (2) after having 

10 been previously convicted of a violation punishable under 

11 that paragraph shall be imprisoned for any period of years 

12 not more than 10 years but not less than 2 years, and 

13 fined in accordance with the provisions of this title, or 

14 both.’’. 

15 (b) CHAPTER ANALYSIS.—The chapter analysis for 

16 chapter 110 of title 18, United States Code, is amended 

17 by inserting after the item for section 2257 the following: 

‘‘2257A. Record keeping requirements for simulated sexual conduct.’’. 

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