with respect to every performer portrayed in a visual de-
piction of actual sexually explicit conduct— 
‘‘(1) ascertain, by examination of an identifica-
tion document containing such information, the per-
former’s name and date of birth, and require the 
performer to provide such other indicia of his or her 
identity as may be prescribed by regulations; 
‘‘(2) ascertain any name, other than the per-
former’s present and correct name, ever used by the 
performer including maiden name, alias, nickname, 
stage, or professional name; and 
‘‘(3) record in the records required by sub-
section (a) the information required by paragraphs 
(1) and (2) of this subsection and such other identi-
fying information as may be prescribed by regula-
tion. 
‘‘(c) WHERE RECORDS MAINTAINED
AND AVAIL-
ABILITY FOR INSPECTION.—Any person to whom sub-
section (a) applies shall maintain the records required by 
this section at his business premises, or at such other 
place as the Attorney General may by regulation prescribe 
and shall make such records available to the Attorney 
General for inspection at all reasonable times. 
‘‘(d) EXCLUSION OF EVIDENCE.— 
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‘‘(1) No information or evidence obtained from 
records required to be created or maintained by this 
section shall, except as provided in this section, di-
rectly or indirectly, be used as evidence against any 
person with respect to any violation of law. 
‘‘(2) Paragraph (1) of this subsection does not 
preclude the use of such information or evidence in 
a prosecution or other action for a violation of this 
subchapter or subchapter F of chapter 35, or for a 
violation of any applicable provision of law with re-
spect to the furnishing of false information. 
‘‘(e) STATEMENT.— 
‘‘(1) Any person to whom subsection (a) applies 
shall cause to be affixed to every copy of any matter 
described in paragraph (1) of subsection (a) of this 
section, in such manner and in such form as the At-
torney General shall by regulations prescribe, a 
statement describing where the records required by 
this section with respect to all performers depicted 
in that copy of the matter may be located. 
‘‘(2) If the person to whom subsection (a) of 
this section applies is an organization the statement 
required by this subsection shall include the name, 
title, and business address of the individual em-
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ployed by such organization responsible for main-
taining the records required by this section. 
‘‘(f) UNLAWFUL ACTS.—It shall be unlawful— 
‘‘(1) for any person to whom subsection (a) ap-
plies to fail to create or maintain the records as re-
quired by subsections (a) and (c) or by any regula-
tion promulgated under this section; 
‘‘(2) for any person to whom subsection (a) ap-
plies knowingly to make any false entry in or know-
ingly to fail to make an appropriate entry in, any 
record required by subsection (b) of this section or 
any regulation promulgated under this section; 
‘‘(3) for any person to whom subsection (a) ap-
plies knowingly to fail to comply with subsection (e) 
or any regulation promulgated pursuant to that sub-
section; and 
‘‘(4) for any person knowingly to sell or other-
wise transfer, or offer for sale or transfer, any book, 
magazine, periodical, film, video, or other matter, 
produce in whole or in part with materials which 
have been mailed or shipped in interstate or foreign 
commerce or which is intended for shipment in 
interstate or foreign commerce, which— 
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100 
‘‘(A) contains one or more visual depictions 
made after November 1, 1990, of actual sexu-
ally explicit conduct; and 
‘‘(B) is produced in whole or in part with 
materials 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 com-
merce; 
which does not have affixed thereto, in a manner 
prescribed as set forth in subsection (e)(1), a state-
ment 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) REGULATIONS.—The Attorney General shall 
issue appropriate regulations to carry out this section. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘actual sexually explicit conduct’ 
means actual but not simulated conduct as defined 
in clauses (i) through (v) of section 225(1)(A); 
‘‘(2) ‘identification document’ has the meaning 
given that term in section 783; 
‘‘(3) the term ‘produces’ means to produce, 
manufacture, or publish any book, magazine, peri-
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101 
odical, film, video tape, computer generated image, 
digital image, or picture, or other similar matter and 
includes the duplication, reproduction, or reissuing 
of any such matter, but does not include mere dis-
tribution or any other activity which does not involve 
hiring, contracting for managing, or otherwise ar-
ranging for the participation of the performers de-
picted; and 
‘‘(4) the term ‘performer’ includes any person 
portrayed in a visual depiction engaging in, or as-
sisting another person to engage in, actual sexually 
explicit conduct. 
‘‘(i) PENALTY FOR ANY VIOLATION OF THIS SEC-
TION.—Whoever violates this section shall be imprisoned 
for not more than 5 years. 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 10 years but not less than 2 years. 
‘‘§ 227. Failure to report child abuse 
‘‘Whoever, while engaged in a professional capacity 
or activity described in subsection (b) of section 226 of 
the Victims of Child Abuse Act of 1990 on Federal land 
or in a federally operated (or contracted) facility, learns 
of facts that give reason to suspect that a child has suf-
fered an incident of child abuse, as defined in subsection 
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102 
(c) of that section, and fails to make a timely report as 
required by subsection (a) of that section, shall be impris-
oned not more than 1 year. 
‘‘SUBCHAPTER D—SEX OFFENDER REGISTRY 
‘‘Sec. 
‘‘241. Failure to register. 
‘‘§ 241. Failure to register 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) is required to register under the Sex Of-
fender Registration and Notification Act; 
‘‘(2)(A) is a sex offender as defined for the pur-
poses of the Sex Offender Registration and Notifica-
tion Act by reason of a conviction under Federal law 
(including the Uniform Code of Military Justice), 
the law of the District of Columbia, Indian tribal 
law, or the law of any territory or possession of the 
United States; or 
‘‘(B) travels in interstate or foreign commerce, 
or enters or leaves, or resides in, Indian country; 
and 
‘‘(3) knowingly fails to register or update a reg-
istration as required by the Sex Offender Registra-
tion and Notification Act; 
shall be imprisoned not more than 10 years. 
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103 
‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecution for 
a violation under subsection (a), it is an affirmative de-
fense that— 
‘‘(1) uncontrollable circumstances prevented the 
individual from complying; 
‘‘(2) the individual did not contribute to the 
creation of such circumstances in reckless disregard 
of the requirement to comply; and 
‘‘(3) the individual complied as soon as such 
circumstances ceased to exist. 
‘‘(c) CRIME OF VIOLENCE.— 
‘‘(1) IN GENERAL.—An individual described in 
subsection (a) who commits a crime of violence 
under Federal law (including the Uniform Code of 
Military Justice), the law of the District of Colum-
bia, Indian tribal law, or the law of any territory or 
possession of the United States shall be imprisoned 
for not less than 5 years and not more than 30 
years. 
‘‘(2) ADDITIONAL PUNISHMENT.—The punish-
ment provided in paragraph (1) shall be in addition 
and consecutive to the punishment provided for the 
violation described in subsection (a). 
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104 
‘‘SUBCHAPTER E—GENERAL PROVISIONS AND 
DEFINITIONS 
‘‘Sec. 
‘‘255. Repeat offenders. 
‘‘256. Civil remedy for personal injuries. 
‘‘§ 255. Repeat offenders 
‘‘(a) MAXIMUM
TERM
OF
IMPRISONMENT.—The 
maximum term of imprisonment for a violation of sub-
chapter A or B after a prior sex offense conviction shall 
be twice the term of imprisonment otherwise provided by 
this chapter, unless section 3559(e) applies. 
‘‘(b) DEFINITIONS.—In this section the term ‘prior 
sex offense conviction’ means a conviction for an offense— 
‘‘(1) under subchapter A, B, or C of this chap-
ter or section 1265; or 
‘‘(2) under State law consisting of conduct that 
would have been an offense under this chapter if the 
conduct had occurred within the special maritime 
and territorial jurisdiction of the United States; and 
‘‘§ 256. Civil remedy for personal injuries 
‘‘(a) IN GENERAL.—Any person who, while a minor, 
was a victim of a violation of section 201, 202, 203, 211, 
212, 213, 221, 222, or 223 and who suffers personal in-
jury as a result of such violation may sue in any appro-
priate United States District Court and shall recover the 
actual damages such person sustains and the cost of the 
suit, including a reasonable attorney’s fee. Any person as 
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described in the preceding sentence shall be deemed to 
have sustained damages of no less than $150,000 in value. 
‘‘(b) STATUTE OF LIMITATIONS.—Any action com-
menced under this section shall be barred unless the com-
plaint is filed within six years after the right of action 
first accrues or in the case of a person under a legal dis-
ability, not later than three years after the disability. 
‘‘CHAPTER 15—NATIONAL SECURITY AND 
RELATED CRIMES 
‘‘Subchapter 
‘‘A. Treason, sedition, and subversive activities 
‘‘B. Terrorism 
‘‘C. Military and navy 
‘‘D. Civil disorders and riots 
‘‘E. Espionage and censorship 
‘‘F. Immigration and nationality 
‘‘SUBCHAPTER A—TREASON, SEDITION, AND 
SUBVERSIVE ACTIVITIES 
‘‘Sec. 
‘‘261. Treason. 
‘‘262. Misprision of treason. 
‘‘263. Rebellion or insurrection. 
‘‘264. Seditious conspiracy. 
‘‘265. Advocating overthrow of Government. 
‘‘§ 261. Treason 
‘‘Whoever, owing allegiance to the United States, lev-
ies war against them or adheres to their enemies, giving 
them aid and comfort within the United States or else-
where, is guilty of treason and shall suffer death or be 
imprisoned for any term of years not less than five, and 
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106 
shall be incapable of holding any office under the United 
States. 
‘‘§ 262. Misprision of treason 
‘‘Whoever, owing allegiance to the United States and 
having knowledge of the commission of any treason 
against them, conceals and does not, as soon as may be, 
disclose and make known the same to the President or 
to some judge of the United States, or to the governor 
or to some judge or justice of a particular State, is guilty 
of misprision of treason and shall be imprisoned not more 
than seven years. 
‘‘§ 263. Rebellion or insurrection 
‘‘Whoever incites, sets on foot, assists, or engages in 
any rebellion or insurrection against the authority of the 
United States or the laws thereof, or gives aid or comfort 
thereto, shall be imprisoned not more than ten years and 
shall be incapable of holding any office under the United 
States. 
‘‘§ 264. Seditious conspiracy 
‘‘If two or more persons in any State, or in any place 
subject to the jurisdiction of the United States, conspire 
to overthrow, put down, or to destroy by force the Govern-
ment of the United States, or to levy war against them, 
or to oppose by force the authority thereof, or by force 
to prevent, hinder, or delay the execution of any law of 
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107 
the United States, or by force to seize, take, or possess 
any property of the United States contrary to the author-
ity thereof, they shall each be imprisoned not more than 
20 years. 
‘‘§ 265. Advocating overthrow of Government 
‘‘(a) IN GENERAL.—Whoever— 
‘‘(1) knowingly advocates, advises, or teaches 
the duty, necessity, desirability, or propriety of over-
throwing or destroying the Government of the 
United States or the government of any State, or 
the government of any political subdivision therein, 
by force or violence, or by the assassination of any 
officer of any such government; 
‘‘(2) with intent to cause the overthrow or de-
struction of any such government, prints, publishes, 
edits, issues, circulates, sells, distributes, or publicly 
displays any written or printed matter advocating, 
advising, or teaching the duty, necessity, desirability, 
or propriety of overthrowing or destroying any gov-
ernment in the United States by force or violence; 
or 
‘‘(3) organizes or helps to organize any society, 
group, or assembly of persons who teach, advocate, 
or encourage the overthrow or destruction of any 
such government by force or violence; or becomes or 
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108 
is a member of, or affiliates with, any such society, 
group, or assembly of persons, knowing the purposes 
thereof; 
shall be imprisoned not more than 20 years, and shall be 
ineligible for employment by the United States or any de-
partment or agency thereof, for the five years next fol-
lowing the conviction. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘organize’, with respect to any society, group, or assembly 
of persons, includes the recruiting of new members, the 
forming of new units, and the regrouping or expansion of 
existing clubs, classes, and other units of such society, 
group, or assembly of persons. 
‘‘SUBCHAPTER B—TERRORISM 
‘‘Sec. 
‘‘271. Weapons of mass destruction, and explosives and other lethal devices. 
‘‘272. Atomic weapons. 
‘‘273. Acts of terrorism transcending national boundaries. 
‘‘274. Financial transactions. 
‘‘275. Missile systems designed to destroy aircraft. 
‘‘276. Radiological dispersal devices. 
‘‘277. Harboring or concealing terrorists. 
‘‘278. Providing material support to terrorists. 
‘‘279. Providing material support or resources to designated foreign terrorist or-
ganizations. 
‘‘280. Prohibitions against the financing of terrorism. 
‘‘281. Receiving military-type training from a foreign terrorist organization. 
‘‘282. Civil remedies. 
‘‘283. Definitions for subchapter. 
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109 
‘‘§ 271. Weapons of mass destruction, and explosives 
and other lethal devices 
‘‘(a) OFFENSE.—Whoever, without lawful authority, 
uses, threatens, to use, a weapon of mass destruction or 
an explosive or other lethal device— 
‘‘(1) against any property that is owned, leased, 
or used by the United States or by any department 
or agency of the United States, whether the property 
is within or outside of the United States; 
‘‘(2) against a national of the United States 
while such national is outside of the United States; 
‘‘(3) against any person or property within the 
United States, if the offense is in, or affects, inter-
state or foreign commerce; or 
‘‘(4) against any person or property outside of 
the United States, if the offender is a national of the 
United States; 
shall be imprisoned for any term of years or for life, and 
if death results, shall be punished by death or imprisoned 
for any term of years or for life. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘weapon of mass destruction’ 
means— 
‘‘(A) any destructive device as defined in 
section 581; 
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110 
‘‘(B) any weapon that is designed or in-
tended to cause death or serious bodily injury 
through the release, dissemination, or impact of 
toxic or poisonous chemicals, or their precur-
sors; 
‘‘(C) any weapon involving a biological 
agent, toxin, or vector (as those terms are in 
defined in section 627); 
‘‘(D) any weapon that is designed to re-
lease radiation or radioactivity at a level dan-
gerous to human life; or 
‘‘(E) any lethal device or explosive; 
‘‘(2) the term ‘property’ includes all real and 
personal property; 
‘‘(3) the term ‘explosive’ has the meaning given 
in section 614(j) insofar that it is designed, or has 
the capability, to cause death, serious bodily injury, 
or substantial material damage; and 
‘‘(4) the term ‘other lethal device’ means any 
weapon or device that is designed or has the capa-
bility to cause death, serious bodily injury, or sub-
stantial damage to property through the release, dis-
semination, or impact of toxic chemicals, biological 
agents, or toxins (as those terms are defined in sec-
tion 627) or radiation or radioactive material. 
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‘‘§ 272. Atomic weapons 
‘‘(a) OFFENSE.—Whoever, except as provided in sec-
tion 91 of the Atomic Energy Act of 1954, in or affecting 
interstate or foreign commerce in the United States, or 
as made applicable by subsection (b) outside the United 
States, knowingly participates in the development of, man-
ufactures, produces, transfers, acquires, receives, pos-
sesses, imports, exports, or uses, or possesses and threat-
ens to use, any atomic weapon. Nothing in this section 
modifies section 31 a. or section 101 of the Atomic Energy 
Act of 1954. 
‘‘(b) FEDERAL NEXUS TO CONDUCT OUTSIDE OF 
THE
UNITED
STATES.—Conduct outside the United 
States is prohibited by subsection (a) if— 
‘‘(1) the offense is committed by a national of 
the United States; or 
‘‘(2) the offense is committed against a national 
of the United States. 
‘‘§ 273. Acts of terrorism transcending national 
boundaries 
‘‘(a) PROHIBITED ACTS.— 
‘‘(1) OFFENSES.—Whoever, involving conduct 
transcending national boundaries and as made appli-
cable by subsection (b)— 
‘‘(A) kills, kidnaps, maims, commits an as-
sault resulting in serious bodily injury, or as-
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112 
saults with a dangerous weapon any person 
within the United States; or 
‘‘(B) creates a substantial risk of serious 
bodily injury to any other person by destroying 
or damaging any structure, conveyance, or 
other real or personal property within the 
United States or by attempting or conspiring to 
destroy or damage any structure, conveyance, 
or other real or personal property within the 
United States; 
in violation of the laws of any State, or the United 
States, shall be punished as prescribed in subsection 
(c). 
‘‘(2) 
TREATMENT
OF
THREATS.—Whoever 
threatens to commit an offense under paragraph (1) 
shall be punished under subsection (c). 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—Subsection (a) applies if— 
‘‘(A) the mail or any facility of interstate 
or foreign commerce is used in furtherance of 
the offense; 
‘‘(B) the offense obstructs, delays, or af-
fects interstate or foreign commerce, or would 
have so obstructed, delayed, or affected inter-
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state or foreign commerce if the offense had 
been consummated; 
‘‘(C) the victim, or intended victim, is the 
United States Government, a member of the 
uniformed services, or any official, officer, em-
ployee, or agent of the legislative, executive, or 
judicial branches, or of any department or 
agency, of the United States; 
‘‘(D) the structure, conveyance, or other 
real or personal property is, in whole or in part, 
owned, possessed, or leased to the United 
States, or any department or agency of the 
United States; 
‘‘(E) the offense is committed in the terri-
torial sea (including the airspace above and the 
seabed and subsoil below, and artificial islands 
and fixed structures erected thereon) of the 
United States; or 
‘‘(F) the offense is committed within the 
special maritime and territorial jurisdiction of 
the United States. 
‘‘(2) 
CO-CONSPIRATORS
AND
ACCESSORIES 
AFTER THE FACT.—Subsection (a) applies with re-
spect to all principals and co-conspirators of an of-
fense under this section, and accessories after the 
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114 
fact to any offense under this section, if at least one 
of the circumstances described in subparagraphs (A) 
through (F) of paragraph (1) is applicable to at 
least one offender. 
‘‘(c) PENALTIES.— 
‘‘(1) GENERALLY.—Whoever violates this sec-
tion shall be punished— 
‘‘(A) for a killing, or if death results to 
any person from any other conduct prohibited 
by this section, by death, or by imprisonment 
for any term of years or for life; 
‘‘(B) for kidnapping, by imprisonment for 
any term of years or for life; 
‘‘(C) for maiming, by imprisonment for not 
more than 35 years; 
‘‘(D) for assault with a dangerous weapon 
or assault resulting in serious bodily injury, by 
imprisonment for not more than 30 years; 
‘‘(E) for destroying or damaging any 
structure, conveyance, or other real or personal 
property, by imprisonment for not more than 
25 years; 
‘‘(F) for attempting or conspiring to com-
mit an offense, for any term of years up to the 
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