‘‘(4) knowingly produces with intent to dis-
tribute, or distributes, by any means, including a 
computer, child pornography that is an adapted or 
modified depiction of an identifiable minor; 
shall be punished as provided in subsection (c). 
‘‘(b) CIRCUMSTANCE REQUIRED.—The circumstance 
referred to in subsection (a) is any one of the following: 
‘‘(1) The conduct occurs in the special maritime 
and territorial jurisdiction of the United States, or 
in the Indian country as defined in section 871. 
‘‘(2) The conduct is in or affects interstate or 
foreign commerce. 
‘‘(3) The exploitative visual depiction or child 
pornography is transported in or affecting interstate 
or foreign commerce, or was produced using mate-
rials which have been so transported. 
‘‘(c) PUNISHMENT.— 
‘‘(1) Whoever violates paragraph (1), (2)(A), or 
(3) of subsection (a) shall be imprisoned not less 
than 5 years and not more than 20 years, but if 
such person has a prior relevant conviction, such 
person shall be imprisoned for not less than 15 years 
nor more than 40 years. 
‘‘(2) Whoever violates paragraph (2)(B) of sub-
section (a) shall be imprisoned not more than 10 
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years, but if any visual depiction involved in the of-
fense involved a prepubescent minor or a minor who 
had not attained 12 years of age, such person shall 
be fined under this title and imprisoned for not more 
than 20 years, or if such person has a prior relevant 
conviction, such person shall be imprisoned for not 
less than 10 years nor more than 20 years. 
‘‘(3) Whoever violates paragraph (4) of sub-
section (a) shall be imprisoned not more than 15 
years. 
‘‘(4) In this subsection, the term ‘prior relevant 
conviction’ means a prior conviction under this chap-
ter, subchapter A or B of this chapter, subchapter 
F of chapter 35, or under section 920 of title 10 
(article 120 of the Uniform Code of Military Jus-
tice), or under the laws of any State relating to ag-
gravated sexual abuse, sexual abuse, or abusive sex-
ual conduct involving a minor or ward, or the pro-
duction, possession, receipt, mailing, sale, distribu-
tion, shipment, or transportation of child pornog-
raphy. 
‘‘(d) AFFIRMATIVE DEFENSES.—(1) It is an affirma-
tive defense to a charge of violating paragraph (2)(B) of 
subsection (a) that the defendant— 
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‘‘(A) possessed less than three matters con-
taining any visual depiction proscribed by that para-
graph; and 
‘‘(B) promptly and in good faith, and without 
retaining or allowing any person, other than a law 
enforcement agency, to access any visual depiction 
or copy thereof— 
‘‘(i) took reasonable steps to destroy each 
such visual depiction; or 
‘‘(ii) reported the matter to a law enforce-
ment agency and afforded that agency access to 
each such visual depiction. 
‘‘(2) It is an affirmative defense to a charge of vio-
lating paragraph (1), (2), or (4) of subsection (a) that— 
‘‘(A)(i) the alleged child pornography was pro-
duced using an actual person or persons engaging in 
sexually explicit conduct; and 
‘‘(ii) each such person was an adult at the time 
the material was produced; or 
‘‘(B) the alleged child pornography was not pro-
duced using any actual minor. 
No affirmative defense under subsection (d)(2) shall be 
available in any prosecution that involves child pornog-
raphy as described in section 225(5). A defendant may 
not assert an affirmative defense to a charge of violating 
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paragraph (1), (2), or (4) of subsection (a) unless, within 
the time provided for filing pretrial motions or at such 
time prior to trial as the judge may direct, but in no event 
later than 14 days before the commencement of the trial, 
the defendant provides the court and the United States 
with notice of the intent to assert such defense and the 
substance of any expert or other specialized testimony or 
evidence upon which the defendant intends to rely. If the 
defendant fails to comply with this subsection, the court 
shall, absent a finding of extraordinary circumstances that 
prevented timely compliance, prohibit the defendant from 
asserting such defense to a charge of violating paragraph 
(1), (2), or (4) of subsection (a) or presenting any evi-
dence for which the defendant has failed to provide proper 
and timely notice. 
‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of 
the Government, in any prosecution under this subchapter 
or section 1445, except for good cause shown, the name, 
address, social security number, or other nonphysical iden-
tifying information, other than the age or approximate 
age, of any minor who is depicted in any child pornog-
raphy shall not be admissible and may be redacted from 
any otherwise admissible evidence, and the jury shall be 
instructed, upon request of the United States, that it can 
draw no inference from the absence of such evidence in 
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deciding whether the child pornography depicts an actual 
minor. 
‘‘(f) EXPLOITATIVE VISUAL DEPICTION DEFINED.— 
In this section, a visual depiction is an exploitative visual 
depiction if— 
‘‘(1) the producing of such visual depiction in-
volves the use of a child engaging in sexually explicit 
conduct; and 
‘‘(2) such visual depiction is of such conduct. 
‘‘§ 224. Misleading domain names on the Internet 
‘‘(a) OBSCENITY.—Whoever knowingly uses a mis-
leading domain name on the Internet with the intent to 
deceive a person into viewing material constituting obscen-
ity shall be imprisoned not more than 2 years. 
‘‘(b) MATERIAL HARMFUL
TO MINORS.—Whoever 
knowingly uses a misleading domain name on the Internet 
with the intent to deceive a minor into viewing material 
that is harmful to minors on the Internet shall be impris-
oned not more than 10 years. 
‘‘(c) DEFINITION.—For the purposes of this sec-
tion— 
‘‘(1) a domain name that includes a word or 
words to indicate the sexual content of the site, such 
as ‘sex’ or ‘porn’, is not misleading; 
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‘‘(2) the term ‘material that is harmful to mi-
nors’ means any communication, consisting of nu-
dity, sex, or excretion, that, taken as a whole and 
with reference to its context— 
‘‘(A) predominantly appeals to a prurient 
interest of minors; 
‘‘(B) is patently offensive to prevailing 
standards in the adult community as a whole 
with respect to what is suitable material for mi-
nors; and 
‘‘(C) lacks serious literary, artistic, polit-
ical, or scientific value for minors; and 
‘‘(3) as used in this subsection, the term ‘sex’ 
means acts of masturbation, sexual intercourse, or 
physical contact with a person’s genitals, or the con-
dition of human male or female genitals when in a 
state of sexual stimulation or arousal. 
‘‘§ 225. Definitions for subchapter 
‘‘In this subchapter the following definitions apply: 
‘‘(1)(A) Except as provided in subparagraph 
(B), the term ‘sexually explicit conduct’ means ac-
tual or simulated— 
‘‘(i) sexual intercourse, including genital- 
genital, oral-genital, anal-genital, or oral-anal, 
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whether between persons of the same or oppo-
site sex; 
‘‘(ii) bestiality; 
‘‘(iii) masturbation; 
‘‘(iv) sadistic or masochistic abuse; or 
‘‘(v) lascivious exhibition of the genitals or 
pubic area of any person. 
‘‘(B) For purposes of paragraph 5(B), the term 
‘sexually explicit conduct’ means— 
‘‘(i) graphic sexual intercourse, including 
genital-genital, oral-genital, anal-genital, or 
oral-anal, whether between persons of the same 
or opposite sex, or lascivious simulated sexual 
intercourse where the genitals, breast, or pubic 
area of any person is exhibited; 
‘‘(ii) graphic or lascivious simulated— 
‘‘(I) bestiality; 
‘‘(II) masturbation; or 
‘‘(III) sadistic or masochistic abuse; 
or 
‘‘(iii) graphic or simulated lascivious exhi-
bition of the genitals or pubic area of any per-
son. 
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‘‘(2) The term ‘producing’ means producing, di-
recting, manufacturing, issuing, publishing, or ad-
vertising. 
‘‘(3) The term ‘visual depiction’ includes unde-
veloped film and videotape, data stored on computer 
disk or by electronic means which is capable of con-
version into a visual image, and data which is capa-
ble of conversion into a visual image that has been 
transmitted by any means, whether or not stored in 
a permanent format. 
‘‘(4) The term ‘custody or control’ includes 
temporary supervision over or responsibility for a 
minor whether legally or illegally obtained. 
‘‘(5) The term ‘child pornography’ means any 
visual depiction of sexually explicit conduct, where— 
‘‘(A) the production of such visual depic-
tion involves the use of a minor engaging in 
sexually explicit conduct; 
‘‘(B) such visual depiction is a digital 
image, computer image, or computer-generated 
image that is, or is indistinguishable from, that 
of a minor engaging in sexually explicit con-
duct; or 
‘‘(C) such visual depiction has been cre-
ated, adapted, or modified to appear that an 
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identifiable minor is engaging in sexually ex-
plicit conduct. 
‘‘(6) The term ‘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. 
‘‘(7) The term ‘graphic’, when used with re-
spect to a depiction of sexually explicit conduct, 
means that a viewer can observe any part of the 
genitals or pubic area of any depicted person or ani-
mal during any part of the time that the sexually ex-
plicit conduct is being depicted. 
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‘‘(8) The term ‘indistinguishable’ used with re-
spect to a depiction, means virtually indistinguish-
able, in that the depiction is such that an ordinary 
person viewing the depiction would conclude that the 
depiction is of an actual minor engaged in sexually 
explicit conduct. This definition does not apply to 
depictions that are drawings, cartoons, sculptures, or 
paintings depicting minors or adults. 
‘‘§ 226. Recordkeeping requirements 
‘‘(a) DUTY TO KEEP RECORDS.—Whoever produces 
any book, magazine, periodical, film, videotape, or other 
matter which— 
‘‘(1) contains one or more visual depictions 
made after November 1, 1990, of actual sexually ex-
plicit conduct; and 
‘‘(2) is produced in whole or in part with mate-
rials which have been mailed or shipped in interstate 
or foreign commerce, or is shipped or transported or 
is intended for shipment or transportation in inter-
state or foreign commerce; 
shall create and maintain individually identifiable records 
pertaining to every performer portrayed in such a visual 
depiction. 
‘‘(b) DUTY
TO
ASCERTAIN
CERTAIN
INFORMA-
TION.—Any person to whom subsection (a) applies shall, 
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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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