Definition of Child Pornography!
US CODE: The Law!
§ 2256. Definitions for chapter
For the purposes of this chapter, the term—
(1)
“minor” means any
person under the age of eighteen years;
(2)
(A)
Except as provided
in subparagraph (B), “sexually explicit
conduct” means actual or simulated—
(i)
sexual
intercourse, including
genital-genital, oral-genital,
anal-genital, or oral-anal, whether
between persons of the same or
opposite 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
subsection 8(B) of this section,
“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 exhibition of
the genitals or pubic area of any
person;
(3)
“producing” means
producing, directing, manufacturing,
issuing, publishing, or advertising;
(4)
“organization” means a
person other than an individual;
(5)
“visual depiction”
includes undeveloped film and videotape, and
data stored on computer disk or by
electronic means which is capable of
conversion into a visual image;
(6)
“computer” has the
meaning given that term in section 1030 of
this title;
(7)
“custody or control”
includes temporary supervision over or
responsibility for a minor whether legally
or illegally obtained;
(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 a digital image, computer
image, or computer-generated image that
is, or is indistinguishable from, that
of a minor engaging in sexually explicit
conduct; or
(C)
such visual
depiction has been created, adapted, or
modified to appear that an identifiable
minor is engaging in sexually explicit
conduct.
(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.
(10)
“graphic”, when used
with respect 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 animal during
any part of the time that the sexually
explicit conduct is being depicted; and
(11)
the term
“indistinguishable” used with respect to a
depiction, means virtually
indistinguishable, 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.
