1973
Definitions for 18 U.S.C. § § 2251, 2251A,
2252A
and 2252
|
Section 2256 of Title 18, United States Code, sets forth definitions
for
Sections 2251, 2251A, 2252A and 2252. For example, "minor" refers to any
person
under the age of eighteen years. "Sexually explicit conduct" means actual
or
simulated: sexual intercourse, bestiality, masturbation, sadistic or
masochistic
abuse, or lascivious exhibition of the genitals or pubic area. The term
"child
pornography" is defined to include the following: (1) visual depictions
where
minors are depicted engaging in sexually explicit conduct; (2) visual
depictions
which are, or appear to be, of a minor engaging in sexually explicit
conduct; (3)
visual depictions which have been created, adapted, or modified to appear
that
an identifiable minor is engaging in sexually explicit conduct; or (4)
visual
depictions which are 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. See
Criminal Resource Manual No. 1969 for discussion of Free Speech Coalition
v.
Reno and its effect on the definitions in Section 2256.
The term "identifiable minor" is defined as a person who was a minor at
the
time the visual depiction was created, adapted, or modified; or whose image
as
a minor was used in creating, adapting, or modifying the visual depiction;
and
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.
[updated April 2000] [cited in USAM 9-75.001] | |