imaginationsimage17 is in compliance
with this legal statue of law
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2257. Record keeping requirements
a)
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 explicit conduct; and (2) 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 commerce; shall create and maintain
individually identifiable records pertaining to every performer portrayed in
such a visual depiction. (b) Any person to whom subsection (a) applies shall,
with respect to every performer portrayed in a visual depiction of actual
sexually explicit conduct� (1) ascertain, by examination of an identification
document containing such information, the performer�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
performer�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 subsection (a) the information required by paragraphs (1)
and (2) of this subsection and such other identifying information as may be
prescribed by regulation. (c) Any person to whom subsection (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) (1) No information or evidence obtained from records
required to be created or maintained by this section shall, except as provided
in this section, directly or indirectly, be used as evidence against any person
with respect to any violation of law. (2) Paragraph (1) of this subsection shall
not preclude the use of such information or evidence in a prosecution or other
action for a violation of this chapter or chapter 71, or for a violation of any
applicable provision of law with respect to the furnishing of false information.
(e) (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 Attorney 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 employed by such
organization responsible for maintaining the records required by this section.
(f) It shall be unlawful� (1) for any person to whom subsection (a) applies to
fail to create or maintain the records as required by subsections (a) and (c) or
by any regulation promulgated under this section; (2) for any person to whom
subsection (a) applies knowingly to make any false entry in or knowingly 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) applies knowingly to fail to comply with the provisions of
subsection (e) or any regulation promulgated pursuant to that subsection; and
(4) for any person knowingly to sell or otherwise 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� (A) contains one or more visual depictions made
after the effective date of this subsection of actual sexually 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 commerce; which
does not have affixed thereto, in a manner prescribed as set forth in subsection
(e)(1), a statement 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) The Attorney
General shall issue appropriate regulations to carry out this section. (h) As
used in this section� (1) the term �actual sexually explicit conduct� means
actual but not simulated conduct as defined in subparagraphs (A) through (D) of
paragraph (2) of section 2256 of this title; (2) �identification document� has
the meaning given that term in section 1028 (d) of this title; (3) the term
�produces� means to produce, manufacture, or publish any book, magazine,
periodical, 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 distribution or any
other activity which does not involve hiring, contracting for managing, or
otherwise arranging for the participation of the performers depicted; and (4)
the term �performer� includes any person portrayed in a visual depiction
engaging in, or assisting another person to engage in, actual sexually explicit
conduct. (i) Whoever violates this section shall be imprisoned for not more than
5 years, and fined in accordance with the provisions of this title, or both.
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, and fined in accordance with the
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