Page:United States Statutes at Large Volume 102 Part 5.djvu/481

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4487

"(7) 'custody or control' includes temporary supervision over or responsibility for a minor whether legally or illegally obtained.", (c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2251 the following: "2251 A. Selling or buying of children.". SEC. 7513. RECORD KEEPING REQUIREMENTS.

(a) IN GENERAL.—Chapter 110 of title 18, United States Code, is amended by adding at the end thereof the following: "§ 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 February 6, 1978 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, alieis, 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 Regulations. 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 paragraphs (2) and (3), be used, directly or indirectly, 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 any applicable provision of law with respect to the furnishing of false information. "(3) In a prosecution of any person to whom subsection (a) applies for an offense in violation of subsection 2251(a) of this title which has as an element the production of a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct and in which that element is sought to be established by showing that a performer within the meaning of this section is a minor—

19-194 O—91—Part 5

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