Page:United States Statutes at Large Volume 108 Part 3.djvu/286

 108 STAT. 2038 PUBLIC LAW 103-322—SEPT. 13, 1994 for the forfeiture of assets used in the commission or support of, or gained from, such offenses. 18 USC 2252 SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING note. SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES CODE. (a) DECLARATION. —The Congress declares that in enacting sections 2252 and 2256 of title 18, United States Code, it was and is the intent of Congress that— (1) the scope of "exhibition of the genitals or pubic area" in section 2256(2)(E), in the definition of "sexually explicit conduct", is not limited to nude exhibitions or exhibitions in which the outlines of those areas were discernible through clothing; and (2) the requirements in section 2252(a)(1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production of a visual depiction involve the use of a minor engaging in "sexually explicit conduct" of the kind described in section 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a lascivious manner. (b) SENSE OF THE CONGRESS. — It is the sense of the Congress that in filing its brief in United States v. Knox, No. 92-1183, and thereby depriving the United States Supreme Court of the adverseness necessary for full and fair presentation of the issues arising in the case, the Department of Justice did not accurately reflect the intent of Congress in arguing that "the videotapes in [the Knox case] constitute 'lascivious exhibition[s] of the genitals or pubic area' only if those body parts are visible in the tapes and the minors posed or acted lasciviously.". TITLE XVII—CRIMES AGAINST CHILDREN Subtitle A—Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act 42 USC 14071. SEC. 170101. ESTABLISHMENT OF PROGRAM. (a) IN GENERAL. — (1) STATE GUIDELINES.—The Attorney General shall establish guidelines for State progrsims that require— (A) a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense to register a current address with a designated State law enforcement agency for the time period specified in subparagraph (A) of subsection (b)(6); and (B) a person who is a sexusdly violent predator to register a current address with a designated State law enforcement agency unless such requirement is terminated under subparagraph (B) of subsection (b)(6). (2) COURT DETERMINATION.— ^A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by

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