Page:United States Statutes at Large Volume 117.djvu/699

 117 STAT. 680

PUBLIC LAW 108–21—APR. 30, 2003

with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.’’. SEC. 503. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.

Section 2252A of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: ‘‘(3) knowingly— ‘‘(A) reproduces any child pornography for distribution through the mails, or in interstate or foreign commerce by any means, including by computer; or ‘‘(B) advertises, promotes, presents, distributes, or solicits through the mails, or in interstate or foreign commerce by any means, including by computer, any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material is, or contains— ‘‘(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or ‘‘(ii) a visual depiction of an actual minor engaging in sexually explicit conduct;’’; (B) in paragraph (4), by striking ‘‘or’’ at the end; (C) in paragraph (5), by striking the comma at the end and inserting ‘‘; or’’; and (D) by adding after paragraph (5) the following: ‘‘(6) knowingly distributes, offers, sends, or provides to a minor any visual depiction, including any photograph, film, video, picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, where such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct— ‘‘(A) that has been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; ‘‘(B) that was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer; or ‘‘(C) which distribution, offer, sending, or provision is accomplished using the mails or by transmitting or causing to be transmitted any wire communication in interstate or foreign commerce, including by computer, for purposes of inducing or persuading a minor to participate in any activity that is illegal.’’; and (2) in subsection (b)(1), by striking ‘‘paragraphs (1), (2), (3), or (4)’’ and inserting ‘‘paragraph (1), (2), (3), (4), or (6)’’. SEC. 504. OBSCENE CHILD PORNOGRAPHY.

(a) IN GENERAL.—Chapter 71 of title 18, United States Code, is amended by inserting after section 1466 the following:

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