Page:United States Statutes at Large Volume 117.djvu/701

 117 STAT. 682

PUBLIC LAW 108–21—APR. 30, 2003

was produced using materials that have been mailed, or that have been shipped or transported in interstate or foreign commerce by any means, including by computer; or ‘‘(5) the offense is committed in the special maritime and territorial jurisdiction of the United States or in any territory or possession of the United States. ‘‘(e) AFFIRMATIVE DEFENSE.—It shall be an affirmative defense to a charge of violating subsection (b) that the defendant— ‘‘(1) possessed less than 3 such visual depictions; and ‘‘(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any such visual depiction— ‘‘(A) took reasonable steps to destroy each such visual depiction; or ‘‘(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction. ‘‘(f) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘visual depiction’ includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means; ‘‘(2) the term ‘sexually explicit conduct’ has the meaning given the term in section 2256(2)(A) or 2256(2)(B); and ‘‘(3) the term ‘graphic’, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.’’. (b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1466 the following new item: ‘‘1466A. Obscene visual representations of the sexual abuse of children.’’.

(c) SENTENCING GUIDELINES.— (1) CATEGORY.—Except as provided in paragraph (2), the applicable category of offense to be used in determining the sentencing range referred to in section 3553(a)(4) of title 18, United States Code, with respect to any person convicted under section 1466A of such title, shall be the category of offenses described in section 2G2.2 of the Sentencing Guidelines. (2) RANGES.—The Sentencing Commission may promulgate guidelines specifically governing offenses under section 1466A of title 18, United States Code, if such guidelines do not result in sentencing ranges that are lower than those that would have applied under paragraph (1).

18 USC 1466A note.

28 USC 994 note.

SEC. 505. ADMISSIBILITY OF EVIDENCE.

Section 2252A of title 18, United States Code, is amended by adding at the end the following: ‘‘(e) ADMISSIBILITY OF EVIDENCE.—On motion of the government, in any prosecution under this chapter or section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any minor who is depicted in any

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