Page:United States Statutes at Large Volume 92 Part 1.djvu/62

 PUBLIC LAW 95-225—FEB. 6, 1978

92 STAT. 8

"(B) such visual or print medium depicts such conduct;

Penalty.

18 USC 2253.

or "(2) knowingly receives for the purpose of sale or distribution for sale, or knowingly sells or distributes for sale, any obscene visual or print medium that has been transported or shipped in interstate or foreign conunerce or mailed, if— "(A) the producing of such visual or print medium involves the use of a minor engaging in sexually explicit conduct; and "(B) such visual or print medium depicts such conduct; shall be punished as provided in subsection (b) of this section. "(b) Any person who violates this section shall be fined not more than $10,000, or imprisoned not more than 10 years, or both, but, if such person has a prior conviction under this section, such person shall be fined not more than $15,000, or imprisoned not less than two years nor more than 15 years, or both. "§ 2253. Definitions for chapter "For the purposes of this chapter, the term— "(1) 'minor' means any person under the age of sixteen years; "(2) 'sexually explicit conduct' means actual or simulated— "(A) sexual intercourse, including genital-genital, oralgenital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; "(B) bestiality; . "(C) masturbation; "(D) sado-masochistic abuse (for the purpose of sexual stimulation); or " (E) lewd exhibition of the genitals or pubic area of any person; "(3) 'producing' means producing, directing, manufacturing, t issuing, publishing, or advertising, for pecuniary profit; and "(4) 'visual or print medium' means any film, photograph, negative, slide, book, magazine, or other visual or print medium.", (b) The table of chapters for title 18, United States Code, and for part I of title 18, United States Code, are each amended by inserting immediately after the item relating to chapter 109 the following: "110.

Interstate or foreign commerce, transportation prohibition.

Penalty.

Sexual exploitation of children

2251".

SEC. 3. (a) Section 2423 of title 18, United States Code, is amended to read as follows: "§2423. Transportation of minors "(a) Any person who transports, finances in whole or part the transportation of, or otherwise causes or facilitates the movement of, any minor in interstate or foreign commerce, or within the District of Columbia or any territory or other possession of the United States, with the intent— " (1) that such minor engage in prostitution; or "(2) that such minor engage in prohibited sexual conduct, if •' such person so transporting, financing, causing, or facilitating movement knows or has reason to know that such prohibited sexual conduct will be commercially exploited by any person; shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

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