Compliance with 18 U.S.C. §2257A

§2257A. Record Keeping Requirements for Simulated Sexual Conduct

(a) Applicability

Whoever produces any book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being, picture, or other matter that:

(1) contains 1 or more visual depictions of simulated 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) Performer Identification

Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct:

(1) ascertain, by examination of an identification document, the performer's name and date of birth, and require the performer to provide additional indicia of identity as prescribed by regulations;

(2) ascertain any name ever used by the performer including maiden name, alias, nickname, stage, or professional name; and

(3) record this information in the records required by subsection (a) and include other identifying information as may be prescribed by regulation.

(c) Record Location and Accessibility

Records must be maintained at the business premises or at another location as prescribed by the Attorney General and must be made available for inspection at all reasonable times.

(d) Use of Records in Legal Proceedings

(1) Records required by this section shall not be used as evidence against any person for any violation of law, except as provided in this section.

(2) This does not preclude use of the information for prosecution or legal action related to this chapter or chapter 71, or violations involving furnishing false information.

(e) Labeling Requirements

(1) All copies of any matter described in subsection (a)(1) must include a statement describing where the required records are located. This includes every page of a website where such matter appears.

(2) If the producer is an organization, the statement must also include the name, title, and business address of the individual responsible for maintaining the records.

(f) Prohibited Acts

It is unlawful:

(1) to fail to create or maintain required records;

(2) to knowingly make false or omit entries;

(3) to knowingly fail to comply with labeling requirements;

(4) to sell or offer to sell matter that lacks the required records statement;

(5) to refuse inspection by the Attorney General or their designee.

(g) Definitions

The terms "produces" and "performer" have the same meaning as in section 2257(h).

(h) Exceptions

(1) This section does not apply if:

(A) The content is intended for commercial distribution, created by a certified entity that collects and maintains performer identity information, and is not child pornography; or

(B) The content is regulated by the FCC and meets similar identity verification criteria.

(2) These exceptions do not apply to content that is child pornography or contains actual sexually explicit conduct as defined in clauses (i) through (iv) of section 2256(2)(A).

(i) Penalties

(1) General violation: imprisonment up to 1 year and/or fines.

(2) Concealment of more serious offenses involving minors: imprisonment up to 5 years and/or fines.

(3) Repeat violations: imprisonment from 2 to 10 years and/or fines.

The provisions become effective 90 days after the final regulations are published in the Federal Register and do not apply to content created prior to that date.

(k) Annual Report to Congress

The Attorney General shall report annually to Congress on:

(1) Enforcement activity under this section and §2257;

(2) Including:

(A) Number of inspections;

(B) Number of open investigations;

(C) Number of cases charged;

(D) Details of each case including lead defendant, district, tracking number, violation synopsis, and disposition.

Custodian of Records Contact Information

FameLink SA

P.O. Box: Les Mengartes 37

2828 Montsevelier - Jura - CH Switzerland

Email: contact@darlink.ai