PUBLIC LAW 109–248—JULY 27, 2006
120 STAT. 627
as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. ‘‘(2) Paragraph (1) shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information. ‘‘(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in subsection (a)(1) in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. In this paragraph, the term ‘copy’ includes every page of a website on which matter described in subsection (a) appears. ‘‘(2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. ‘‘(f) It shall be unlawful— ‘‘(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; ‘‘(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) or any regulation promulgated under this section; ‘‘(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; or ‘‘(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, that— ‘‘(A) contains 1 or more visual depictions made after the date of enactment of this subsection of simulated sexually explicit conduct; and ‘‘(B) 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; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept. ‘‘(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c). ‘‘(g) As used in this section, the terms ‘produces’ and ‘performer’ have the same meaning as in section 2257(h) of this title. ‘‘(h)(1) The provisions of this section and section 2257 shall not apply to matter, or any image therein, containing one or more
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00625
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
Regulations.
APPS06
PsN: PUBL001
�
