If you’re an adult entertainment industry veteran, you’re all too familiar with 18 U.S.C. § 2257 and § 2257A.
But if you’re new to the adult entertainment industry, chances are you haven’t heard of 18 U.S.C. § 2257 and § 2257A. And it could cost you. A lot. Like,.. A LOT.
Details after the jump!
From US Department of Justice:
18 U.S.C. § 2257 imposes name- and age-verification, recordkeeping, and labeling requirements on producers of visual depictions of actual human beings engaged in actual sexually explicit conduct. Likewise, 18 U.S.C. § 2257A imposes name- and age-verification, recordkeeping, and labeling requirements on producers of visual depictions of actual human beings engaged in simulated sexually explicit conduct. The statutes require producers of such material to ascertain, by examining identification documents, that performers are of legal age, as well as to record and maintain this information. With respect to depictions of actual sexually explicit conduct, failure to do so is a criminal offense punishable by imprisonment of not more than five years for a first offense and not more than 10 years for subsequent offenses. With respect to depictions of simulated explicit conduct, failure to do so is a misdemeanor punishable with up to a year in prison and a fine. Matter containing such visual depictions must be labeled with a statement indicating where the records are located, and those records are subject to inspection by the government.
If you’re getting your content from legitimate providers, you have nothing to worry about. But in case you want to check for your own peace of mind, a legitimate content provider will make it very clear on their website that they are compliant. Keep your eyes peeled for a link and a seal like the ones below:
The statements will lead you to the content provider’s Custodians of Record for said website, and a list of Custodians of Records for any content on the web site for which the owners ad operators are not the primary producer.
18 U.S.C. § 2257 affects primary and secondary producers.