Chapter 110, Section 2252A, Subsection (c) · 18 U.S.C. Chapter 110 — SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

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(c)It shall be an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) that—

(1)Regulation 12(1) (re-employed and rejoining deferred members) shall only apply to a councillor member in respect of any councillor membership where both the former membership and the membership as an active member referred to in that paragraph are councillor membership.

(A)the alleged child pornography was produced using an actual person or persons engaging in sexually explicit conduct; and

(B)each such person was an adult at the time the material was produced; or

(2)the alleged child pornography was not produced using any actual minor or minors.

No affirmative defense under subsection (c)(2) shall be available in any prosecution that involves child pornography as described in section 2256(8)(C). A defendant may not assert an affirmative defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) unless, within the time provided for filing pretrial motions or at such time prior to trial as the judge may direct, but in no event later than 14 days before the commencement of the trial, the defendant provides the court and the United States with notice of the intent to assert such defense and the substance of any expert or other specialized testimony or evidence upon which the defendant intends to rely. If the defendant fails to comply with this subsection, the court shall, absent a finding of extraordinary circumstances that prevented timely compliance, prohibit the defendant from asserting such defense to a charge of violating paragraph (1), (2), (3)(A), (4), or (5) of subsection (a) or presenting any evidence for which the defendant has failed to provide proper and timely notice.

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Defined terms · 24

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actual sexually explicit conduct
means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title;
child pornography
means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—
child pornography production
means conduct proscribed by subsections (a) through (c) of section 2251, section 2251A, section 2252A(g) (in cases in which the series of felony violations involves at least 1 of the violations listed in this subsection), section 2260(a), or any offense under chapter 109A or chapter 117 that involved the production of child pornography (as such term is defined in section 2256).
computer
has the meaning given that term in section 1030 of this title;
copy
includes every page of a website on which matter described in subsection (a) appears.
custody or control
includes temporary supervision over or responsibility for a minor whether legally or illegally obtained;
electronic communication service
has the meaning given that term in section 2510;
electronic mail address
has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 (15 U.S.C. 7702);
Internet
has the meaning given that term in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note);
material that is harmful to minors
means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context—
minor
means any person under the age of eighteen years;
NCMEC
means the National Center for Missing & Exploited Children;
organization
means a person other than an individual;
performer
includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct.
producing
means producing, directing, manufacturing, issuing, publishing, or advertising;
provider
means an electronic communication service provider or remote computing service;
remote computing service
has the meaning given that term in section 2711;
sex
means acts of masturbation, sexual intercourse, or physcial 1 contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.
sexually explicit conduct
means actual or simulated—
source code
means the combination of text and other characters comprising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol or functional content, as well as any successor languages or protocols.
trafficking in child pornography
means conduct proscribed by section 2251(d), 2252, 2252A(a)(1) through (5), 2252A(g) (in cases in which the series of felony violations exclusively involves violations of section 2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 2260(b).
victim
means the individual harmed as a result of a commission of a crime under this chapter.
visual depiction
includes undeveloped film and videotape, data stored on computer disk or by electronic means which is capable of conversion into a visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format;
website
means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.