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Criminal Resource Manual

1973. Definitions For 18 U.S.C. 2251, 2251A, 2252A And 2252

Section 2256 of Title 18, United States Code, sets forth definitions for Sections 2251, 2251A, 2252A and 2252. For example, "minor" refers to any person under the age of eighteen years. "Sexually explicit conduct" means actual or simulated: sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area. The term "child pornography" is defined to include the following: (1) visual depictions where minors are depicted engaging in sexually explicit conduct; (2) visual depictions which are, or appear to be, of a minor engaging in sexually explicit conduct; (3) visual depictions which have been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (4) visual depictions which are advertised, promoted, presented, described or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexually explicit conduct. See Criminal Resource Manual No. 1969 for discussion of Free Speech Coalition v. Reno and its effect on the definitions in Section 2256.

The term "identifiable minor" is defined as a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting, or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature.

[updated April 2000] [cited in USAM 9-75.001]