The guidelines for enforcing these laws commonly known as Regulations requires producers of sexually explicit material to obtain proof of age for every model they shoot, and retain those records.
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Federal inspectors may at any time launch inspections of these records and prosecute any infraction. A primary producer is defined in the set of rules as any person who actually films, videotapes, or photographs a visual depiction of actual sexually explicit conduct. Different record-keeping requirements exist for primary versus secondary producers.
One may be both a primary and a secondary producer. The regulations also spell out requirements for the maintenance, categorization, location, and inspection of records, as well as legal grounds for exemption of these requirements. They require that records be maintained for five years after the dissolution of a business that had been required to maintain them. A contains one or more visual depictions made after the effective date of this subsection of actual 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.
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B does not include activities that are limited to —. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.
Our firm is current on the latest legal developments related to record keeping pursuant to section and in addition to being able to defend you in a related enforcement action, we can review your products and websites and provide you with suggestions and recommendations to assist you in being fully compliant with these complicated regulations.
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