2257

Under a federal law, 18 U.S.C. § 2257, producers of a "visual depiction of an actual human being engaged in actual sexually explicit conduct" are required to keep records showing the ages of the models. It does not cover images produced before July 3, 1995, or depictions of virtual sexually explicit conduct not involving action human beings. The Adam Walsh Child Protection and Safety Act, codified at 18 U.S.C. § 2257A, extended record keeping requirements to "simulated sexually explicit conduct" and "lascivious exhibition of the genitals or pubic area of any person" beginning March 18, 2009. Section 2257A also creates a safe harbor certification process for television and movie producers of simulated or lascivious depictions. The certification does not apply to other types of depictions covered by § 2257. New regulations issued December 8, 2008 cover these changes.The current regulations are available at http://www.zei2257.com/FR-28CFR75-20081218.pdf