RECORDKEEPING FOR VISUAL DEPICTIONS OF ACTUAL AND SIMULATED SEXUALLY EXPLICIT CONDUCT
In order to protect children from sexual exploitation crimes, federal law imposes name- and age-verification, recordkeeping, and labeling requirements on producers of visual depictions of actual human beings engaged in actual or simulated sexually explicit conduct (See 18 U.S.C. §§ 2257, 2257A). This means that producers of pornography, or depictions of any sexual activity using actual people, are required to verify that the performers are of legal age (18–years–old or older) by maintaining records of the performers’ names and ages. They also are required to disclose the location of these records. Under the law, all records are subject to inspection.
Producers using actual people to depict images of simulated sexually explicit conduct or the lascivious exhibition of the genitals or pubic area, who regularly within the course of business, collect and maintain records of the performers’ identification information can send a certification to the Attorney General verifying their exemption from the aforementioned requirements (See 18 U.S.C. § 2257A).