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Child Protection and Obscenity Enforcement Act

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Child Protection and Obscenity Enforcement Act

The Child Protection and Obscenity Enforcement Act of 1988, title VII, subtitle N of the Anti-Drug Abuse Act of 1988, Pub. L. 100–690, 102 Stat. 4181, enacted November 18, 1988, H.R. 5210, is part of a United States Act of Congress which places record-keeping requirements on the producers of actual, sexually explicit materials. The implementing regulations (colloquially known as 2257 regulations) (C.F.R. Part 75), part of the United States Code of Federal Regulations, require producers of sexually explicit material to obtain proof of age for every model they shoot and retain those records. Federal inspectors may inspect these records at any time and prosecute violations.

The administrative law that has been created by virtue of the Act to guide and aid its enforcement, 28 C.F.R. 75 (also known as the 2257 regulations), specifies record-keeping requirements for those wishing to produce sexually explicit media, and imposes criminal penalties for failure to comply. This is intended to ensure that no person under the legal age is involved in such undertakings. (See Pornography in the United States § Legality and Child pornography laws in the United States for more information about the term "sexually explicit".)

The regulations define the terms "primary producer" and "secondary producer". The term "produces" means:

and does not include activities that are limited to:

A "primary producer" is defined in the set of rules as

any person

When a corporation or other organization is the primary producer of any particular image or picture, then no individual employee or agent of that corporation or other organization will be considered to be a primary producer of that image or picture.

A "secondary producer" is

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