Sexually Explicit Conduct Questionnaire for §2257 Requirements

This questionnaire is meant to help us understand the USC Title 18 §2257 Record Keeping Requirements in terms of what material is exempt, and for applicable material, what the requirements are.  This is NOT legal advice or counsel.

PE dot com wants to foster more awareness and education about these topics because legislation affects all of us in terms of our freedom of speech, and our expression of sexuality.

When considering your material:

  1. Does your content depict actual humans engaging in "sexually explicit conduct" (sexual intercourse with genitals, or masturbation, or "lascivious exhibition of the genitals or pubic area")?
    • If no, then don't worry about it, you're free!
    • If yes, then...
  2. Was it last produced or published prior to July 3, 1995?
    • If yes, then don't worry about it, you're free!
    • If no, then...
  3. Was it last produced or published prior to March 18, 2009?
    • If yes, then...
      • Is it simulated (looks real but isn't) sexually explicit conduct - OR
      • Lascivious exhibition of the genitals or pubic area only (NOT sexually explicit conduct)?
        • If yes, then don't worry about it, you're free!
    • If no, then...
  4.  You as the primary producer must keep records including:
    1. For each "performer" portrayed (any person engaging or assisting in "sexually explicit conduct"): the name, age and legible scanned digital image of the valid government issued identification number used on the ID you checked to be sure the model is over 18 years of age at the time of production.
    2. Your name and the address of the location where your records are kept.