Another U.S. Department of Justice PROPOSED Rule - for USC 2257A

6-8-2008 National:

Another PROPOSED RULE under the Adam Walsh Act, covering USC 2257A, in summary:

This rule proposes to amend record-keeping, labeling, and inspection requirements to implement provisions of the Adam Walsh Child Protection and Safety Act of 2006 that require producers of depictions of simulated sexually explicit conduct to maintain records documenting that performers in those depictions are at least 18 years of age. The rule also implements provisions of the Adam Walsh Act that create a certification regime for the exemption of producers, in certain circumstances, from those requirements and from similar requirements for producers of visual depictions of the lascivious exhibition of the genitals or pubic area of a person.

The PROPOSED RULE was posted in the Federal Register on June 6, 2008. The Department of Justice is asking for public comments BEFORE August 5, 2008. The PROPOSED RULE can be found HERE.

Note: The rule seems to define "simulated sexually explicit conduct" which apparently was not defined before. This could mean that, following public comment and publishing of the final rule, we could see state activity amending any state statutes that may be in conflict with this rule, when final.

While there may be a reason for this rule I can see, down the road, a whole new group of sex offenders being CREATED as the result of this rule.

I wonder if "simulated" also includes cartoonish like pictures that are often found on walls of bathrooms, and would the owners of such establishments be held accountable for it?

eAdvocate