CERTAIN ACTIVITIES RELATING TO VISUAL DEPICTIONS.

SEC. 323. CERTAIN ACTIVITIES RELATING TO VISUAL DEPICTIONS. (a) Section 2252 of title 18, United States Code, is amended— (1) by striking out “or” at the end of subsection (a)(1); and (2) by striking out “shall be punished as provided in subsection (b) of this section” in subsection (a)(2) and all that follows through the end of subsection (b) and inserting the following: “(3) either— “(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly sells or possesses with intent to sell any visual depiction; or “(B) knowingly sells or possesses with intent to sell any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materails which have been mailed or so shipped or transported, by any means, including by computer, if— “(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and “(ii) such visual depiction is of such conduct; or “(4) either— “(A) in the special maritime and territorial jurisdiction of the United States, or on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country as defined in section 1151 of this title, knowingly possesses 3 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction; or “(B) knowingly possesses 3 or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which was produced using materials which have been mailed or so shipped or transported, by any means including by computer, if— “(i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and “(ii) such visual depiction is of such conduct; shall be punished as provided in subsection (b) of this section. “(b) (1) Whoever violates paragraph (1), (2), or (3) of subsection (a) shall be fined under this title or imprisoned not more than ten years, or both, but, if such person has a prior conviction under this section, such person shall be fined under this title and imprisoned for not less than five years nor more than fifteen years. 104 STAT. 4819 “(2) Whoever violates paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both.”. (b) Paragraph (2) of subsection 2252(a) of title 18, United States Code, is amended by striking “that has been transported or shipped in interstate or foreign commerce by any means including by computer or mailed” and inserting “that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer,”. (c) Section 1460 of title 18, United States Code, is amended— (1) in subsection (a), by striking “or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct,” and (2) so that subsection (b) reads as follows: “(b) For the purposes of this section, the term ‘visual depiction’ includes undeveloped film and videotape but does not include mere words.”.