CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES CODE.

SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES CODE. (a) [18 U.S.C. 2252 note] Declaration.—The Congress declares that in enacting sections 2252 and 2256 of title 18, United States Code, it was and is the intent of Congress that— (1) the scope of “exhibition of the genitals or pubic area” in section 2256(2)(E), in the definition of “sexually explicit conduct”, is not limited to nude exhibitions or exhibitions in which the outlines of those areas were discernible through clothing; and (2) the requirements in section 2252(a) (1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production of a visual depiction involve the use of a minor engaging in “sexually explicit conduct” of the kind described in section 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a lascivious manner. (b) Sense of the Congress.—It is the sense of the Congress that in filing its brief in United States v. Knox, No. 92–1183, and thereby depriving the United States Supreme Court of the adverseness necessary for full and fair presentation of the issues arising in the case, the Department of Justice did not accurately reflect the intent of Congress in arguing that “the videotapes in [the Knox case] constitute ‘lascivious exhibition[s] of the genitals or pubic area’ only if those body parts are visible in the tapes and the minors posed or acted lasciviously.”.