if-

(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and

(B) such visual depiction is of such conduct,

(2) knowingly receives, or distributes any visual depiction 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, or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails,

if-

(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct, and

(B) such visual depiction is of such conduct, shall be punished as provided in subsection (b) of this section.

(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 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, or

(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 chapter or chapter 109A, such person shall be fined under this title and imprisoned for not less than five years nor more than fifteen years.

(2) Whoever violates paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both.

2256. Definitions for chapter

For the purposes of this chapter [18 USCS 2251 et seq.], the term-

(1) "minor" means any person under the age of eighteen years,

(2) "sexually explicit conduct" means actual or simulated-

(A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex,

(B) bestiality,

(C) masturbation,

(D) sadistic or masochistic abuse (for the purpose of sexual stimulation),

or

(E) lascivious exhibition of the genitals or pubic area of any person,

(3) "producing" means producing, directing, manufacturing, issuing, publishing, or advertising,

(4) "organization" means a person other than an individual,

(5) "visual depiction" includes undeveloped film and videotape,

(6) "computer" has the meaning given that term in section 1030 of this title, and

(7) "custody or control" includes temporary supervision over or responsibility for a minor whether legally or illegally obtained.