The Child Protection and Obscenity Enforcement Act of 1988 Law & Legal Definition


The Child Protection and Obscenity Enforcement Act of 1988 is a United States Act of Congress, and part of the United States Code, which places stringent record-keeping requirements on the producers of actual, sexually explicit materials. The guidelines for enforcing these laws require producers of sexually explicit material to obtain proof of age for every model they shoot, and retain those records. Federal inspectors may at any time launch inspections of these records and prosecute any infraction.

The Act amends the Federal criminal code and makes it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct. The Act establishes criminal penalties for buying, selling, or transferring the custody of a minor knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or with the intent to promote child pornography. The Act also makes it a federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce. Knowingly using a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce is also a criminal offense.