18 U.S.C. 2257 Compliance

 

 18 U.S.C. 2257 Compliance (Custodian of Records)

Spank Monkey Heaven (“Website”) is exempt from the record keeping and labeling requirements of 18 U.S.C. 2257 because the content of the Website does not depict sexually explicit conduct as defined by 18 U.S.C. 2256 but only depicts non-sexually explicit nudity.

All models, actresses, performers and other persons depicted in this Website were 18 or older at the time of the creation of the images and video clips depicted within this Website.

Spank Monkey Heaven is not the primary producer of any of images appearing on this website.  Rather,  Spank Monkey Heaven is a “secondary producer” within the meaning of the term in the preliminary injunction in the matter entitled Free Speech Coalition, et al. vs. Alberto Gonzales, Case No. 05cv1126 – WMD (U.S.D.C. D., Colo) for all visual depictions that may be deemed sexually explicit (if any).  All records required pursuant to 18 U.S.C. Section 2257 and C.F.R. 75 are kept by the Custodian of Records of the primary content producer.

The date of reproduction or republication of non-exempt visual depictions of actual sexually explicit conduct is today’s date, as this website is reproduced or republished on a daily basis.  The actual production dates for such images are contained in the records maintained pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75.