In order to be in compliance with government regulation (18 U.S.C. §2257), all models who are photographed in a sexually explicit manner as described below are required to provide an identification document indicating model is at least 18 years old and allow photographer to digitally capture a copy for their records.
Section 2256(2)(A) clauses (i) through (v) defines sexually explicit conduct as follows:
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the genitals or pubic area of any person.
28 C.F.R. 75. Section 75.19(b) specifically defines the requirements for the picture identification card as follows:
1) It must be issued by the United States, a state government (or political subdivision thereof, or a U.S. territory)
2) It must bear the photograph, name and date of birth of the person identified.
3) It must provide specific information that is sufficient for the issuing authority to confirm its validity, such as a passport, Permanent Resident Card (“Green Card”), or employment authorization document issued by the United States, a driver’s license or other form of identification issued by a state or District of Columbia; or a foreign government-issued equivalent of any of the documents listed above when the person who is the subject of the picture identification card is a non-U.S. citizen located outside the United States at the time of original production and the producer maintaining the required records, whether a U.S. citizen or not, is located outside the United States on the original production date.
4) It must be valid as of the original production date.
Examples of identification documents that comply with the regulations include:
1) A valid U.S. passport (or, if the performer and producer are both outside the U.S., a valid passport issued by a foreign government).
2) A valid state identification card.
3) A valid state driver’s license.
4) A valid identification from either a state college or university, so long as it contains a clear picture of the person identified along with their legal name, date of birth and document identification number or some other information that allows one to confirm the document’s validity.