Federal Criminal Penalties
Non-compliance with 18 U.S.C. § 2257 is not a civil matter — it's a federal crime. The penalties are:
- First offense: Up to 5 years imprisonment and/or fines
- Subsequent offenses: Up to 10 years imprisonment
- Forfeiture of all content produced in violation of the statute
These penalties apply to any producer who fails to maintain required records, regardless of whether all performers are actually of legal age. The crime is the failure to keep records, not the age of the performers.
How Enforcement Works
The Department of Justice is authorized to inspect 2257 records. Inspections must occur during normal business hours at the designated Custodian of Records location. Inspectors can:
- Request to see records for any performer or piece of content
- Verify that records are complete, organized, and cross-referenced
- Confirm that the COR statement is displayed on content
Inspections don't require a warrant — they're administrative inspections authorized by the statute. However, they must be conducted during "reasonable" hours and with appropriate notice.
Real-World Risks
Beyond federal enforcement, non-compliance creates several practical risks:
Payment Processor Issues
Payment processors (Stripe, PayPal, banks) increasingly require evidence of 2257 compliance. Non-compliant producers risk having their accounts frozen or terminated.
Platform Delistings
Tube sites and distribution platforms may require valid 2257 records before hosting content. Without them, your content can be removed.
Civil Liability
If a performer is later found to be underage, the producer faces both criminal prosecution and civil lawsuits — regardless of whether they "didn't know." Proper ID verification and record-keeping is the only defense.
Insurance Complications
Errors & Omissions (E&O) insurance policies may not cover claims arising from 2257 non-compliance, leaving you personally liable.
The Cost of Compliance vs. Non-Compliance
| Non-Compliance Risk | Compliance Cost |
|---|---|
| Up to 5 years imprisonment | $39.95/scene for full COR service |
| Payment processor shutdowns | ID verification included |
| Content takedowns | Secure record storage |
| Civil lawsuits | Audit-ready reports |
| Reputation damage | Peace of mind |
The math is straightforward: $39.95 per scene to be fully compliant, or risk federal criminal charges.
How to Get Compliant
If you've been producing content without proper 2257 records, you should:
- Stop producing until you have a compliance system in place
- Retroactively collect IDs and records for any existing performers (where possible)
- Set up a COR — either self-manage or use a service like Easy2257
- Verify all performers going forward before production begins
- Add compliance statements to all published content
Start your compliance today — COR service is included with every Easy2257 plan, starting at $39.95/scene.
This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.