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Crimes and Criminal Procedure 18 USCA Section 2256. Section 2256 defines 'sexually explicit conduct' in part as actual or simulated sexual intercourse, 'whether between persons of the same or opposite sex.Sec. 2251. Sexual exploitation of children. 14 18 U.S.C. § 2256(8). Tribution, or solicitation of child sexual abuse. 20 material, as defined in section 2256(8) of title. 21. The Ashcroft decision did not specifically address the constitutionality of 18 U.S.C. 2256(8)(C). Principal U.S. Statutes Cited in the Initial Report Concerning the Optional Protocol on Sale of Children, Child Prostitution And Child Pornography. Amendment to section 2256 of title 18, United States Code. Sec. 18 U.S.C. §§ 22512260.