(9) "identifiable minor" -
(A) means a person -
(i)(I) who was a minor at the time the visual depiction was
created, adapted, or modified; or
(II) whose image as a minor was used in creating, adapting,
or modifying the visual depiction; and
(ii) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature; and
(B) shall not be construed to require proof of the actual
identity of the identifiable minor.
(10) "graphic", when used with respect to a depiction of
sexually explicit conduct, means that a viewer can observe any
part of the genitals or pubic area of any depicted person or
animal during any part of the time that the sexually explicit
conduct is being depicted; and
(11) the term "indistinguishable" used with respect to a
depiction, means virtually indistinguishable, in that the
depiction is such that an ordinary person viewing the depiction
would conclude that the depiction is of an actual minor engaged
in sexually explicit conduct. This definition does not apply to
depictions that are drawings, cartoons, sculptures, or paintings
depicting minors or adults.