1. Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency (a) Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency Chapter 71 of title 18, United States Code, is amended by adding at the end the following: 1471. Furnishing of sexually explicit material to a school or an educational agency (a) Offenses (1) Publishing house Whoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house (A) In general Whoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense It shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved. (b) Excepted material The prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value. (c) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material The term published material — (A) means any book, magazine, newspaper, or other printed material