; or (ii) the producing of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; ; and (iv) in paragraph (4)(B), by striking clauses (i) and (ii) and inserting the following: (i) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or (ii) the producing of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; ; (D) in section 2256— (i) in paragraph (8)— (I) by striking subparagraph (A) and inserting the following: (A) the production of such visual depiction involves— (i) the use of a minor engaging in sexually explicit conduct; or (ii) an adult engaging in sexually explicit conduct in the presence of a minor and the intentional inclusion of the minor in the visual depiction; ; and (II) in subparagraph (B), by inserting after sexually explicit conduct the following: or that of a minor intentionally included in such visual depiction of an adult engaging in sexually explicit conduct ; and (III) in subparagraph (C), by inserting after sexually explicit conduct. the following: or is intentionally included in such visual depiction of an adult engaging in sexually explicit conduct ; (ii) in paragraph (9), by striking the period at the end and inserting a semicolon; (iii) in paragraph (10), by striking and at the end; (iv) in paragraph (11), by striking the period at the end and inserting ; and ; and (v) adding at the end the following: (12) the terms uses any minor to engage in , the use of a minor engaging in , and in the presence of a minor do not require— (A) the minor to be aware of, or to be capable of appraising the nature of, the sexually explicit conduct