[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2174 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2174

    To amend chapter 110 of title 18, United States Code, to create 
 remedies for children and other victims of pornography, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 1993

    Mrs. Meyers of Kansas (for herself, Mr. Horn, Mr. Ravenel, Mrs. 
 Roukema, Mr. Dornan, Mr. Oxley, Mr. Petri, Mr. Lipinski, Mr. Bilbray, 
Mrs. Johnson of Connecticut, Mr. Solomon, Mr. Faleomavega, Mr. Ramstad, 
 Ms. Molinari, Mr. Ackerman, Mr. Parker, Mr. Pickett, Mr. Bryant, Mr. 
Gordon, and Ms. Roybal-Allard) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend chapter 110 of title 18, United States Code, to create 
 remedies for children and other victims of pornography, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pornography Victims Protection Act 
of 1993''.

SEC. 2. SECTION 2251 AMENDMENTS.

    Section 2251 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking out ``subsection (d)'' 
        and inserting in lieu thereof ``subsection (e)'' and by 
        inserting before the period at the end thereof the following: 
        ``or if such person knows or has reason to know that the minor 
        was transported in interstate or foreign commerce for the 
        purpose of producing any such visual depiction of such 
        conduct'';
            (2) in subsection (b), by striking out ``subsection (d)'' 
        and inserting in lieu thereof ``subsection (e)'' and by 
        inserting before the period at the end thereof the following: 
        ``or if such person knows or has reason to know that the minor 
        was transported in interstate or foreign commerce for the 
        purpose of producing any such visual depiction of such 
        conduct'';
            (3) by inserting immediately after subsection (b) the 
        following:
    ``(c)(1) Any person who coerces, intimidates, or fraudulently 
induces an individual 18 years or older to engage in any sexually 
explicit conduct for the purpose of producing any visual depiction of 
such conduct shall be punished as provided under subsection (e), if 
such person knows or has reason to know that such visual depiction will 
be transported in interstate or foreign commerce or mailed, if such 
visual depiction has actually been transported in interstate or foreign 
commerce or mailed, or if such person knows or has reason to know that 
the individual 18 years or older was transported in interstate or 
foreign commerce for the purpose of producing any such visual depiction 
of such conduct.
    ``(2) Proof of one or more of the following facts or conditions 
shall not, without more, negate a finding of coercion under this 
subsection:
            ``(A) that the person is or has been a prostitute;
            ``(B) that the person is connected by blood or marriage to 
        anyone involved in or related to the making of the pornography;
            ``(C) that the person has previously had, or been thought 
        to have had, sexual relations with anyone, including anyone 
        involved in or related to the making of the pornography;
            ``(D) that the person has previously posed for sexually 
        explicit pictures for or with anyone, including anyone involved 
        in or related to the making of the pornography at issue;
            ``(E) that anyone else, including a spouse or other 
        relative, has given permission on the person's behalf;
            ``(F) that the person actually consented to a use of the 
        performance that is changed into pornography;
            ``(G) that the person knew that the purpose of the acts or 
        events in question was to make pornography;
            ``(H) that the person signed a contract to produce 
        pornography; or
            ``(I) that the person was paid or otherwise compensated.'';
            (4) in subsection (c), by striking out ``(c)'' and 
        inserting in lieu thereof ``(d)'';
            (5) in subsection (d), by striking out ``(d)'' and 
        inserting in lieu thereof ``(e)''; and
            (6) by amending the heading to read as follows:
``Sec. 2251. Sexual exploitation''.

SEC. 3. CIVIL REMEDIES AND PROCEDURE.

    (a) Modification of Existing Civil Remedies.--Section 2255 of title 
18, United States Code, is amended to read as follows:
``Sec. 2255. Civil remedies.
    ``(a) The district courts of the United States shall have 
jurisdiction to prevent and restrain violations of section 2251 of this 
title by issuing appropriate orders, including--
            ``(1) ordering any person to divest himself of any 
        interest, direct or indirect, in any legal or business entity;
            ``(2) imposing reasonable restrictions on the future 
        activities or investments of any person including prohibiting 
        such person from engaging in the same type of legal or business 
        endeavor; or
            ``(3) ordering dissolution or reorganization of any legal 
        or business entity after making due provision for the rights of 
        innocent persons.
    ``(b) The Attorney General or any person threatened with loss or 
damage by reason of a violation of section 2251 of this title may 
institute proceedings under subsection (a) of this section and, in the 
event that the party bringing suit prevails, such party shall recover 
the cost of the suit, including a reasonable attorney's fee. Pending 
final determination, the court may at any time enter such restraining 
orders or prohibitions, or take such other actions, including the 
acceptance of satisfactory performance bonds, as it shall deem proper. 
For purposes of this section, a violation of section 2251 of this title 
shall be determined by a preponderance of the evidence.
    ``(c) Any victim of a violation of section 2251 of this title who 
suffers physical injury, emotional distress, or property damage as a 
result of such violation may sue to recover damages in any appropriate 
United States district court and shall recover threefold the damages 
such person sustains as a result of such violation and the cost of the 
suit, including a reasonable attorney's fee. For purposes of this 
section, a violation of section 2251 of this title shall be determined 
by a preponderance of the evidence.
    ``(d) A final judgment or decree rendered in favor of the United 
States in any criminal proceeding brought by the United States under 
this chapter shall estop the defendant from denying the essential 
allegations of the criminal offense in any subsequent civil proceeding.
    ``(e) Nothing in this section shall be construed to authorize any 
order restraining the exhibition, distribution or dissemination of any 
visual material without a full adversary proceeding and a final 
judicial determination that such material contains a visual depiction 
of sexually explicit conduct, engaged in by a minor or by a person who 
was coerced, intimidated, or fraudulently induced to engage in such 
sexually explicit conduct.''.
    (b) Additional Remedies and Procedure.--Chapter 110 of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 2259. Civil penalties.
    ``(a) Any person found to violate section 2251 of this title by 
preponderance of the evidence shall be liable to the United States 
Government for a civil penalty of $100,000 and the forfeiture of any 
interest in property described in section 2254. The Attorney General 
may bring an action for recovery of any such civil penalty or 
forfeiture against any such person. If the Attorney General prevails he 
may also recover the cost of the suit, including a reasonable 
attorney's fee.
    ``(b) If the identity of any victim of an offense provided in 
section 2251 of this title is established before an award of a civil 
penalty made to the United States under this section, the victim shall 
be entitled to the award. If there is more than one victim, the court 
shall apportion the award among the victims on an equitable basis after 
considering the harm suffered by each such victim.
``Sec. 2260. Venue and process.
    ``(a) Any civil action or proceeding brought under this chapter may 
be instituted in the district court of the United States for any 
district in which the defendant resides, is found, has an agent, or 
transacts his affairs.
    ``(b) In any action under section 2255 or 2259 of this title in any 
district court of the United States in which it is shown that the ends 
of justice require that other parties residing in any other district be 
brought before the court, the court may cause such parties to be 
summoned, and process for that purpose may be served in any judicial 
district of the United States by the marshal of such judicial district.
    ``(c) In any civil or criminal action or proceeding under this 
chapter in the district court of the United States for any judicial 
district, a subpoena issued by such court to compel the attendance of 
witnesses may be served in any other judicial district except that no 
subpoena shall be issued for service upon any individual who resides in 
another district at a place more than one hundred miles from the place 
at which such court is held without approval given by a judge of such 
court upon a showing of good cause.
    ``(d) All other process in any action or proceeding under this 
chapter may be served on any person in any judicial district in which 
such person resides, is found, has an agent, or transacts his affairs.
``Sec. 2261. Expedition of actions.
    ``In any civil action instituted under this chapter by the United 
States in any district court of the United States, the Attorney General 
may file with the clerk of such court a certificate stating that in his 
opinion the case is of general public importance. A copy of that 
certificate shall be furnished immediately by such clerk to the chief 
judge or in his absence to the presiding district judge of the district 
in which such action is pending. Upon receipt of such copy, such judge 
shall designate immediately a judge of that district to hear and 
determine the action. The judge designated to hear and determine the 
action shall assign the action for hearing as soon as practicable and 
hold hearings and make a determination as expeditiously as possible.
``Sec. 2262. Evidence.
    ``In any proceeding ancillary to or in any civil action instituted 
under this chapter the proceedings may be opened or closed to the 
public at the discretion of the court after consideration of the rights 
of affected persons.
``Sec. 2263. Limitations.
    ``A civil action under section 2255 or 2259 of this title must be 
brought within six years from the date the violation is committed. In 
any such action brought by or on behalf of a person who was a minor at 
the date the violation was committed, the running of such six-year 
period shall be deemed to have been tolled during the period of such 
person's minority.''.

SEC. 5. CLERICAL AMENDMENT.

    (a) Table of Sections.--The table of sections for chapter 110 of 
part I of title 18, United States Code, is amended to read as follows:

                   ``CHAPTER 110--SEXUAL EXPLOITATION

``Sec.
``2251. Sexual exploitation.
``2252. Selling or buying of children.
``2253. Criminal forfeiture.
``2254. Civil forfeiture.
``2255. Civil remedies.
``2256. Definitions for chapter.
``2257. Record keeping requirements.
``2258. Failure to report child abuse.
``2259. Civil penalties.
``2260. Venue and process.
``2261. Expedition of actions.
``2262. Evidence.
``2263. Limitations.''.
    (b) Table of Chapters.--The table of chapters for part I of title 
18, United States Code, is amended by striking the item relating to 
chapter 110 and inserting in lieu thereof the following:

``110. Sexual Exploitation..................................    2251''.

                                 <all>