[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1237 Introduced in Senate (IS)]
1st Session
S. 1237
To amend certain provisions of law relating to child pornography, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13 (legislative day, September 5), 1995
Mr. Hatch (for himself, Mr. Abraham, Mr. Grassley, and Mr. Thurmond)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend certain provisions of law relating to child 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 ``Child Pornography Prevention Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the use of children in the production of sexually
explicit material, including photographs, films, videos,
computer images, and other visual depictions, is a form of
sexual abuse which can result in physical or psychological
harm, or both, to the children involved;
(2) child pornography permanently records the victim's
abuse, and its continued existence causes the child victims of
sexual abuse continuing harm by haunting those children in
future years;
(3) child pornography is often used as part of a method of
seducing other children into sexual activity; a child who is
reluctant to engage in sexual activity with an adult, or to
pose for sexually explicit photographs, can sometimes be
convinced by viewing depictions of other children ``having
fun'' participating in such activity;
(4) prohibiting the possession and viewing of child
pornography encourages the possessors of such material to
destroy them, thereby helping to protect the victims of child
pornography and to eliminate the market for the sexually
exploitative use of children; and
(5) the elimination of child pornography and the protection
of children from sexual exploitation provide a compelling
governmental interest for prohibiting the production,
distribution, possession, or viewing of child pornography.
SEC. 3. DEFINITIONS.
Section 2256 of title 18, United States Code, is amended--
(1) in paragraph (2)(E), by inserting before the semicolon
the following: ``, or the buttocks of any minor, or the breast
of any female minor'';
(2) in paragraph (5), by inserting before the semicolon the
following: ``, and data stored on computer disk or by
electronic means which is capable of conversion into a visual
image'';
(3) in paragraph (6), by striking ``and'';
(4) in paragraph (7), by striking the period and inserting
``; and''; and
(5) by adding at the end the following new paragraph:
``(8) `child pornography' means any visual depiction,
including any photograph, film, video, picture, drawing, or
computer or computer-generated image or picture, whether made
or produced by electronic, mechanical, or other means, of
sexually explicit conduct, where--
``(A) the production of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct;
``(B) such visual depiction is, or appears to be,
of a minor engaging in sexually explicit conduct; or
``(C) such visual depiction is advertised,
promoted, presented, described, or distributed in such
a manner that conveys the impression that the material
is or contains a visual depiction of a minor engaging
in sexually explicit conduct.''.
SEC. 4. PROHIBITED ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR
CONTAINING CHILD PORNOGRAPHY.
(a) In General.--Section 2252 of title 18, United States Code, is
amended to read as follows:
``Sec. 2252. Certain activities relating to material constituting or
containing child pornography
``(a) Any person who--
``(1) knowingly mails, transports, or ships in interstate
or foreign commerce by any means, including by computer, any
child pornography;
``(2) knowingly receives or distributes--
``(A) any child pornography that has been mailed,
shipped, or transported in interstate or foreign
commerce by any means, including by computer; or
``(B) any material that contains child pornography
that has been mailed, shipped, or transported in
interstate or foreign commerce by any means, including
by computer;
``(3) knowingly reproduces any child pornography for
distribution through the mails, or in interstate or foreign
commerce by any means, including by computer;
``(4) either--
``(A) in the maritime and territorial jurisdiction
of the United States, or on any land or building owned
by, leased to, or otherwise used by or under the
control of the United States Government, or in the
Indian country (as defined in section 1151), knowingly
sells or possesses with the intent to sell any child
pornography; or
``(B) knowingly sells or possesses with the intent
to sell any child pornography that has been mailed,
shipped, or transported in interstate or foreign
commerce by any means, including by computer, or that
was produced using materials that have been mailed,
shipped, or transported in interstate or foreign
commerce by any means, including by computer; or
``(5) either--
``(A) in the maritime and territorial jurisdiction
of the United States, or on any land or building owned
by, leased to, or otherwise used by or under the
control of the United States Government, or in the
Indian country (as defined in section 1151), knowingly
possesses 3 or more books, magazines, periodicals,
films, videotapes, computer disks, or any other
material that contains any child pornography; or
``(B) knowingly possesses 3 or more books,
magazines, periodicals, films, videotapes, computer
disks, or any other material that contains any child
pornography that has been mailed, shipped, or
transported in interstate or foreign commerce by any
means, including by computer,
shall be punished as provided in subsection (b).
``(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under
this title or imprisoned not more than 10 years, or both, but, if such
person has a prior conviction under this chapter or chapter 109A, such
person shall be fined under this title and imprisoned for not less than
5 years nor more than 15 years.
``(2) Whoever violates paragraph (5) of subsection (a) shall be
fined under this title or imprisoned for not more than 5 years, or
both.''.
(b) Technical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by amending the item relating
to section 2252 to read as follows:
``2252. Certain activities relating to material constituting or
containing child pornography.''.
SEC. 5. PRIVACY PROTECTION ACT AMENDMENTS.
Section 101 of the Privacy Protection Act of 1980 (42 U.S.C.
2000aa) is amended--
(1) in subsection (a)(1), by inserting before the semicolon
at the end the following: ``, or if the offense involves the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, the sexual
exploitation of children, or the sale or purchase of children
under section 2251, 2251A, or 2252 of title 18, United States
Code''; and
(2) in subsection (b)(1), by inserting before the semicolon
at the end the following: ``, or if the offense involves the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, the sexual
exploitation of children, or the sale or purchase of children
under section 2251, 2251A, or 2252 of title 18, United States
Code''.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such to any
other person or circumstance shall not be affected thereby.
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