[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.
                                 <all>