[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2520 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2520

   To amend title 18, United States Code, with respect to the sexual 
                       exploitation of children.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 15, (leislative day, May 9), 2002

 Mr. Hatch (for himself, Mr. Leahy, Mr. Sessions, Mr. Hutchinson, Mr. 
Brownback, Mr. Edwards, and Mr. DeWine) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, with respect to the sexual 
                       exploitation of children.

    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 ``Prosecutorial Remedies and Tools 
Against the Exploitation of Children Today Act of 2002''.

SEC. 2. CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR 
              CONTAINING CHILD PORNOGRAPHY.

    Section 2252A of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) knowingly--
                    ``(A) reproduces any child pornography for 
                distribution through the mails, or in interstate or 
                foreign commerce by any means, including by computer; 
                or
                    ``(B) advertises, promotes, presents, describes, 
                distributes, or solicits through the mails, or in 
                interstate or foreign commerce by any means, including 
                by computer, any material in a manner that conveys the 
                impression that the material is, or contains, an 
                obscene visual depiction of a minor engaging in 
                sexually explicit conduct;'';
                    (B) in paragraph (4), by striking ``or'' at the 
                end;
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(6) knowingly distributes, offers, sends, or provides to 
        a minor any visual depiction, including any photograph, film, 
        video, picture, or computer generated image or picture, whether 
        made or produced by electronic, mechanical, or other means, of 
        sexually explicit conduct where such visual depiction is, or 
        appears to be, of a minor engaging in sexually explicit 
        conduct--
                    ``(A) that has been mailed, shipped, or transported 
                in interstate or foreign commerce by any means, 
                including by computer;
                    ``(B) that was produced using materials that have 
                been mailed, shipped, or transported in interstate or 
                foreign commerce by any means, including by computer; 
                or
                    ``(C) which distribution, offer, sending, or 
                provision is accomplished using the mails or by 
                transmitting or causing to be transmitted any wire 
                communication in interstate or foreign commerce, 
                including by computer,
        for purposes of inducing or persuading such minor to 
        participate in any activity that is illegal.'';
            (2) in subsection (b)(1), by striking ``(1), (2), (3), or 
        (4)'' and inserting ``(1), (2), (3), (4), or (6)''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) It shall be an affirmative defense to a charge of violating 
paragraph (1), (2), (3), (4), or (5) of subsection (a) that--
            ``(1)(A) the alleged child pornography was produced using 
        an actual person or persons engaging in sexually explicit 
        conduct; and
            ``(B) each such person was an adult at the time the 
        material was produced; or
            ``(2) the alleged child pornography was not produced using 
        any actual minor or minors.
No affirmative defense shall be available in any prosecution that 
involves obscene child pornography or child pornography as described in 
section 2256(8)(D). A defendant may not assert an affirmative defense 
to a charge of violating paragraph (1), (2), (3), (4), or (5) of 
subsection (a) unless, within the time provided for filing pretrial 
motions or at such time prior to trial as the judge may direct, but in 
no event later than 10 days before the commencement of the trial, the 
defendant provides the court and the United States with notice of the 
intent to assert such defense and the substance of any expert or other 
specialized testimony or evidence upon which the defendant intends to 
rely. If the defendant fails to comply with this subsection, the court 
shall, absent a finding of extraordinary circumstances that prevented 
timely compliance, prohibit the defendant from asserting a defense to a 
charge of violating paragraph (1), (2), (3), (4), or (5) of subsection 
(a) or presenting any evidence for which the defendant has failed to 
provide proper and timely notice.''.

SEC. 3. ADMISSIBILITY OF EVIDENCE.

    Section 2252A of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Admissibility of Evidence.--In any prosecution under this 
chapter, the name, address, or other identifying information, other 
than the age or approximate age, of any minor who is depicted in any 
child pornography shall not be admissible and the jury shall be 
instructed, upon request of the United States, that it can draw no 
inference from the absence of such evidence in deciding whether the 
child pornography depicts an actual minor .''.

SEC. 4. DEFINITIONS.

    Section 2256 of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting before the semicolon the 
        following: ``and shall not be construed to require proof of the 
        actual identity of the person'';
            (2) in paragraph (8)--
                    (A) in subparagraph (B), by inserting ``is obscene 
                and'' before ``is'';
                    (B) in subparagraph (C), by striking ``or'' at the 
                end; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) such visual depiction--
                            ``(i) is of a minor, or an individual who 
                        appears to be a minor, actually engaging in 
                        bestiality, sadistic or masochistic abuse, or 
                        sexual intercourse, including genital-genital, 
                        oral-genital, anal-genital, or oral-anal, 
                        whether between persons of the same or opposite 
                        sex; and
                            ``(ii) lacks serious literary, artistic, 
                        political, or scientific value; or
                    ``(E) the production of such visual depiction 
                involves the use of an identifiable minor engaging in 
                sexually explicit conduct; and''; and
            (3) in paragraph (9)(A)(ii)--
                    (A) by striking ``(ii) who is'' and inserting the 
                following:
                            ``(ii)(I) who is''; and
                    (B) by striking ``and'' at the end and inserting 
                the following: ``or
                            ``(II) who is virtually indistinguishable 
                        from an actual minor; and''.

SEC. 5. RECORDKEEPING REQUIREMENTS.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (d)(2), by striking ``of this section'' 
        and inserting ``of this chapter or chapter 71,'';
            (2) in subsection (h)(3), by inserting ``, computer 
        generated image or picture,'' after ``video tape''; and
            (3) in subsection (i)--
                    (A) by striking ``not more than 2 years'' and 
                inserting ``not more than 5 years''; and
                    (B) by striking ``5 years'' and inserting ``10 
                years''.

SEC. 6. FEDERAL VICTIMS' PROTECTIONS AND RIGHTS.

    Section 227(f)(1)(D) of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032(f)(1)(D)) is amended to read as follows:
                    ``(D) where the report discloses a violation of 
                State criminal law to an appropriate official of that 
                State or subdivision of that State for the purpose of 
                enforcing such State law.''.

SEC. 7. CONTENTS DISCLOSURE OF STORED COMMUNICATIONS.

    Section 2702 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking ``or'' at the 
                end;
                    (B) in paragraph (6)--
                            (i) in subparagraph (A)(ii), by inserting 
                        ``or'' at the end;
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B);
                    (C) by redesignating paragraph (6) as paragraph 
                (7); and
                    (D) by inserting after paragraph (5) the following:
            ``(6) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted under section 
        227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
        13032); or''; and
            (2) in subsection (c)--
                    (A) in paragraph (4), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following:
            ``(5) to the National Center for Missing and Exploited 
        Children, in connection with a report submitted under section 
        227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
        13032); or''.

SEC. 8. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
              DISTRIBUTION IN THE UNITED STATES.

    Section 2251 of title 18, United States Code, is amended--
            (1) by striking ``subsection (d)'' each place that term 
        appears and inserting ``subsection (e)'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c)(1) Any person who, in a circumstance described in paragraph 
(2), employs, uses, persuades, induces, entices, or coerces any minor 
to engage in, or who has a minor assist any other person to engage in, 
any sexually explicit conduct outside of the United States, its 
territories or possessions, for the purpose of producing any visual 
depiction of such conduct, shall be punished as provided under 
subsection (e).
    ``(2) The circumstance referred to in paragraph (1) is that--
            ``(A) the person intends such visual depiction to be 
        transported to the United States, its territories or 
        possessions, by any means, including by computer or mail; or
            ``(B) the person transports such visual depiction to the 
        United States, its territories or possessions, by any means, 
        including by computer or mail.''.

SEC. 9. CIVIL REMEDIES.

    Section 2252A of title 18, United States Code, as amended by this 
Act, is amended by adding at the end the following:
    ``(f) Civil Remedies.--
            ``(1) In general.--Any person aggrieved by reason of the 
        conduct prohibited under subsection (a) or (b) may commence a 
        civil action for the relief set forth in paragraph (2).
            ``(2) Relief.--In any action commenced in accordance with 
        paragraph (1), the court may award appropriate relief, 
        including--
                    ``(A) temporary, preliminary, or permanent 
                injunctive relief;
                    ``(B) compensatory and punitive damages; and
                    ``(C) the costs of the civil action and reasonable 
                fees for attorneys and expert witnesses.''.

SEC. 10. ENHANCED PENALTIES FOR RECIDIVISTS.

    Sections 2251(d), 2252(b), and 2252A(b) of title 18, United States 
Code, are amended by inserting ``chapter 71,'' before ``chapter 109A,'' 
each place it appears.

SEC. 11. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO ENGAGE IN 
              SEXUAL ACT WITH A JUVENILE.

    Pursuant to its authority under section 994(p) of title 18, United 
States Code, and in accordance with this section, the United States 
Sentencing Commission shall review and, as appropriate, amend the 
Federal Sentencing Guidelines and policy statements to ensure that 
guideline penalties are adequate in cases that involve interstate 
travel with the intent to engage in a sexual act with a juvenile in 
violation of section 2423 of title 18, United States Code, to deter and 
punish such conduct.

SEC. 12. MISCELLANEOUS PROVISIONS.

    (a) Appointment of Trial Attorneys.--Not later than 6 months after 
the date of enactment of this Act, the Attorney General shall appoint 
25 additional trial attorneys to the Child Exploitation and Obscenity 
Section of the Criminal Division of the Department of Justice or to 
appropriate U.S. Attorney's Offices, and those trial attorneys shall 
have as their primary focus, the investigation and prosecution of 
Federal child pornography laws.
    (b) Report to Congressional Committees.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Attorney General shall report to the Chairpersons and Ranking 
        Members of the Committees on the Judiciary of the Senate and 
        the House of Representatives on the Federal enforcement actions 
        under chapter 110 of title 18, United States Code.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) an evaluation of the prosecutions brought under 
                chapter 110 of title 18, United States Code;
                    (B) an outcome-based measurement of performance; 
                and
                    (C) an analysis of the technology being used by the 
                child pornography industry.
    (c) Sentencing Guidelines.--Pursuant to its authority under section 
994(p) of title 18, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall review and, as 
appropriate, amend the Federal Sentencing Guidelines and policy 
statements to ensure that the guidelines are adequate to deter and 
punish conduct that involves a violation of paragraph (3)(B) or (6) of 
section 2252A(a) of title 18, United States Code, as created by this 
Act. With respect to the guidelines for section 2252A(a)(3)(B), the 
Commission shall consider the relative culpability of promoting, 
presenting, describing, or distributing material in violation of that 
section as compared with solicitation of such material.

SEC. 13. 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 the provisions 
of such to any person or circumstance shall not be affected
thereby.
                                 <all>