[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 151 Engrossed in Senate (ES)]
108th CONGRESS
1st Session
S. 151
_______________________________________________________________________
AN ACT
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 2003'' or ``PROTECT
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Obscenity and child pornography are not entitled to
protection under the First Amendment under Miller v.
California, 413 U.S. 15 (1973) (obscenity), or New York v.
Ferber, 458 U.S. 747 (1982) (child pornography) and thus may be
prohibited.
(2) The Government has a compelling state interest in
protecting children from those who sexually exploit them,
including both child molesters and child pornographers. ``The
prevention of sexual exploitation and abuse of children
constitutes a government objective of surpassing importance,''
New York v. Ferber, 458 U.S. 747, 757 (1982) (emphasis added),
and this interest extends to stamping out the vice of child
pornography at all levels in the distribution chain. Osborne v.
Ohio, 495 U.S. 103, 110 (1990).
(3) The Government thus has a compelling interest in
ensuring that the criminal prohibitions against child
pornography remain enforceable and effective. ``[T]he most
expeditious if not the only practical method of law enforcement
may be to dry up the market for this material by imposing
severe criminal penalties on persons selling, advertising, or
otherwise promoting the product.'' Ferber, 458 U.S. at 760.
(4) In 1982, when the Supreme Court decided Ferber, the
technology did not exist to: (A) computer generate depictions
of children that are indistinguishable from depictions of real
children; (B) use parts of images of real children to create a
composite image that is unidentifiable as a particular child
and in a way that prevents even an expert from concluding that
parts of images of real children were used; or (C) disguise
pictures of real children being abused by making the image look
computer generated.
(5) Evidence submitted to the Congress, including from the
National Center for Missing and Exploited Children,
demonstrates that technology already exists to disguise
depictions of real children to make them unidentifiable and to
make depictions of real children appear computer generated. The
technology will soon exist, if it does not already, to computer
generate realistic images of children.
(6) The vast majority of child pornography prosecutions
today involve images contained on computer hard drives,
computer disks, or related media.
(7) There is no substantial evidence that any of the child
pornography images being trafficked today were made other than
by the abuse of real children. Nevertheless, technological
advances since Ferber have led many criminal defendants to
suggest that the images of child pornography they possess are
not those of real children, insisting that the government prove
beyond a reasonable doubt that the images are not computer-
generated. Such challenges increased significantly after the
Ashcroft v. Free Speech Coalition decision.
(8) Child pornography circulating on the Internet has, by
definition, been digitally uploaded or scanned into computers
and has been transferred over the Internet, often in different
file formats, from trafficker to trafficker. An image seized
from a collector of child pornography is rarely a first-
generation product, and the retransmission of images can alter
the image so as to make it difficult for even an expert
conclusively to opine that a particular image depicts a real
child. If the original image has been scanned from a paper
version into a digital format, this task can be even harder
since proper forensic assessment may depend on the quality of
the image scanned and the tools used to scan it.
(9) The impact on the government's ability to prosecute
child pornography offenders is already evident. The Ninth
Circuit has seen a significant adverse effect on prosecutions
since the 1999 Ninth Circuit Court of Appeals decision in Free
Speech Coalition. After that decision, prosecutions generally
have been brought in the Ninth Circuit only in the most clear-
cut cases in which the government can specifically identify the
child in the depiction or otherwise identify the origin of the
image. This is a fraction of meritorious child pornography
cases. The National Center for Missing and Exploited Children
testified that, in light of the Supreme Court's affirmation of
the Ninth Circuit decision, prosecutors in various parts of the
country have expressed concern about the continued viability of
previously indicted cases as well as declined potentially
meritorious prosecutions.
(10) Since the Supreme Court's decision in Free Speech
Coalition, defendants in child pornography cases have almost
universally raised the contention that the images in question
could be virtual, thereby requiring the government, in nearly
every child pornography prosecution, to find proof that the
child is real. Some of these defense efforts have already been
successful.
(11) In the absence of congressional action, this problem
will continue to grow increasingly worse. The mere prospect
that the technology exists to create computer or computer-
generated depictions that are indistinguishable from depictions
of real children will allow defendants who possess images of
real children to escape prosecution, for it threatens to create
a reasonable doubt in every case of computer images even when a
real child was abused. This threatens to render child
pornography laws that protect real children unenforceable.
Moreover, imposing an additional requirement that the
Government prove beyond a reasonable doubt that the defendant
knew that the image was in fact a real child--as some courts
have done--threatens to result in the de facto legalization of
the possession, receipt, and distribution of child pornography
for all except the original producers of the material.
(12) To avoid this grave threat to the Government's
unquestioned compelling interest in effective enforcement of
the child pornography laws that protect real children, a
statute must be adopted that prohibits a narrowly-defined
subcategory of images.
(13) The Supreme Court's 1982 Ferber decision holding that
child pornography was not protected drove child pornography off
the shelves of adult bookstores. Congressional action is
necessary now to ensure that open and notorious trafficking in
such materials does not reappear, and even increase, on the
Internet.
SEC. 3. 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, distributes,
or solicits through the mails, or in interstate or
foreign commerce by any means, including by computer,
any material or purported material in a manner that
reflects the belief, or that is intended to cause
another to believe, that the material or purported
material is, or contains--
``(i) an obscene visual depiction of a
minor engaging in sexually explicit conduct; or
``(ii) a visual depiction of an actual
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,
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 a minor to participate
in any activity that is illegal.'';
(2) in subsection (b)(1), by striking ``paragraphs (1),
(2), (3), or (4)'' and inserting ``paragraph (1), (2), (3),
(4), or (6)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Affirmative Defense.--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 under subsection (c)(2) shall be available in
any prosecution that involves child pornography as described in section
2256(8)(C). 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 such 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. 4. ADMISSIBILITY OF EVIDENCE.
Section 2252A of title 18, United States Code, is amended by adding
at the end the following:
``(e) Admissibility of Evidence.--On motion of the government, in
any prosecution under this chapter, except for good cause shown, the
name, address, social security number, or other nonphysical identifying
information, other than the age or approximate age, of any minor who is
depicted in any child pornography shall not be admissible and may be
redacted from any otherwise admissible evidence, 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. 5. 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 (2)--
(A) by striking ``means actual'' and inserting the
following: ``means--
``(A) actual'';
(B) in subparagraphs (A), (B), (C), (D), and (E),
by indenting the left margin 2 ems to the right and
redesignating subparagraphs (A), (B), (C), (D), and (E)
as clauses (i), (ii), (iii), (iv), and (v),
respectively;
(C) in subparagraph (A)(v), as redesignated, by
inserting ``or'' after the semicolon; and
(D) by adding at the end the following:
``(B)(i) actual sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-
anal, whether between persons of the same or opposite
sex, or lascivious simulated sexual intercourse where
the genitals, breast, or pubic area of any person is
exhibited;
``(ii) actual or lascivious simulated--
``(I) bestiality;
``(II) masturbation; or
``(III) sadistic or masochistic abuse; or
``(iii) actual lascivious or simulated lascivious
exhibition of the genitals or pubic area of any
person;'';
(3) in paragraph (8)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) the production of such visual depiction
involves the use of an identifiable minor engaging in
sexually explicit conduct; or'';
(B) in subparagraph (C)--
(i) by inserting after ``is engaging in
sexually explicit conduct'' the following: ``,
except that the term `identifiable minor' as
used in this subparagraph shall not be
construed to include the portion of the
definition contained in paragraph (9)(B)''; and
(ii) by striking ``or'' at the end; and
(C) by striking subparagraph (D); and
(4) by striking paragraph (9), and inserting the following:
``(9) `identifiable minor'--
``(A)(i) means a person--
``(I)(aa) who was a minor at the time the
visual depiction was created, adapted, or
modified; or
``(bb) whose image as a minor was used in
creating, adapting, or modifying the visual
depiction; and
``(II) who is recognizable as an actual
person by the person's face, likeness, or other
distinguishing characteristic, such as a unique
birthmark or other recognizable feature; and
``(ii) shall not be construed to require proof of
the actual identity of the identifiable minor; or
``(B) means a computer image, computer generated
image, or digital image--
``(i) that is of, or is virtually
indistinguishable from that of, an actual
minor; and
``(ii) that depicts sexually explicit
conduct as defined in paragraph (2)(B); and
``(10) `virtually indistinguishable'--
``(A) means that the depiction is such that an
ordinary person viewing the depiction would conclude
that the depiction is of an actual minor; and
``(B) does not apply to depictions that are
drawings, cartoons, sculptures, diagrams, anatomical
models, or paintings depicting minors or adults or
reproductions of such depictions.''.
SEC. 6. OBSCENE VISUAL REPRESENTATIONS OF THE SEXUAL ABUSE OF CHILDREN.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2252A the following:
``Sec. 2252B. Obscene visual representations of the sexual abuse of
children
``(a) In General.--Any person who, in a circumstance described in
subsection (d), knowingly produces, distributes, receives, or possesses
with intent to distribute, a visual depiction of any kind, including a
drawing, cartoon, sculpture, or painting, that--
``(1)(A) depicts a minor engaging in sexually explicit
conduct; and
``(B) is obscene; or
``(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic 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
``(B) lacks serious literary, artistic, political, or
scientific value;
or attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(1), including the penalties provided for
cases involving a prior conviction.
``(b) Additional Offenses.--Any person who, in a circumstance
described in subsection (d), knowingly possesses a visual depiction of
any kind, including a drawing, cartoon, sculpture, or painting, that--
``(1)(A) depicts a minor engaging in sexually explicit
conduct; and
``(B) is obscene; or
``(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic 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
``(B) lacks serious literary, artistic, political, or
scientific value;
or attempts or conspires to do so, shall be subject to the penalties
provided in section 2252A(b)(2), including the penalties provided for
cases involving a prior conviction.
``(c) Nonrequired Element of Offense.--It is not a required element
of any offense under this section that the minor depicted actually
exist.
``(d) Circumstances.--The circumstance referred to in subsections
(a) and (b) is that--
``(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any communication involved in or made in furtherance
of the offense contemplates the transmission or transportation
of a visual depiction by the mail, or in interstate or foreign
commerce by any means, including by computer;
``(3) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(4) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.
``(e) Affirmative Defense.--It shall be an affirmative defense to a
charge of violating subsection (b) that the defendant--
``(1) possessed less than 3 such visual depictions; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any such visual depiction--
``(A) took reasonable steps to destroy each such
visual depiction; or
``(B) reported the matter to a law enforcement
agency and afforded that agency access to each such
visual depiction.
``(f) Definitions.--For purposes of this section--
``(1) the term `visual depiction' includes undeveloped film
and videotape, and data stored on a computer disk or by
electronic means which is capable of conversion into a visual
image, and also includes any photograph, film, video, picture,
digital image or picture, computer image or picture, or
computer generated image or picture, whether made or produced
by electronic, mechanical, or other means;
``(2) the term `sexually explicit conduct' has the meaning
given the term in section 2256(2); and
``(3) the term `graphic', when used with respect to a
depiction of sexually explicit conduct, means that a viewer can
observe any part of the genitals or pubic area of any depicted
person or animal during any part of the time that the sexually
explicit conduct is being depicted.''.
(b) Technical and Conforming Amendment.--The section analysis for
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252A the following:
``2252B. Obscene visual representations of the sexual abuse of
children.''.
(c) Sentencing Guidelines.--
(1) Category.--Except as provided in paragraph (2), the
applicable category of offense to be used in determining the
sentencing range referred to in section 3553(a)(4) of title 18,
United States Code, with respect to any person convicted under
section 2252B of such title, shall be the category of offenses
described in section 2G2.2 of the Sentencing Guidelines.
(2) Ranges.--The Sentencing Commission may promulgate
guidelines specifically governing offenses under section 2252B
of title 18, United States Code, if such guidelines do not
result in sentencing ranges that are lower than those that
would have applied under paragraph (1).
SEC. 7. 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, digital 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. 8. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED
INFORMATION.
Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13032) is amended--
(1) in subsection (b)(1), by inserting ``or a violation of
section 2252B of that title'' after ``of that title)'';
(2) in subsection (c), by inserting ``or pursuant to''
after ``to comply with'';
(3) by amending subsection (f)(1)(D) to read as follows:
``(D) where the report discloses a violation of
State criminal law, to an appropriate official of a
State or subdivision of a State for the purpose of
enforcing such State law.'';
(4) by redesignating paragraph (3) of subsection (b) as
paragraph (4); and
(5) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) In addition to forwarding such reports to those
agencies designated in subsection (b)(2), the National Center
for Missing and Exploited Children is authorized to forward any
such report to an appropriate official of a state or
subdivision of a state for the purpose of enforcing state
criminal law.''.
SEC. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. MISCELLANEOUS PROVISIONS.
(a) Appointment of Trial Attorneys.--
(1) In general.--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.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice such sums as
may be necessary to carry out this subsection.
(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. 15. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE
INVESTIGATION OF SEXUAL CRIMES AGAINST CHILDREN.
Section 2516(1)(c) of title 18, United States Code, is amended--
(1) by inserting ``section 1591 (sex trafficking of
children by force, fraud, or coercion),'' after ``section 1511
(obstruction of State or local law enforcement),''; and
(2) by inserting ``section 2251A (selling or buying of
children), section 2252A (relating to material constituting or
containing child pornography), section 2252B (relating to child
obscenity), section 2260 (production of sexually explicit
depictions of a minor for importation into the United States),
sections 2421, 2422, 2423, and 2425 (relating to transportation
for illegal sexual activity and related crimes),'' after
``sections 2251 and 2252 (sexual exploitation of children),''.
SEC. 16. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOGRAPHY.
Section 3486(a)(1)(C)(i) of title 18, United States Code, is
amended by striking ``the name, address'' and all that follows through
``subscriber or customer utilized,'' and inserting ``the information
specified in section 2703(c)(2)''.
SEC. 17. 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.
Passed the Senate February 24, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 151
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, with respect to the sexual
exploitation of children.