[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 404 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 404

   To protect children from exploitive child modeling, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2003

 Mr. Bunning (for himself and Mr. Brownback) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To protect children from exploitive child modeling, 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 Modeling Exploitation 
Prevention Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The use of children in the production of exploitive 
        child modeling, including on Internet websites, in photographs, 
        films, videos, and other visual depictions, is a form of child 
        abuse that can result in physical and psychological harm to the 
        children involved.
            (2) Exploitive child modeling is different from other, 
        legitimate, child modeling because exploitive child modeling 
        involves marketing the child himself or herself in lascivious 
        positions and acts, rather than actually marketing products to 
        average American consumers.
            (3) The purpose of exploitive child modeling is to satisfy 
        the demand of pedophiles.
            (4) Unlike legitimate child modeling, exploitive child 
        modeling may involve a direct and personal interaction between 
        the child model and the pedophile. The pedophile often knows 
        the child's name and has a way of communicating with the child.
            (5) The interaction between the exploited child model and 
        the pedophile can lead the child to trust pedophiles and to 
        believe that it is acceptable and safe to meet with pedophiles 
        in private.
            (6) Over 70 percent of convicted pedophiles have used child 
        pornography or exploitive child modeling depictions to whet 
        their sexual appetites. Because children are used in its 
        production, exploitive child modeling can place the child in 
        danger of being abducted, abused, or murdered by the pedophiles 
        who view such depictions.
            (7) These exploitive exhibitions of children are 
        unacceptable by social standards and lead to a direct harm to 
        the children involved.

SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING.

    (a) Prohibition on Employment.--Section 12 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end 
the following:
    ``(e)(1) No employer may employ a child model in exploitive child 
modeling.
    ``(2) Notwithstanding section 16(a), whoever violates paragraph (1) 
shall be fined under title 18 or imprisoned not more than 10 years, or 
both.
    ``(3)(A) In this subsection, the term `exploitive child modeling' 
means modeling involving the use of a child under 17 years old for 
financial gain without the purpose of marketing a product or service 
other than the image of the child.
    ``(B) Such term applies to any such use, regardless of whether the 
employment relationship of the child is direct or indirect, or 
contractual or noncontractual, or is termed that of an independent 
contractor.
    ``(C) Such term does not apply to an image which, taken as a whole, 
has serious literary, artistic, political, or scientific value.''.
    (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C. 
203(l)) is amended--
            (1) by striking ``(1) any'' and inserting ``(A) any'';
            (2) by striking ``(2) any'' and inserting ``(B) any'';
            (3) by inserting ``(1)'' after ``(l)''; and
            (4) by adding at the end the following new paragraph:
    ``(2) Such term includes employment of a minor in violation of 
section 12(e)(1).''.

SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE.

    (a) In General.--110 of title 18, United States Code, is amended by 
inserting after section 2252A the following:
``Sec. 2252B. Exploitive child modeling
    ``(a) In General.--Except as provided in subsection (b), whoever, 
in or affecting interstate or foreign commerce, with the intent to make 
a financial gain thereby--displays or offers to provide the image of an 
individual engaged in exploitive child modeling (as defined in section 
12(e) of the Fair Labor Standards Act of 1938) shall be fined under 
this title or imprisoned not more than 10 years, or both.
    ``(b) Exception.--This section does not apply to an image which, 
taken as a whole, has serious literary, artistic, political, or 
scientific value.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by inserting 
after the item relating to section 2252A the following:

``2252B. Exploitive child modeling.''.
                                 <all>