[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5944 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5944

  To amend title 18, United States Code, to protect our children from 
                          child pornographers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

  Mr. Nadler introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to protect our children from 
                          child pornographers.

    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 ``Stop Child Pornographers and 
Predators Act''.

SEC. 2. PROHIBITION OF OBSCENITY DEPICTING YOUNG CHILDREN.

    Chapter 71 of title 18, United States Code, is amended--
            (1) by inserting after section 1466 the following:
``Sec. 1466A. Obscene visual depictions of young children
    ``(a) Whoever, in a circumstance described in subsection (d), 
knowingly produces, distributes, receives, or possesses with intent to 
distribute a visual depiction that is that of a pre-pubescent child 
engaging in sexually explicit conduct, or attempts or conspires to do 
so, shall be subject to the penalties set forth in section 2252A(b)(1), 
including the penalties provided for cases involving a prior 
conviction.
    ``(b) Whoever, in a circumstance described in subsection (d), 
knowingly possesses a visual depiction that is that of a pre-pubescent 
child engaging in sexually explicit conduct, or attempts or conspires 
to do so, shall be subject to the penalties set forth in section 
2252A(b)(2), including the penalties provided for cases involving a 
prior conviction.
    ``(c) For purposes of this section--
            ``(1) the term `visual depiction' includes undeveloped film 
        and videotape, and data stored on computer disk or by 
        electronic means which is capable of conversion into a visual 
        image, and also includes any photograph, film, video, or 
        picture, whether made or produced by electronic, mechanical, or 
        other means;
            ``(2) the term `pre-pubescent child' means that (A) the 
        child, as depicted, is one whose physical development indicates 
        the child is 12 years of age or younger; or (B) the child, as 
        depicted, does not exhibit significant pubescent physical or 
        sexual maturation; and
            ``(3) the term `sexually explicit conduct' has the meaning 
        set forth in section 2256(2).
    ``(d) 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 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;
            ``(3) 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
            ``(4) 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) In a case under subsection (b), it is an affirmative defense 
that the defendant--
            ``(1) possessed less than three such images; and
            ``(2) promptly and in good faith, and without retaining or 
        allowing any person, other than a law enforcement agency, to 
        access any image or copy thereof--
                    ``(A) took reasonable steps to destroy each such 
                image; or
                    ``(B) reported the matter to a law enforcement 
                agency and afforded that agency access to each such 
                image.''.

SEC. 3. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES AGAINST 
              MINORS.

    Chapter 71 of title 18, United States Code, is amended--
            (1) by inserting at the end the following:
``Sec. 1471. Use of obscene material or child pornography to facilitate 
              offenses against minors
    ``(a) Whoever, in any circumstance described in subsection (c), 
knowingly and with the intention to facilitate a sexual offense against 
a minor--
            ``(1) provides or shows to a person below the age of 16 
        years any visual depiction that is of a pre-pubescent child 
        engaging in sexually explicit conduct, any obscene matter, or 
        any child pornography; or
            ``(2) provides or shows any obscene matter or child 
        pornography, or any visual depiction that is that of a pre-
        pubescent child engaging in sexually explicit conduct, or any 
        other material assistance to any person in connection with any 
        conduct, or any attempt, incitement, solicitation, or 
        conspiracy to engage in any conduct, that involves a minor and 
        that violates chapter 109A, 110, or 117, or that would violate 
        chapter 109A if the conduct occurred in the special maritime 
        and territorial jurisdiction of the United States,
shall be subject to the penalties set forth in section 2252A(b)(1), 
including the penalties provided for cases involving a prior 
conviction.
    ``(b) For purposes of this section--
            ``(1) the term `child pornography' has the meaning set 
        forth in section 2256(8);
            ``(2) the terms `visual depiction' and `pre-pubescent 
        child' have the meanings respectively set forth for those terms 
        in section 1466A(c); and
            ``(3) the term `sexually explicit conduct' has the meaning 
        set forth in section 2256(2).
    ``(c) The circumstance referred to in subsection (a) 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 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;
            ``(3) any visual depiction or obscene matter 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
            ``(4) 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.''; and
            (2) in the table of chapters at the beginning of the 
        chapter, by inserting at the end the following:

``1471. Use of obscene material or child pornography to facilitate 
                            offenses against minors.''.

SEC. 4. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR 
              DISTRIBUTION IN THE UNITED STATES.

    Section 2251 is amended--
            (1) by striking ``subsection (d)'' each place it appears in 
        subsections (a), (b), and (c) and inserting ``subsection (e)'';
            (2) by redesignating subsections (c) and (d), respectively, 
        as subsections (d) and (e); and
            (3) by inserting after subsection (b) a new subsection (c) 
        as follows:
    ``(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 
possessions and Territories, 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 
        the person transports such visual depiction to, or otherwise 
        makes it available within, the United States, its possessions, 
        or territories, by any means including by computer or mail.''.

SEC. 5. IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST CHILDREN.

    Section 3559 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Up to Life Imprisonment for Repeated Sex Offenses Against 
Children.--
            ``(1) In general.--A person who is convicted of a Federal 
        sex offense in which a minor is the victim shall be sentenced 
        to up to life imprisonment if the person has a prior sex 
        conviction in which a minor was the victim.
            ``(2) Definitions.--For the purposes of this subsection--
                    ``(A) the term `Federal sex offense' means--
                            ``(i) an offense under section 1466A 
                        (obscene visual depictions of young children), 
                        1471 (use of obscene material or child 
                        pornography to facilitate offense against a 
                        child), 2241 (relating to aggravated sexual 
                        abuse), 2242 (relating to sexual abuse), 
                        2243(a) (relating to sexual abuse of a minor), 
                        2244(a)(1) or (2) (relating to abusive sexual 
                        contact), 2245 (relating to sexual abuse 
                        resulting in death), 2251 (extraterrestrial 
                        production of child pornography), or 2251A 
                        (relating to selling or buying of children); or
                            ``(ii) an offense under section 2423(a) 
                        (relating to transportation of minors) 
                        involving prostitution or sexual activity 
                        constituting a State sex offense;
                    ``(B) the term `State sex offense' means an offense 
                under State law that consists of conduct that would be 
                a Federal sex offense if, to the extent or in the 
                manner specified in the applicable provision of this 
                title--
                            ``(i) the offense involved interstate or 
                        foreign commerce, or the use of the mails; or
                            ``(ii) the conduct occurred in any 
                        commonwealth, territory, or possession of the 
                        United States, within the special maritime and 
                        territorial jurisdiction of the United States, 
                        in a Federal prison, on any land or building 
                        owned by, leased to, or otherwise used by or 
                        under the control of the Government of the 
                        United States, or in the Indian country (as 
                        defined in section 1151);
                    ``(C) the term `prior sex conviction' means a 
                conviction for which the sentence was imposed before 
                the conduct occurred constituting the subsequent 
                Federal sex offense, and which was for a Federal sex 
                offense or a State sex offense;
                    ``(D) the term `minor' means an individual who has 
                not attained the age of 17 years; and
                    ``(E) the term `State' has the meaning given that 
                term in subsection (c)(2).''.
                                 <all>