Short title

This Act may be cited as the

Stop Child Pornographers and Predators Act

Prohibition of obscenity depicting young children

Chapter 71 of title 18, United States Code, is amended— (1)by inserting after section 1466 the following:

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.

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:

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.

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.

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).