[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2140 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2140

     To enhance protection of children from sexual exploitation by 
 strengthening section 2257 of title 18, United States Code, requiring 
 producers of sexually explicit material to keep and permit inspection 
  of records regarding the age of performers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2005

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

_______________________________________________________________________

                                 A BILL


 
     To enhance protection of children from sexual exploitation by 
 strengthening section 2257 of title 18, United States Code, requiring 
 producers of sexually explicit material to keep and permit inspection 
  of records regarding the age of performers, 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 ``Protecting Children from Sexual 
Exploitation Act of 2005''.

SEC. 2. RECORD KEEPING OF DIGITAL IMAGES.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after ``videotape,'' 
        the following: ``digital image, digitally- or computer-
        manipulated image of an actual human being, picture,''; and
            (2) in subsection (f)(4), by inserting after ``video'' the 
        following: ``digital image, digitally- or computer-manipulated 
        image of an actual human being, picture,''.

SEC. 3. OTHER RECORD KEEPING REQUIREMENTS.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (f), by--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) for any person to whom subsection (a) applies to 
        refuse to permit the Attorney General or his or her designee to 
        conduct an inspection under subsection (c).''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) In this section--
            ``(1) the term `actual sexually explicit conduct' means 
        actual but not simulated conduct as defined in clauses (i) 
        through (v) of section 2256(2)(A) of this title;
            ``(2) the term `produces'--
                    ``(A) means--
                            ``(i) actually filming, videotaping, 
                        photographing, creating a picture, digital 
                        image, or digitally- or computer-manipulated 
                        image of an actual human being;
                            ``(ii) digitizing an image, of a visual 
                        depiction of sexually explicit conduct; or, 
                        assembling, manufacturing, publishing, 
                        duplicating, reproducing, or reissuing a book, 
                        magazine, periodical, film, videotape, digital 
                        image, or picture, or other matter intended for 
                        commercial distribution, that contains a visual 
                        depiction of sexually explicit conduct; or
                            ``(iii) inserting on a computer site or 
                        service a digital image of, or otherwise 
                        managing the sexually explicit content, of a 
                        computer site or service that contains a visual 
                        depiction of, sexually explicit conduct; and
                    ``(B) does not include activities that are limited 
                to--
                            ``(i) photo or film processing, including 
                        digitization of previously existing visual 
                        depictions, as part of a commercial enterprise, 
                        with no other commercial interest in the 
                        sexually explicit material, printing, and video 
                        duplication;
                            ``(ii) distribution;
                            ``(iii) any activity, other than those 
                        activities identified in subparagraph (A), that 
                        does not involve the hiring, contracting for, 
                        managing, or otherwise arranging for the 
                        participation of the depicted performers;
                            ``(iv) the provision of web-hosting 
                        services when the provider does not, and 
                        reasonably cannot, manage the sexually explicit 
                        content of the computer site or service; or
                            ``(v) the provision of an electronic 
                        communication service or remote computing 
                        service when the provider does not, and 
                        reasonably cannot, manage the sexually explicit 
                        content of the computer site or service; and
            ``(3) the term `performer' includes any person portrayed in 
        a visual depiction engaging in, or assisting another person to 
        engage in, actual sexually explicit conduct.''.

SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended by inserting after section 2257 the following:
``Sec. 2257A. Record keeping requirements for simulated sexual conduct
    ``(a) Whoever produces any book, magazine, periodical, film, 
videotape, or other matter that--
            ``(1) contains one or more visual depictions of simulated 
        sexually explicit conduct; and
            ``(2) is produced in whole or in part with materials which 
        have been mailed or shipped in interstate or foreign commerce, 
        or is shipped or transported or is intended for shipment or 
        transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining 
to every performer portrayed in such a visual depiction.
    ``(b) Any person to whom subsection (a) applies shall, with respect 
to every performer portrayed in a visual depiction of simulated 
sexually explicit conduct--
            ``(1) ascertain, by examination of an identification 
        document containing such information, the performer's name and 
        date of birth, and require the performer to provide such other 
        indicia of his or her identity as may be prescribed by 
        regulations;
            ``(2) ascertain any name, other than the performer's 
        present and correct name, ever used by the performer including 
        maiden name, alias, nickname, stage, or professional name; and
            ``(3) record in the records required by subsection (a) the 
        information required by paragraphs (1) and (2) and such other 
        identifying information as may be prescribed by regulation.
    ``(c) Any person to whom subsection (a) applies shall maintain the 
records required by this section at their business premises, or at such 
other place as the Attorney General may by regulation prescribe and 
shall make such records available to the Attorney General for 
inspection at all reasonable times.
    ``(d)(1) No information or evidence obtained from records required 
to be created or maintained by this section shall, except as provided 
in this section, directly or indirectly, be used as evidence against 
any person with respect to any violation of law.
    ``(2) Paragraph (1) shall not preclude the use of such information 
or evidence in a prosecution or other action for a violation of this 
chapter or chapter 71, or for a violation of any applicable provision 
of law with respect to the furnishing of false information.
    ``(e)(1) Any person to whom subsection (a) applies shall cause to 
be affixed to every copy of any matter described in subsection (a)(1) 
in such manner and in such form as the Attorney General shall by 
regulations prescribe, a statement describing where the records 
required by this section with respect to all performers depicted in 
that copy of the matter may be located.
    ``(2) If the person to whom subsection (a) applies is an 
organization the statement required by this subsection shall include 
the name, title, and business address of the individual employed by 
such organization responsible for maintaining the records required by 
this section.
    ``(f) It shall be unlawful--
            ``(1) for any person to whom subsection (a) applies to fail 
        to create or maintain the records as required by subsections 
        (a) and (c) or by any regulation promulgated under this 
        section;
            ``(2) for any person to whom subsection (a) applies 
        knowingly to make any false entry in or knowingly to fail to 
        make an appropriate entry in, any record required by subsection 
        (b) or any regulation promulgated under this section;
            ``(3) for any person to whom subsection (a) applies 
        knowingly to fail to comply with the provisions of subsection 
        (e) or any regulation promulgated pursuant to that subsection; 
        or
            ``(4) for any person knowingly to sell or otherwise 
        transfer, or offer for sale or transfer, any book, magazine, 
        periodical, film, video, or other matter, produced in whole or 
        in part with materials which have been mailed or shipped in 
        interstate or foreign commerce or which is intended for 
        shipment in interstate or foreign commerce, that--
                    ``(A) contains one or more visual depictions made 
                after the date of enactment of this subsection of 
                simulated sexually explicit conduct; and
                    ``(B) is produced in whole or in part with 
                materials which have been mailed or shipped in 
                interstate or foreign commerce, or is shipped or 
                transported or is intended for shipment or 
                transportation in interstate or foreign commerce;
        which does not have affixed thereto, in a manner prescribed as 
        set forth in subsection (e)(1), a statement describing where 
        the records required by this section may be located, but such 
        person shall have no duty to determine the accuracy of the 
        contents of the statement or the records required to be kept; 
        and
            ``(5) for any person to whom subsection (a) applies to 
        refuse to permit the Attorney General or his or her designee to 
        conduct an inspection under subsection (c).
    ``(g) As used in this section, the terms `simulated sexually 
explicit conduct', `produces', and `performer' have the same meaning as 
in section 2257(h) of this title.
    ``(h)(1) Whoever violates this section shall be imprisoned for not 
more than 1 year, and fined in accordance with the provisions of this 
title, or both.
    ``(2) Whoever violates this section in an effort to conceal a 
substantive offense involving the causing, transporting, permitting or 
offering or seeking by notice or advertisement, a minor to engage in 
sexually explicit conduct for the purpose of producing a visual 
depiction of such conduct in violation of this title, or to conceal a 
substantive offense that involved trafficking in material involving the 
sexual exploitation of a minor, including receiving, transporting, 
advertising, or possessing material involving the sexual exploitation 
of a minor with intent to traffic, in violation of this title, shall be 
imprisoned for not more than 5 years and fined in accordance with the 
provisions of this title, or both.
    ``(3) Whoever violates paragraph (2) after having been previously 
convicted of a violation punishable under that paragraph shall be 
imprisoned for any period of years not more than 10 years but not less 
than 2 years, and fined in accordance with the provisions of this 
title, or both.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 110 of 
title 18, United States Code, is amended by inserting after the item 
for section 2257 the following:

        ``2257A. Record keeping requirements for simulated sexual 
                            conduct.''.
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