[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3499 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3499

     To amend title 18, United States Code, to protect youth from 
   exploitation by adults using the Internet, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2006

    Mr. Kyl (for himself, Mr. Grassley, Mr. DeWine, Mr. Cornyn, Mr. 
    Brownback, Ms. Snowe, Mr. Burns, Mrs. Hutchison, and Mr. Allen) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, to protect youth from 
   exploitation by adults using the Internet, 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 ``Internet Safety (Stop Adults 
Facilitating the Exploitation of Youth) Act of 2006''.

SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.

    (a) Offense.--Chapter 95 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
    ``Whoever knowingly conducts, or attempts or conspires to conduct, 
a financial transaction (as defined in section 1956(c)) in or affecting 
interstate or foreign commerce, knowing that such transaction will 
facilitate access to, or the possession of, child pornography (as 
defined in section 2256) shall be fined under this title or imprisoned 
not more than 10 years, or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 95 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1960A. Financial facilitation of access to child pornography.''.

SEC. 3. CHILD SEXUAL EXPLOITATION ENTERPRISES.

    Section 2252A of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Child Pornography Enterprises.--
            ``(1) Whoever engages in a child pornography enterprise 
        shall be fined under this title and imprisoned for any term of 
        years not less than 10 or for life. The sentence imposed under 
        this subsection shall be consecutive to any other sentence 
        imposed in relation to the conduct punished under this 
        subsection.
            ``(2) A person engages in a child pornography enterprise 
        for the purposes of this section if the person violates any 
        provision of chapter 110 or 117, or section 1201, 1466A, 1470, 
        or 1591, as a part of a series of felony violations 
        constituting 2 or more separate incidents and commits those 
        offenses in concert with 3 or more other persons.''.

SEC. 4. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.

    (a) Offense.--Chapter 110 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2260A. Increased penalties for registered sex offenders
    ``Whoever, being required by Federal or other law to register as a 
sex offender, commits a felony offense involving a child under another 
provision of this chapter or a provision of chapter 117, or under 
section 1201, 1466A, 1470, or 1591, shall be fined under this title and 
imprisoned 10 years in addition to the imprisonment imposed for the 
offense under that provision. The sentence imposed under this section 
shall be consecutive to any sentence imposed for the offense under that 
provision.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by adding at 
the end the following new item:

``2260A. Increased penalties for registered sex offenders.''.

SEC. 5. INCREASED PENALTIES FOR CHILD PORNOGRAPHY AND RELATED OFFENSES.

    (a) Sexual Exploitation of Children.--Section 2251(e) of title 18, 
United States Code, is amended--
            (1) by inserting ``section 1591,'' before ``this chapter,'' 
        the first place such term appears;
            (2) by striking ``the sexual exploitation of children'' the 
        first place it appears and inserting ``aggravated sexual abuse, 
        sexual abuse, abusive sexual contact involving a minor or ward, 
        sex trafficking of children, or the production, possession, 
        receipt, mailing, sale, distribution, shipment, or 
        transportation of child pornography'';
            (3) by striking ``15 years nor more than 30 years'' and 
        inserting ``20 years or for life'';
            (4) by striking ``not less than 25 years nor more than 50 
        years,'' and all that follows through ``not less than 35 years 
        nor more than life.'' and inserting ``life.''; and
            (5) by striking ``any term of years or for life'' and 
        inserting ``not less than 30 years or for life.''.
    (b) Activities Relating to Material Involving the Sexual 
Exploitation of Children.--Section 2252(b) of title 18, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``paragraphs (1)'' and inserting 
                ``paragraph (1)'';
                    (B) by inserting ``section 1591,'' before ``this 
                chapter,'';
                    (C) by inserting ``, or sex trafficking of 
                children'' after ``child pornography'';
                    (D) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (E) by striking ``not less than 15 years nor more 
                than 40 years.'' and inserting ``life.''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years''; and
                    (B) by striking ``10 years nor more than 20 
                years.'' and inserting ``20 years or for life.''.
    (c) Activities Relating to Material Constituting or Containing 
Child Pornography.--Section 2252A(b) of title 18, United States Code, 
is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``section 1591,'' before ``this 
                chapter,'';
                    (B) by inserting ``, or sex trafficking of 
                children'' after ``child pornography'';
                    (C) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (D) by striking ``not less than 15 years nor more 
                than 40 years'' and inserting ``life''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years''; and
                    (B) by striking ``10 years nor more than 20 years'' 
                and inserting ``20 years or for life''.
    (d) Using Misleading Domain Names To Direct Children to Harmful 
Material on the Internet.--Section 2252B(b) of title 18, United States 
Code, is amended by striking ``or imprisoned not more than 4 years, or 
both'' and inserting ``and imprisoned for not less than 5 years nor 
more than 20 years''.
    (e) Extraterritorial Child Pornography Offenses.--Section 2260(c) 
of title 18, United States Code, is amended to read as follows:
    ``(c) Penalties.--
            ``(1) Use of minor.--A person who violates subsection (a), 
        or attempts or conspires to do so, shall be subject to the 
        penalties provided in subsection (e) of section 2251 for a 
        violation of that section, including the penalties provided for 
        such a violation by a person with a prior conviction or 
        convictions, as described in that subsection.
            ``(2) Use of visual depiction.--A person who violates 
        subsection (b), or attempts or conspires to do so, shall be 
        subject to the penalties provided in subsection (b)(1) of 
        section 2252 for a violation of paragraph (1), (2), or (3) of 
        subsection (a) of that section, including the penalties 
        provided for such a violation by a person with a prior 
        conviction or convictions, as described in subsection (b)(1) of 
        section 2252.''.

SEC. 6. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND OBSCENITY.

    (a) Child Pornography Reporting.--Section 227(b)(4) of the Victims 
of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read 
as follows:
            ``(4) Failure to report.--
                    ``(A) Knowing and willful failure.--A provider of 
                electronic communication services or remote computing 
                services described in paragraph (1) who knowingly and 
                willfully fails to make a report under that paragraph 
                shall be fined--
                            ``(i) in the case of an initial failure to 
                        make a report, not more than $150,000; and
                            ``(ii) in the case of any second or 
                        subsequent failure to make a report, not more 
                        than $300,000.
                    ``(B) Negligent failure.--A provider of electronic 
                communication services or remote computing services 
                described in paragraph (1) who negligently fails to 
                make a report under that paragraph shall be subject to 
                a civil penalty of--
                            ``(i) in the case of an initial failure to 
                        make a report, not more than $50,000; and
                            ``(ii) in the case of any second or 
                        subsequent failure to make a report, not more 
                        than $100,000.
                    ``(C) Authority.--For the purposes of this 
                paragraph, the Federal Communications Commission--
                            ``(i) may levy civil penalties under 
                        subparagraph (B); and
                            ``(ii) shall promulgate regulations, in 
                        consultation with the Attorney General, to--
                                    ``(I) effectuate the purposes of 
                                subparagraph (B); and
                                    ``(II) provide for appropriate 
                                administrative review of any civil 
                                penalties levied under that 
                                subparagraph.''.
    (b) Deception by Embedded Words or Images.--
            (1) In general.--Chapter 110 of title 18, United States 
        Code, is amended by inserting after section 225B the following:
``Sec. 2252C. Misleading words or digital images on the Internet
    ``(a) In General.--Whoever knowingly embeds words or digital images 
into the source code of a website with the intent to deceive a person 
into viewing material constituting obscenity shall be fined under this 
title and imprisoned for not less than 2 years nor more than 10 years.
    ``(b) Minors.--Whoever knowingly embeds words or digital images 
into the source code of a website with the intent to deceive a minor 
into viewing material harmful to minors on the Internet shall be fined 
under this title and imprisoned for not less than 5 years nor more than 
20 years.
    ``(c) Construction.--For the purposes of this section, a word or 
digital image that clearly indicates the sexual content of the site, 
such as `sex' or `porn', is not misleading.
    ``(d) Definitions.--In this section--
            ``(1) the terms `material that is harmful to minors' and 
        `sex' have the meaning given such terms in section 2252B; and
            ``(2) the term `source code' means the combination of text 
        and other characters comprising the content, both viewable and 
        nonviewable, of a web page, including any website publishing 
        language, programming language, protocol or functional content, 
        as well as any successor languages or protocols.''.
            (2) Table of sections.--The table of sections for chapter 
        110 of title 18, United States Code, is amended by inserting 
        after the item relating to section 2252B the following:

``Sec. 2252C. Misleading words or digital images on the Internet.''.

SEC. 7. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES 
              CONTAINING SEXUALLY EXPLICIT MATERIAL.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal Trade 
        Commission;
            (2) the term ``website'' means any collection of material 
        placed in a computer server-based file archive so that it is 
        publicly accessible, over the Internet, using hypertext 
        transfer protocol or any successor protocol except that the 
        term does not include any collection of material where access 
        to sexually explicit material is restricted to a specific set 
        of individuals through the provision of a password or through 
        another access restriction mechanism;
            (3) the term ``sexually explicit material'' means any 
        material that depicts sexually explicit conduct (as that term 
        is defined in subsection (2)(A) of section 2256 of title 18, 
        United States Code), unless the depiction constitutes a small 
        and insignificant part of the whole, the remainder of which is 
        not primarily devoted to sexual matters;
            (4) the term ``Internet'' means the combination of computer 
        facilities and electromagnetic transmission media, and related 
        equipment and software, comprising the interconnected worldwide 
        network of computer networks that employ the Transmission 
        Control Protocol/Internet Protocol or any successor protocol to 
        transmit information; and
            (5) the term ``Internet access service''--
                    (A) means a service that enables users to access 
                content, information, electronic mail, or other 
                services offered over the Internet, and may also 
                include access to proprietary content, information, and 
                other services as part of a package of services offered 
                to consumers; and
                    (B) does not include telecommunications services.
    (b) Labeling Requirement.--Except as provided in subsection (d), no 
person who operates a website that is primarily operated for commercial 
purposes, in or affecting interstate or foreign commerce, may 
knowingly, and with knowledge of the character of the material, place 
on that website sexually explicit material, and fail--
            (1) to include on each page of the website that contains 
        sexually explicit material, the marks and notices prescribed by 
        the Commission under subsection (c); or
            (2) to ensure that the matter on the website that is 
        initially viewable, absent any further actions by the viewer, 
        does not include any sexually explicit material.
    (c) Prescription of Marks and Notices.--Not later than 90 days 
after the date of enactment of this Act, the Commission shall, in 
consultation with the Attorney General, establish by regulation clearly 
identifiable marks or notices to be included in the code, if 
technologically feasible, or if not feasible on the pages, of websites 
that contain sexually explicit material in order to inform the viewer 
of that fact and to facilitate the filtering of such pages.
    (d) Inapplicability to Carriers and Other Service Providers.--This 
section shall not apply to a person, to the extent that such person 
is--
            (1) a telecommunications carrier engaged in the provision 
        of a telecommunications service;
            (2) a person engaged in the business of providing an 
        Internet access service; or
            (3) similarly engaged in the transmission, storage, 
        retrieval, hosting, formatting, or translation (or any 
        combination thereof) of a communication made by another person, 
        without selection or alteration of the content of the 
        communication, and such person's deletion of a particular 
        communication or material made by another person in a manner 
        consistent with any applicable law or regulation shall not 
        constitute selection or alteration of the content of the 
        communication.
    (e) Penalties.--Whoever violates subsection (b) shall be fined 
under title 18, United States Code, imprisoned not more than 15 years, 
or both.

SEC. 8. RICO PREDICATES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``1466A (relating to obscene visual 
        representation of the abuse of children),'' after ``sections 
        1461-1465 (relating to obscene matter),'';
            (2) by inserting ``2252A (relating to child pornography),'' 
        before ``sections 2312''; and
            (3) by inserting ``1960A,'' before ``2251''.

SEC. 9. MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 1037 (relating to fraud and related activity in 
connection with electronic mail),'' before ``section 1111''.

SEC. 10. MASHA'S LAW.

    Section 2255 of title 18, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Any person who is a victim of a violation of section 2241(c), 
2242, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 may in a 
civil action obtain appropriate relief, including damages of not less 
than $250,000.''; and
            (2) in subsection (b) by striking ``first''.

SEC. 11. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND SEXUAL 
              ABUSE.

    (a) Child Prostitution and Sex Trafficking Offenses.--
            (1) In general.--Section 2423 of title 18, United States 
        Code, is amended--
                    (A) in subsection (a), by striking ``5 years and 
                not more than 30 years'' and inserting ``15 years or 
                for life'';
                    (B) in subsections (b) and (c), by striking ``or 
                imprisoned not more than 30 years, or both.'' and 
                inserting ``and imprisoned for not less than 10 years 
                (unless the offense is based only on conduct that would 
                be in violation of sections 2243(a) or 2244) nor more 
                than 30 years.''; and
                    (C) in subsection (d), by striking ``, imprisoned 
                not more than 30 years, or both'' and inserting ``and 
                imprisoned for not less than 10 years nor more than 30 
                years''.
            (2) Penalties for coercion and enticement by sex 
        offenders.--Section 2422 of title 18, United States Code, is 
        amended--
                    (A) in subsection (a), by striking ``or imprisoned 
                not more than 20 years, or both'' and inserting ``and 
                imprisoned not less than 10 years nor more than 30 
                years''; and
                    (B) in subsection (b), by striking ``5 years and 
                not more than 30 years'' and inserting ``15 years or 
                for life''.
            (3) Mandatory penalties for sex-trafficking of children.--
        Section 1591(b) of title 18, United States Code, is amended--
                    (A) in paragraph (1) by striking ``or imprisonment 
                for any term of years or for life, or both'' and 
                inserting ``and imprisonment for any term of years not 
                less than 25 or for life''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or imprisonment for not'' 
                        and inserting ``and imprisonment for not less 
                        than 15 years nor''; and
                            (ii) by striking ``, or both''.
    (b) Sexual Abuse of Children.--
            (1) Sexual abuse of children resulting in death.--Section 
        2245 of title 18, United States Code, is amended--
                    (A) by inserting ``, chapter 110, chapter 117, or 
                section 1591'' after ``this chapter'';
                    (B) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (C) by adding at the end the following:
    ``(b) Offenses Involving Children.--A person who, in the course of 
an offense under this chapter, chapter 110, chapter 117, or section 
1591 engages in conduct that results in the death of a person who has 
not attained the age of 18 years, shall be punished by death or 
imprisoned for not less than 30 years or for life.''.
            (2) Mandatory life imprisonment for certain repeated sex 
        offenses against children.--Section 3559(e)(2)(A) of title 18, 
        United States Code, is amended--
                    (A) by striking ``or 2423(a)'' and inserting 
                ``2423(a)''; and
                    (B) by inserting ``, 2423(b) (relating to travel 
                with intent to engage in illicit sexual conduct), 
                2423(c) (relating to illicit sexual conduct in foreign 
                places), or 2425 (relating to use of interstate 
                facilities to transmit information about a minor)'' 
                after ``minors)''.
            (3) Child abuse reporting.--Section 2258 of title 18, 
        United States Code, is amended by striking ``Class B 
        misdemeanor'' and inserting ``Class A misdemeanor''.
    (c) Increased Penalties for Sexual Abuse.--
            (1) Aggravated sexual abuse.--Section 2241 of title 18, 
        United States Code, is amended--
                    (A) in subsection (a), by striking ``, imprisoned 
                for any term of years or life, or both'' and inserting 
                ``and imprisoned for any term of years not less than 15 
                or for life'';
                    (B) in subsection (b), by striking ``, imprisoned 
                for any term of years or life, or both'' and inserting 
                ``and imprisoned for any term of years not less than 10 
                or for life''; and
                    (C) in subsection (c), in the first sentence, by 
                striking ``, imprisoned for any term of years or life, 
                or both.'' and inserting ``and imprisoned for not less 
                than 20 years or for life.''.
            (2) Sexual abuse.--Section 2242 of title 18, United States 
        Code, is amended by striking ``, imprisoned not more than 20 
        years, or both'' and inserting ``and imprisoned not less than 
        10 years nor more than 30 years''.
            (3) Abusive sexual contact.--Section 2244 of title 18, 
        United States Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``, 
                        imprisoned not more than ten years, or both'' 
                        and inserting ``and imprisoned for not less 
                        than 3 years nor more than 15 years'';
                            (ii) in paragraph (2), by striking ``, 
                        imprisoned for not more than three years, or 
                        both'' and inserting ``and imprisoned for not 
                        less than 2 years nor more than 10 years'';
                            (iii) in paragraph (3), by striking ``two 
                        years'' and inserting ``10 years''; and
                            (iv) in paragraph (4), by striking ``two 
                        years'' and inserting ``10 years''; and
                    (B) in subsection (c) by striking ``maximum''.
            (4) Sexual abuse of wards.--Chapter 109A of title 18, 
        United States Code, is amended--
                    (A) in section 2243(b), by striking ``, imprisoned 
                not more than five years, or both'' and inserting ``and 
                imprisoned for not less than 5 years nor more than 15 
                years''; and
                    (B) by inserting a comma after ``Attorney General'' 
                each place such term appears.
            (5) No limitation for prosecution of felony sex offenses.--
                    (A) In general.--Chapter 213 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 3299. Child abduction and sex offenses
    ``Notwithstanding any other provision of law, an indictment may be 
found or an information instituted at any time without limitation for 
any offense under section 1201 involving a minor victim, and for any 
felony under chapter 109A, 110, or 117, or section 1591.''.
                    (B) Table of sections.--The table of sections for 
                chapter 213 of title 18, United States Code, is amended 
                by adding after the item relating to section 3298 the 
                following:

``3299.  Child abduction and sex offenses.''.

SEC. 12. OFFICE ON SEXUAL VIOLENCE AND CRIMES AGAINST CHILDREN.

    (a) Establishment.--There is established within the Department of 
Justice, under the general authority of the Attorney General, an Office 
on Sexual Violence and Crimes against Children (in this section 
referred to as the ``Office'').
    (b) Director.--
            (1) In general.--The Office shall be headed by a Director 
        who shall be appointed by the President. The Director shall 
        report to the Attorney General through the Assistant Attorney 
        General for the Office of Justice Programs and shall have final 
        authority for all grants, cooperative agreements, and contracts 
        awarded by the Office.
            (2) Limits on other activities.--The Director shall not 
        engage in any employment other than that of serving as the 
        Director, nor shall the Director hold any office in, or act in 
        any capacity for, any organization, agency, or institution with 
        which the Office makes any contract or other arrangement.
    (c) Duties and Functions.--The Office is authorized to--
            (1) administer the sex offender registration and 
        notification program under Federal law;
            (2) administer grant programs authorized by this Act;
            (3) cooperate with and provide technical assistance to 
        States, units of local government, tribal governments, and 
        other public and private entities involved in activities 
        related to sex offender registration or notification or to 
        other measures for the protection of children or other members 
        of the public from sexual abuse or exploitation; and
            (4) perform such other functions as the Attorney General 
        may delegate.

SEC. 13. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL 
              EXPLOITATION OF CHILDREN.

    (a) Definition.--In this section, the term ``offenses relating to 
the sexual exploitation of children'' shall include any offense 
committed in violation of--
            (1) chapter 71 of title 18, United States Code, involving 
        an obscene visual depiction of a minor, or transfer of obscene 
        materials to a minor;
            (2) chapter 109A of title 18, United States Code, involving 
        a sexual act or sexual contact with a minor, or sexual abuse of 
        a minor;
            (3) chapter 110 of title 18, United States Code;
            (4) chapter 117 of title 18, United States Code; and
            (5) section 1591 of title 18, United States Code.
    (b) Additional Prosecutors.--In fiscal year 2007, the Attorney 
General shall, subject to the availability of appropriations for such 
purpose, increase by not less than 200 the number of attorneys in 
United States Attorneys' Offices. The additional attorneys shall be 
assigned to prosecute offenses relating to the sexual exploitation of 
children.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice for fiscal year 2007 such 
sums as may be necessary to carry out this section.

SEC. 14. ADDITIONAL ICAC TASK FORCES.

    (a) Additional Task Forces.--In fiscal year 2007, the Administrator 
of the Office of Juvenile Justice and Delinquency Prevention shall, 
subject to the availability of appropriations for such purpose, 
increase by not less than 20 the number of Internet Crimes Against 
Children Task Forces that are part of the Internet Crimes Against 
Children Task Force Program authorized and funded under title IV of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 
et seq.).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator of the Office of Juvenile Justice and 
Delinquency Prevention for fiscal year 2007 such sums as may be 
necessary to carry out this section.

SEC. 15. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION PROGRAMS.

    (a) Definition of State.--In this section, the term ``State'' means 
any State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, 
and the Northern Mariana Islands.
    (b) Grants.--The Attorney General shall, subject the availability 
of appropriations, make grants to States, units of local government, 
Indian tribes, and nonprofit organizations for purposes of establishing 
and maintaining programs with respect to the prevention of sexual 
offenses committed against minors.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2007 through 2011.
                                 <all>