II 109th CONGRESS 2d Session S. 3499 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.

1.

Short title

This Act may be cited as the Internet Safety (Stop Adults Facilitating the Exploitation of Youth) Act of 2006.

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:

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. .

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. .

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:

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. .

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. .

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:

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..

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.

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.

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.

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.

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:

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. .

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.

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.

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.

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.