[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3148 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3148

                    To eliminate child pornography.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2007

Mrs. Musgrave introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                    To eliminate child pornography.

    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 ``Child Pornography Elimination Act of 
2007''.

SEC. 2. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United 
States Code, is amended by striking ``or imprisoned not more than 10 
years, or both'' and inserting ``and imprisoned not less than 2 years 
nor more than 15 years''.
    (b) Pornography.--Section 2252A(b)(2) of title 18, United States 
Code, is amended by striking ``or imprisoned not more than 10 years, or 
both'' and inserting ``and imprisoned not less than 2 years nor more 
than 15 years''.

SEC. 3. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE, TO 
              ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED.

    Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032) is amended to read as follows:
            ``(4) Failure to report.--
                    ``(A) Knowingly.--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) Negligently.--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) FCC authority.--For the purposes of this 
                paragraph, the Federal Communications Commission shall 
                have the authority to levy civil penalties and shall 
                promulgate regulations, in consultation with the 
                Attorney General, to effectuate the purposes of this 
                paragraph and to provide for appropriate administrative 
                review of any civil penalties levied thereunder.''.

SEC. 4. KNOWINGLY ACCESSING CHILD PORNOGRAPHY.

    Section 2252(a) of title 18, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by inserting after 
                ``possesses,'' the following: ``or knowingly accesses 
                with intent to view,'';
                    (B) in subparagraph (B), by inserting after 
                ``possesses,'' the following: ``or knowingly accesses 
                with intent to view,''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A), by inserting after 
                ``possesses,'' the following: ``or knowingly accesses 
                with intent to view,''; and
                    (B) in subparagraph (B), by inserting after 
                ``possesses,'' the following: ``or knowingly accesses 
                with intent to view,''.

SEC. 5. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES.

    Section 1594(a) of title 18, United States Code, is amended by 
inserting after ``attempts'' the following: ``or conspires to''.

SEC. 6. MANDATORY RESTITUTION FOR CERTAIN CHILD SEX OFFENSES.

    (a) In General.--Chapter 117 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2429. Mandatory restitution
    ``(a) In General.--Notwithstanding section 3663 or 3663A of this 
title, and in addition to any other civil or criminal penalty 
authorized by law, the court shall order restitution for any offense 
under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) Directions.--The order of restitution under this 
        section shall direct the defendant to pay the victim (through 
        the appropriate court mechanism) the full amount of the 
        victim's losses as determined by the court pursuant to 
        paragraph (2).
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 in the same manner as an order under section 3663A.
            ``(3) Definition.--For purposes of this subsection, the 
        term `full amount of the victim's losses' includes any costs 
        incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care as a proximate 
                result of the offense;
                    ``(B) physical and occupational therapy or 
                rehabilitation as a proximate result of the offense;
                    ``(C) necessary transportation, temporary housing, 
                and child care expenses as a proximate result of the 
                offense;
                    ``(D) lost income as a proximate result of the 
                offense;
                    ``(E) attorney's fees, as well as other costs 
                incurred as a proximate result of the offense; and
                    ``(F) any other losses suffered by the victim as a 
                proximate result of the offense.
            ``(4) Order mandatory.--
                    ``(A) In general.--The issuance of a restitution 
                order under this section is mandatory.
                    ``(B) Consideration.--A court may not decline to 
                issue an order under this section because of--
                            ``(i) the economic circumstances of the 
                        defendant; or
                            ``(ii) the fact that a victim has received, 
                        or is entitled to receive, compensation for his 
                        or her injuries from the proceeds of insurance 
                        or any other source.
    ``(c) Definition.--For purposes of this section, the term `victim' 
means the individual harmed as a result of a commission of a crime 
under this chapter, including, in the case of a victim who is under 18 
years of age, incompetent, incapacitated, or deceased, the legal 
guardian of the victim or representative of the victim's estate, 
another family member, or any other person appointed as suitable by the 
court, but in no event shall the defendant be named as such 
representative or guardian.''.
    (b) Chapter Analysis.--The chapter analysis etc.

SEC. 7. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT.

    Section 2423(f) of title 18, United States Code, is amended by--
            (1) striking ``or''; and
            (2) striking the period at the end of the subsection and 
        inserting ``; or (3) production of child pornography, as 
        defined in section 2256(8).''.

SEC. 8. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE.

    (a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United 
States Code, is amended by inserting after ``this chapter,'' the 
following: ``section 1591,''.
    (b) Pornography.--Section 2252A(b)(2) of title 18, United States 
Code, is amended by inserting after ``this chapter,'' the following: 
``section 1591,''.
    (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United 
States Code, is amended by--
            (1) striking ``or following 109A,''; and
            (2) inserting after ``chapter 110'' the following ``or 
        section 1591''.
    (d) Release and Detention.--Section 3156(a)(4)(C) of title 18, 
United States Code, is amended by inserting after ``117'' the 
following: ``, or section 1591''.
    (e) Administrative Subpoenas.--Section 3486(a)(1)(D) of title 18, 
United States Code, is amended by inserting after ``1201,'' the 
following: ``1591,''.
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