[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4120 Enrolled Bill (ENR)]

        H.R.4120

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
  To amend title 18, United States Code, to provide for more effective 
    prosecution of cases involving child pornography, 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. TABLE OF CONTENTS.
    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

      TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Clarifying ban of child pornography.

 TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                 OF 2007

Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view 
          child pornography.

      TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

    SEC. 101. SHORT TITLE.
    This title may be cited as the ``Effective Child Pornography 
Prosecution Act of 2007''.
    SEC. 102. FINDINGS.
    Congress finds the following:
        (1) Child pornography is estimated to be a multibillion dollar 
    industry of global proportions, facilitated by the growth of the 
    Internet.
        (2) Data has shown that 83 percent of child pornography 
    possessors had images of children younger than 12 years old, 39 
    percent had images of children younger than 6 years old, and 19 
    percent had images of children younger than 3 years old.
        (3) Child pornography is a permanent record of a child's abuse 
    and the distribution of child pornography images revictimizes the 
    child each time the image is viewed.
        (4) Child pornography is readily available through virtually 
    every Internet technology, including Web sites, email, instant 
    messaging, Internet Relay Chat, newsgroups, bulletin boards, and 
    peer-to-peer.
        (5) The technological ease, lack of expense, and anonymity in 
    obtaining and distributing child pornography over the Internet has 
    resulted in an explosion in the multijurisdictional distribution of 
    child pornography.
        (6) The Internet is well recognized as a method of distributing 
    goods and services across State lines.
        (7) The transmission of child pornography using the Internet 
    constitutes transportation in interstate commerce.
    SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.
    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
        (1) in section 2251--
            (A) in each of subsections (a), (b), and (d), by inserting 
        ``using any means or facility of interstate or foreign commerce 
        or'' after ``be transported'';
            (B) in each of subsections (a) and (b), by inserting 
        ``using any means or facility of interstate or foreign commerce 
        or'' after ``been transported'';
            (C) in subsection (c), by striking ``computer'' each place 
        that term appears and inserting ``using any means or facility 
        of interstate or foreign commerce''; and
            (D) in subsection (d), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``is 
        transported'';
        (2) in section 2251A(c), by inserting ``using any means or 
    facility of interstate or foreign commerce or'' after ``or 
    transported'';
        (3) in section 2252(a)--
            (A) in paragraph (1), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after 
        ``ships'';
            (B) in paragraph (2)--
                (i) by inserting ``using any means or facility of 
            interstate or foreign commerce or'' after ``distributes, 
            any visual depiction''; and
                (ii) by inserting ``using any means or facility of 
            interstate or foreign commerce or'' after ``depiction for 
            distribution'';
            (C) in paragraph (3)--
                (i) by inserting ``using any means or facility of 
            interstate or foreign commerce'' after ``so shipped or 
            transported''; and
                (ii) by striking ``by any means,''; and
            (D) in paragraph (4), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``has 
        been shipped or transported''; and
        (4) in section 2252A(a)--
            (A) in paragraph (1), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after 
        ``ships'';
            (B) in paragraph (2), by inserting ``using any means or 
        facility of interstate or foreign commerce'' after ``mailed, 
        or'' each place it appears;
            (C) in paragraph (3), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``mails, 
        or'' each place it appears;
            (D) in each of paragraphs (4) and (5), by inserting ``using 
        any means or facility of interstate or foreign commerce or'' 
        after ``has been mailed, or shipped or transported''; and
            (E) in paragraph (6), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``has 
        been mailed, shipped, or transported''.
    (b) Affecting Interstate Commerce.--Chapter 110 of title 18, United 
States Code, is amended in each of sections 2251, 2251A, 2252, and 
2252A, by striking ``in interstate'' each place it appears and 
inserting ``in or affecting interstate''.
    (c) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United 
States Code, is amended by inserting ``, shipped, or transported using 
any means or facility of interstate or foreign commerce'' after ``that 
has been mailed''.
    (d) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18, 
United States Code, is amended by striking ``or by transmitting'' and 
all that follows through ``by computer,'' and inserting ``or any means 
or facility of interstate or foreign commerce,''.

TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                OF 2007

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``Enhancing the Effective 
Prosecution of Child Pornography Act of 2007''.
    SEC. 202. MONEY LAUNDERING PREDICATE.
    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 2252A (relating to child pornography) where the 
child pornography contains a visual depiction of an actual minor 
engaging in sexually explicit conduct, section 2260 (production of 
certain child pornography for importation into the United States),'' 
before ``section 2280''.
    SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO 
      VIEW CHILD PORNOGRAPHY.
    (a) Materials Involving Sexual Exploitation of Minors.--Section 
2252(a)(4) of title 18, United States Code, is amended--
        (1) in subparagraph (A), by inserting ``, or knowingly accesses 
    with intent to view,'' after ``possesses''; and
        (2) in subparagraph (B), by inserting ``, or knowingly accesses 
    with intent to view,'' after ``possesses''.
    (b) Materials Constituting or Containing Child Pornography.--
Section 2252A(a)(5) of title 18, United States Code, is amended--
        (1) in subparagraph (A), by inserting ``, or knowingly accesses 
    with intent to view,'' after ``possesses''; and
        (2) in subparagraph (B), by inserting ``, or knowingly accesses 
    with intent to view,'' after ``possesses''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.