[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.