One Hundred Tenth Congress of the United States of America 2d SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight S. 1738 IN THE SENATE OF THE UNITED STATES AN ACT To require the Department of Justice to develop and implement a National Strategy Child Exploitation Prevention and Interdiction, to improve the Internet Crimes Against Children Task Force, to increase resources for regional computer forensic labs, and to make other improvements to increase the ability of law enforcement agencies to investigate and prosecute child predators.

1.

Short title; table of contents

(a)

Short Title

This Act may be cited as the Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008 or the PROTECT Our Children Act of 2008. (b)

Table of Contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—National Strategy for Child Exploitation Prevention and Interdiction Sec. 101. Establishment of National Strategy for Child Exploitation Prevention and Interdiction. Sec. 102. Establishment of National ICAC Task Force Program. Sec. 103. Purpose of ICAC task forces. Sec. 104. Duties and functions of task forces. Sec. 105. National Internet Crimes Against Children Data System. Sec. 106. ICAC grant program. Sec. 107. Authorization of appropriations. TITLE II—ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION Sec. 201. Additional regional computer forensic labs. TITLE III—Effective child pornography prosecution Sec. 301. Prohibit the broadcast of live images of child abuse. Sec. 302. Amendment to section 2256 of title 18, United States Code. Sec. 303. Amendment to section 2260 of title 18, United States Code. Sec. 304. Prohibiting the adaptation or modification of an image of an identifiable minor to produce child pornography. TITLE IV—National Institute of Justice Study of Risk Factors Sec. 401. NIJ study of risk factors for assessing dangerousness. TITLE V—Securing Adolescents From Online Exploitation Sec. 501. Reporting requirements of electronic communication service providers and remote computing service providers. Sec. 502. Reports. Sec. 503. Severability.

2.

Definitions

In this Act, the following definitions shall apply: (1)

Child exploitation

The term child exploitation means any conduct, attempted conduct, or conspiracy to engage in conduct involving a minor that violates section 1591, chapter 109A, chapter 110, and chapter 117 of title 18, United States Code, or any sexual activity involving a minor for which any person can be charged with a criminal offense. (2)

Child obscenity

The term child obscenity means any visual depiction proscribed by section 1466A of title 18, United States Code. (3)

Minor

The term minor means any person under the age of 18 years. (4)

Sexually explicit conduct

The term sexually explicit conduct has the meaning given such term in section 2256 of title 18, United States Code.

Speaker of the House of Representatives Vice President of the United States and President of the Senate