1.This Act may be cited as the
Internet Stopping Adults Facilitating
the Exploitation of Today’s Youth (SAFETY) Act of
2009
.
2.Financial
facilitation of access to child pornography
(a)Chapter
95 of title 18, United States Code, is amended by adding at the end the
following:
1960A.Financial
facilitation of access to child pornographyWhoever 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 20
years, or
both.
.
(b)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.Internet
facilitation of child pornography and exploitation of children
(a)Chapter
95 of title 18, United States Code, is amended by adding at the end the
following:
1960B.Internet
facilitation of child pornography and exploitation of children
(a)Whoever, being an Internet content hosting
provider or email service provider, knowingly engages in any conduct the
provider knows or has reason to believe facilitates 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)As
used in this section—
(1)the term
Internet content hosting provider means a service that—
(A)stores, through
electromagnetic or other means, electronic data, including the content of web
pages, electronic mail, documents, images, audio and video files, online
discussion boards, and weblogs; and
(B)makes such data
available via the Internet; and
(2)the term
email service provider means a person that—
(A)provides a
service, using the Internet, for the transmission, receipt, storage, and
retrieval, by registered users, of electronic mail messages; and
(B)receives the
content of, and recipient list for, electronic mail messages that it transmits,
receives, or stores for the person or entity procuring such
services.
.
(b)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:
1960B. Internet facilitation of child
pornography and exploitation of
children.
.
4.Money laundering
predicateSection
1956(c)(7)(D) of title 18, United States Code, is amended—
(1)by inserting
1466A (relating to obscene visual representation of the abuse of
children),
before section 1708
;
(2)by inserting 1960A (relating to
financial facilitation of access to child pornography), 1960B (relating to
Internet facilitation of child pornography and exploitation of
children),
before section 2113
; and
(3)by inserting
2260A (relating to increased penalties for registered sex
offenders),
before section 2280
.
5.Retention of
records by electronic communication service providersSection 2703 of title 18, United States
Code, is amended by adding at the end the following:
(h)Retention of
certain records and informationA provider of an electronic
communication service or remote computing service shall retain for a period of
at least two years all records or other information pertaining to the identity
of a user of a temporarily assigned network address the service assigns to that
user.
.
6.Increased
penalties for sexual exploitation of childrenSection 2251(e) of title 18, United States
Code, is amended—
(1)by striking
15 years nor more than 30 years
and inserting 20 years or
for life
; and
(2)by striking
not less than 25 years nor more than 50 years,
and all that
follows through not less than 30 years nor more than life.
and
inserting life.
.
7.Increased
penalties for activities relating to material involving the sexual exploitation
of childrenSection 2252(b) of
title 18, United States Code, is amended—
(1)in paragraph
(1)—
(A)by striking
5 years and not more than 20 years
and inserting 15 years
or for life
; and
(B)by striking
not less than 15 years nor more than 40 years.
and inserting
not less than 30 years or for 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.
.
8.Increased
penalties for activities relating to material constituting or containing child
pornographySection 2252A(b)
of title 18, United States Code, is amended—
(1)in paragraph
(1)—
(A)by striking
5 years and not more than 20 years
and inserting 15 years
or for life
; and
(B)by striking
not less than 15 years nor more than 40 years
and inserting
not less than 30 years or for 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
.
9.Additional RICO
predicatesSection 1961(1) of
title 18, United States Code, is amended—
(1)by inserting
section 641 (relating to embezzlement or theft of public money,
property, or records,
after 473 (relating to
counterfeiting),
; and
(2)by inserting
section 666 (relating to theft or bribery concerning programs receiving
Federal funds),
after section 664 (relating to embezzlement from
pension and welfare funds),
.
10.Additional
resources for the Innocent Images National Initiative
(a)Authorization of
appropriationsThere are
authorized to be appropriated to the Director of the Federal Bureau of
Investigation to carry out the Innocent Images National Initiative, $30,000,000
for each of the fiscal years 2010 through 2014.
(b)Any
amounts appropriated pursuant to
subsection (a) shall remain available until
expended.