[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 436
To amend title 18, United States Code, to protect youth from
exploitation by adults using the Internet, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2009
Mr. Cornyn introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect youth from
exploitation by adults using the Internet, 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. SHORT TITLE.
This Act may be cited as the ``Internet Stopping Adults
Facilitating the Exploitation of Today's Youth Act of 2009'' or the
``SAFETY Act''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``Whoever 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) Clerical Amendment.--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.''.
SEC. 3. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF
CHILDREN.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960B. Internet facilitation of child pornography and
exploitation of children
``(a) Offense.--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) Definitions.--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) Clerical Amendment.--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.''.
SEC. 4. MONEY LAUNDERING PREDICATE.
Section 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''.
SEC. 5. RETENTION OF RECORDS BY ELECTRONIC COMMUNICATION SERVICE
PROVIDERS.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Retention of Certain Records and Information.--A 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.''.
SEC. 6. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 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.''.
SEC. 7. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.
Section 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.''.
SEC. 8. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.
Section 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''.
SEC. 9. ADDITIONAL RICO PREDICATES.
Section 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),''.
SEC. 10. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL
INITIATIVE.
(a) Authorization of Appropriations.--There 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) Availability.--Any amounts appropriated pursuant to subsection
(a) shall remain available until expended.
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