[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6063 Enrolled Bill (ENR)]
H.R.6063
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To amend title 18, United States Code, with respect to child pornography
and child exploitation offenses.
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 ``Child Protection Act of 2012''.
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not more
than 20 years, or if''.
SEC. 3. PROTECTION OF CHILD WITNESSES.
(a) Civil Action To Restrain Harassment of a Victim or Witness.--
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,'' after
``attorney for the Government,''; and
(ii) by inserting ``or investigation'' after ``Federal
criminal case'' each place it appears;
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court shall
issue a protective order prohibiting harassment or intimidation of
the minor victim or witness if the court finds evidence that the
conduct at issue is reasonably likely to adversely affect the
willingness of the minor witness or victim to testify or otherwise
participate in the Federal criminal case or investigation. Any
hearing regarding a protective order under this paragraph shall be
conducted in accordance with paragraphs (1) and (3), except that
the court may issue an ex parte emergency protective order in
advance of a hearing if exigent circumstances are present. If such
an ex parte order is applied for or issued, the court shall hold a
hearing not later than 14 days after the date such order was
applied for or is issued.'';
(D) in paragraph (4), as so redesignated, by striking
``(and not by reference to the complaint or other document)'';
and
(E) in paragraph (5), as so redesignated, in the second
sentence, by inserting before the period at the end the
following: ``, except that in the case of a minor victim or
witness, the court may order that such protective order expires
on the later of 3 years after the date of issuance or the date
of the eighteenth birthday of that minor victim or witness'';
and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts over
a period of time, however short, indicating a continuity of
purpose;
``(B) the term `harassment' means a serious act or course of
conduct directed at a specific person that--
``(i) causes substantial emotional distress in such person;
and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning given
that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course of
conduct directed at a specific person that--
``(i) causes fear or apprehension in such person; and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning give that term in section 119;
``(F) the term `serious act' means a single act of threatening,
retaliatory, harassing, or violent conduct that is reasonably
likely to influence the willingness of a victim or witness to
testify or participate in a Federal criminal case or investigation;
and
``(G) the term `specific person' means a victim or witness in a
Federal criminal case or investigation, and includes an immediate
family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements to ensure--
(1) that the guidelines provide an additional penalty increase
above the sentence otherwise applicable in Part J of Chapter 2 of
the Guidelines Manual if the defendant was convicted of a violation
of section 1591 of title 18, United States Code, or chapters 109A,
109B, 110, or 117 of title 18, United States Code; and
(2) if the offense described in paragraph (1) involved causing
or threatening to cause physical injury to a person under 18 years
of age, in order to obstruct the administration of justice, an
additional penalty increase above the sentence otherwise applicable
in Part J of Chapter 2 of the Guidelines Manual.
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS.
(a) Administrative Subpoenas.--
(1) In general.--Section 3486(a)(1) of title 18, United States
Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``or'' at the end;
(ii) by redesignating clause (ii) as clause (iii); and
(iii) by inserting after clause (i) the following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States Marshals
Service; or''; and
(B) in subparagraph (D)--
(i) by striking ``paragraph, the term'' and inserting
the following: ``paragraph--
``(i) the term'';
(ii) by striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(ii) the term `sex offender' means an individual required to
register under the Sex Offender Registration and Notification Act
(42 U.S.C. 16901 et seq.).''.
(2) Technical and conforming amendments.--Section 3486(a) of
title 18, United States Code, is amended--
(A) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';
(B) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(C) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''.
(b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United
States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with section
3486 of title 18, solely for the purpose of investigating
unregistered sex offenders (as defined in such section 3486).''.
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC
TASK FORCES.
Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION.
Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17611(d)(1)) is amended--
(1) by striking ``to be responsible'' and inserting the
following: ``with experience in investigating or prosecuting child
exploitation cases as the National Coordinator for Child
Exploitation Prevention and Interdiction who shall be
responsible''; and
(2) by adding at the end the following: ``The National
Coordinator for Child Exploitation Prevention and Interdiction
shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.
Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C.
17617(a)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end; and
(3) by inserting after paragraph (5) the following:
``(6) $60,000,000 for fiscal year 2014;
``(7) $60,000,000 for fiscal year 2015;
``(8) $60,000,000 for fiscal year 2016;
``(9) $60,000,000 for fiscal year 2017; and
``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.
Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the status of the Attorney General's establishment
of the National Internet Crimes Against Children Data System required
to be established under section 105 of the PROTECT Our Children Act of
2008 (42 U.S.C. 17615).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.