[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4719 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4719
To protect children against sexual abuse and exploitation, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2022
Mr. Grassley (for himself and Mr. Ossoff) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To protect children against sexual abuse and exploitation, 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 ``Preventing Child Sex Abuse Act of
2022''.
SEC. 2. SENSE OF CONGRESS.
The sense of Congress is the following:
(1) The safety of children should be a top priority for
public officials and communities in the United States.
(2) According to the Rape, Abuse & Incest National Network,
an individual in the United States is sexually assaulted every
68 seconds. And every 9 minutes, that victim is a child.
Meanwhile, only 25 out of every 1,000 perpetrators will end up
in prison.
(3) The effects of child sexual abuse can be long-lasting
and affect the victim's mental health.
(4) Victims are more likely than non-victims to experience
the following mental health challenges:
(A) Victims are about 4 times more likely to
develop symptoms of drug abuse.
(B) Victims are about 4 times more likely to
experience post-traumatic stress disorder as adults.
(C) Victims are about 3 times more likely to
experience a major depressive episode as adults.
(5) The criminal justice system should and has acted as an
important line of defense to protect children and hold
perpetrators accountable.
(6) However, the horrific crimes perpetuated by Larry
Nassar demonstrate firsthand the loopholes that still exist in
the criminal justice system. While Larry Nassar was found
guilty of several State-level offenses, he was not charged
federally for his illicit sexual contact with minors, despite
crossing State and international borders to commit this
conduct.
(7) The Department of Justice has also identified a growing
trend of Americans who use charitable or missionary work in a
foreign country as a cover for sexual abuse of children.
(8) It is the intent of Congress to prohibit Americans from
engaging in sexual abuse or exploitation of minors under the
guise of work, including volunteer work, with an organization
that affects interstate or foreign commerce, such as an
international charity.
(9) Child sexual abuse does not require physical contact
between the abuser and the child. This is especially true as
perpetrators turn increasingly to internet platforms, online
chat rooms, and webcams to commit child sexual abuse.
(10) However, a decision of the United States Court of
Appeals for the Seventh Circuit found the use of a webcam to
engage in sexually provocative activity with a minor did not
qualify as ``sexual activity''.
(11) Congress can address this issue by amending the
definition of the term ``sexual activity'' to clarify that it
does not require interpersonal, physical contact.
(12) It is the duty of Congress to provide clearer guidance
to ensure that those who commit crimes against children are
prosecuted to the fullest extent of the law.
SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.
Section 2423 of title 18, United States Code, is amended--
(1) in subsection (b), by striking ``with a motivating
purpose of engaging in any illicit sexual conduct with another
person'' and inserting ``with intent to engage in any illicit
sexual conduct with another person'';
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (i), respectively;
(3) in subsection (e), as so redesignated, by striking
``with a motivating purpose of engaging in any illicit sexual
conduct'' and inserting ``with intent to engage in any illicit
sexual conduct''; and
(4) by inserting after subsection (g), as so redesignated,
the following:
``(h) Definition of Intent.--As used in subsections (b) and (e),
the term `intent' means that an individual has the intention to engage
in illicit sexual conduct at the time of the travel. This intention
need not be a primary, significant, dominant, or motivating purpose of
the travel.''.
SEC. 4. ABUSE UNDER THE GUISE OF CHARITY.
Section 2423 of title 18, United States Code, as amended by section
3 of this Act, is amended--
(1) by inserting after subsection (c) the following:
``(d) Illicit Sexual Conduct in Connection With Certain
Organizations.--Any citizen of the United States or alien admitted for
permanent residence who--
``(1) is an officer, director, employee, or agent of an
organization that affects interstate or foreign commerce;
``(2) makes use of the mails or any means or
instrumentality of interstate or foreign commerce through the
connection or affiliation of the person with such organization;
and
``(3) commits an act in furtherance of illicit sexual
conduct through the connection or affiliation of the person
with such organization,
shall be fined under this title, imprisoned for not more than 30 years,
or both.'';
(2) in subsection (f), as so redesignated, by striking ``or
(d)'' and inserting ``(d), or (e)''; and
(3) in subsection (i), as so redesignated, by striking
``(f)(2)'' and inserting ``(g)(2)''.
SEC. 5. SEXUAL ACTIVITY WITH MINORS.
Section 2427 of title 18, United States Code, is amended by
inserting ``does not require interpersonal physical contact, and''
before ``includes''.
<all>