[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2661 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 2661

 To reauthorize and update the Project Safe Childhood program, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2023

    Ms. Wasserman Schultz (for herself and Mr. Hunt) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reauthorize and update the Project Safe Childhood program, 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 ``Project Safe Childhood Act''.

SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION.

    Section 143 of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20942) is amended to read as follows:

``SEC. 143. PROJECT SAFE CHILDHOOD.

    ``(a) Definitions.--In this section:
            ``(1) Child sexual abuse material.--The term `child sexual 
        abuse material' has the meaning given the term `child 
        pornography' in section 2256 of title 18, United States Code.
            ``(2) Child sexual exploitation offense.--The term `child 
        sexual exploitation offense' means--
                    ``(A)(i) an offense involving a minor under section 
                1591 or chapter 117 of title 18, United States Code;
                    ``(ii) an offense under subsection (a), (b), or (c) 
                of section 2251 of title 18, United States Code;
                    ``(iii) an offense under section 2251A or 2252A(g) 
                of title 18, United States Code; or
                    ``(iv) any attempt or conspiracy to commit an 
                offense described in clause (i) or (ii); or
                    ``(B) an offense involving a minor under a State or 
                Tribal statute that is similar to a provision described 
                in subparagraph (A).
            ``(3) Circle of trust offender.--The term `circle of trust 
        offender' means an offender who is related to, or in a position 
        of trust, authority, or supervisory control with respect to, a 
        child.
            ``(4) Computer.--The term `computer' has the meaning given 
        the term in section 1030 of title 18, United States Code.
            ``(5) Contact sexual offense.--The term `contact sexual 
        offense' means--
                    ``(A) an offense involving a minor under chapter 
                109A of title 18, United States Code, or any attempt or 
                conspiracy to commit such an offense; or
                    ``(B) an offense involving a minor under a State or 
                Tribal statute that is similar to a provision described 
                in subparagraph (A).
            ``(6) Dual offender.--The term `dual offender' means--
                    ``(A) a person who commits--
                            ``(i) a technology-facilitated child sexual 
                        exploitation offense or an offense involving 
                        child sexual abuse material; and
                            ``(ii) a contact sexual offense; and
                    ``(B) without regard to whether the offenses 
                described in clauses (i) and (ii) of subparagraph (A)--
                            ``(i) are committed as part of the same 
                        course of conduct; or
                            ``(ii) involve the same victim.
            ``(7) Facilitator.--The term `facilitator' means an 
        individual who facilitates the commission by another individual 
        of--
                    ``(A) a technology-facilitated child sexual 
                exploitation offense or an offense involving child 
                sexual abuse material; or
                    ``(B) a contact sexual offense.
            ``(8) ICAC affiliate partner.--The term `ICAC affiliate 
        partner' means a law enforcement agency that has entered into a 
        formal operating agreement with the ICAC Task Force Program.
            ``(9) ICAC task force.--The term `ICAC task force' means a 
        task force that is part of the ICAC Task Force Program.
            ``(10) ICAC task force program.--The term `ICAC Task Force 
        Program' means the National Internet Crimes Against Children 
        Task Force Program established under section 102 of the PROTECT 
        Our Children Act of 2008 (34 U.S.C. 21112).
            ``(11) Offense involving child sexual abuse material.--The 
        term `offense involving child sexual abuse material' means--
                    ``(A) an offense under section 2251(d), section 
                2252, or paragraphs (1) through (6) of section 2252A(a) 
                of title 18, United States Code, or any attempt or 
                conspiracy to commit such an offense; or
                    ``(B) an offense under a State or Tribal statute 
                that is similar to a provision described in 
                subparagraph (A).
            ``(12) Serious offender.--The term `serious offender' 
        means--
                    ``(A) an offender who has committed a contact 
                sexual offense or child sexual exploitation offense;
                    ``(B) a dual offender, circle of trust offender, or 
                facilitator; or
                    ``(C) an offender with a prior conviction for a 
                contact sexual offense, a child sexual exploitation 
                offense, or an offense involving child sexual abuse 
                material.
            ``(13) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(14) Technology-facilitated.--The term `technology-
        facilitated', with respect to an offense, means an offense that 
        is committed through the use of a computer, even if the use of 
        a computer is not an element of the offense.
    ``(b) Establishment of Program.--The Attorney General shall create 
and maintain a nationwide initiative to align Federal, State, and local 
entities to combat the growing epidemic of online child sexual 
exploitation and abuse, to be known as the `Project Safe Childhood 
program', in accordance with this section.
    ``(c) Best Practices.--The Attorney General, in coordination with 
the Child Exploitation and Obscenity Section of the Criminal Division 
of the Department of Justice and the Office of Juvenile Justice and 
Delinquency Prevention of the Department of Justice, and in 
consultation with training and technical assistance providers under the 
ICAC Task Force Program who are funded by the Attorney General and with 
appropriate nongovernmental organizations, shall--
            ``(1) develop best practices to adopt a balanced approach 
        to the investigation of suspect leads involving contact sexual 
        offenses, child sexual exploitation offenses, and offenses 
        involving child sexual abuse material, and the prosecution of 
        those offenses, prioritizing when feasible the identification 
        of a child victim or a serious offender, which approach shall 
        incorporate the use of--
                    ``(A) proactively generated leads, including leads 
                generated by current and emerging technology;
                    ``(B) in-district investigative referrals; and
                    ``(C) CyberTipline reports from the National Center 
                for Missing and Exploited Children;
            ``(2) develop best practices to be used by each United 
        States Attorney and ICAC task force to assess the likelihood 
        that an individual could be a serious offender or that a child 
        victim may be identified;
            ``(3) develop and implement a tracking and communication 
        system for Federal, State, and local law enforcement agencies 
        and prosecutor's offices to report successful cases of victim 
        identification and child rescue to the Department of Justice 
        and the public; and
            ``(4) encourage the submission of all lawfully seized 
        visual depictions to the Child Victim Identification Program of 
        the National Center for Missing and Exploited Children.
    ``(d) Implementation.--Except as authorized under subsection (e), 
funds authorized under this section may only be used for the following 
4 purposes:
            ``(1) Integrated Federal, State, and local efforts to 
        investigate and prosecute contact sexual offenses, child sexual 
        exploitation offenses, and offenses involving child sexual 
        abuse material, including--
                    ``(A) the partnership by each United States 
                Attorney with each Internet Crimes Against Children 
                Task Force within the district of such attorney;
                    ``(B) training of Federal, State, and local law 
                enforcement officers and prosecutors through--
                            ``(i) programs facilitated by the ICAC Task 
                        Force Program;
                            ``(ii) ICAC training programs supported by 
                        the Office of Juvenile Justice and Delinquency 
                        Prevention of the Department of Justice;
                            ``(iii) programs facilitated by appropriate 
                        nongovernmental organizations with subject 
                        matter expertise, technical skill, or 
                        technological tools to assist in the 
                        identification of and response to serious 
                        offenders, contact sexual offenses, child 
                        sexual exploitation offenses, or offenses 
                        involving child sexual abuse material; and
                            ``(iv) any other program that provides 
                        training--
                                    ``(I) on the investigation and 
                                identification of serious offenders or 
                                victims of contact sexual offenses, 
                                child sexual exploitation offenses, or 
                                offenses involving child sexual abuse 
                                material; or
                                    ``(II) that specifically addresses 
                                the use of existing and emerging 
                                technologies to commit or facilitate 
                                contact sexual offenses, child sexual 
                                exploitation offenses, or offenses 
                                involving child sexual abuse material;
                    ``(C) the development by each United States 
                Attorney of a district-specific strategic plan to 
                coordinate with State and local law enforcement 
                agencies and prosecutor's offices, including ICAC task 
                forces and their ICAC affiliate partners, on the 
                investigation of suspect leads involving serious 
                offenders, contact sexual offenses, child sexual 
                exploitation offenses, and offenses involving child 
                sexual abuse material, and the prosecution of those 
                offenders and offenses, which plan--
                            ``(i) shall include--
                                    ``(I) the use of the best practices 
                                developed under paragraphs (1) and (2) 
                                of subsection (c);
                                    ``(II) the development of plans and 
                                protocols to target and rapidly 
                                investigate cases involving potential 
                                serious offenders or the identification 
                                and rescue of a victim of a contact 
                                sexual offense, a child sexual 
                                exploitation offense, or an offense 
                                involving child sexual abuse material;
                                    ``(III) the use of training and 
                                technical assistance programs to 
                                incorporate victim-centered, trauma-
                                informed practices in cases involving 
                                victims of contact sexual offenses, 
                                child sexual exploitation offenses, and 
                                offenses involving child sexual abuse 
                                material, which may include the use of 
                                child protective services, children's 
                                advocacy centers, victim support 
                                specialists, or other supportive 
                                services;
                                    ``(IV) the development of plans to 
                                track, report, and clearly communicate 
                                successful cases of victim 
                                identification and child rescue to the 
                                Department of Justice and the public;
                                    ``(V) an analysis of the 
                                investigative and forensic capacity of 
                                law enforcement agencies and 
                                prosecutor's offices within the 
                                district, and goals for improving 
                                capacity and effectiveness;
                                    ``(VI) a written policy describing 
                                the criteria for referrals for 
                                prosecution from Federal, State, or 
                                local law enforcement agencies, 
                                particularly when the investigation may 
                                involve a potential serious offender or 
                                the identification or rescue of a child 
                                victim;
                                    ``(VII) plans and budgets for 
                                training of relevant personnel on 
                                contact sexual offenses, child sexual 
                                exploitation offenses, and offenses 
                                involving child sexual abuse material;
                                    ``(VIII) plans for coordination and 
                                cooperation with State, local, and 
                                Tribal law enforcement agencies and 
                                prosecutorial offices; and
                                    ``(IX) evidence-based programs that 
                                educate the public about and increase 
                                awareness of such offenses; and
                            ``(ii) shall be developed in consultation, 
                        as appropriate, with--
                                    ``(I) the local ICAC task force;
                                    ``(II) the United States Marshals 
                                Service Sex Offender Targeting Center;
                                    ``(III) training and technical 
                                assistance providers under the ICAC 
                                Task Force Program who are funded by 
                                the Attorney General;
                                    ``(IV) nongovernmental 
                                organizations with subject matter 
                                expertise, technical skill, or 
                                technological tools to assist in the 
                                identification of and response to 
                                contact sexual offenses, child sexual 
                                exploitation offenses, or offenses 
                                involving child sexual abuse material;
                                    ``(V) any relevant component of 
                                Homeland Security Investigations;
                                    ``(VI) any relevant component of 
                                the Federal Bureau of Investigation;
                                    ``(VII) the Office of Juvenile 
                                Justice and Delinquency Prevention of 
                                the Department of Justice;
                                    ``(VIII) the Child Exploitation and 
                                Obscenity Section of the Criminal 
                                Division of the Department of Justice;
                                    ``(IX) the United States Postal 
                                Inspection Service;
                                    ``(X) the United States Secret 
                                Service; and
                                    ``(XI) each military criminal 
                                investigation organization of the 
                                Department of Defense; and
                    ``(D) a quadrennial assessment by each United 
                States Attorney of the investigations within the 
                district of such attorney of contact sexual offenses, 
                child sexual exploitation offenses, and offenses 
                involving child sexual abuse material--
                            ``(i) with consideration of--
                                    ``(I) the variety of sources for 
                                leads;
                                    ``(II) the proportion of work 
                                involving proactive or undercover law 
                                enforcement investigations;
                                    ``(III) the number of serious 
                                offenders identified and prosecuted; 
                                and
                                    ``(IV) the number of children 
                                identified or rescued; and
                            ``(ii) information from which may be used 
                        by the United States Attorney, as appropriate, 
                        to revise the plan described in subparagraph 
                        (C).
            ``(2) Major case coordination by the Department of Justice 
        (or other Federal agencies as appropriate), including specific 
        cooperation, as appropriate, with--
                    ``(A) the Child Exploitation and Obscenity Section 
                of the Criminal Division of the Department of Justice;
                    ``(B) any relevant component of Homeland Security 
                Investigations;
                    ``(C) any relevant component of the Federal Bureau 
                of Investigation;
                    ``(D) the ICAC task forces and ICAC affiliate 
                partners;
                    ``(E) the United States Marshals Service, including 
                the Sex Offender Targeting Center;
                    ``(F) the United States Postal Inspection Service;
                    ``(G) the United States Secret Service;
                    ``(H) each Military Criminal Investigation 
                Organization of the Department of Defense; and
                    ``(I) any task forces established in connection 
                with the Project Safe Childhood program set forth under 
                subsection (b).
            ``(3) Increased Federal involvement in, and commitment to, 
        the prevention and prosecution of technology-facilitated child 
        sexual exploitation offenses or offenses involving child sexual 
        abuse material by--
                    ``(A) using technology to identify victims and 
                serious offenders;
                    ``(B) developing processes and tools to identify 
                victims and offenders; and
                    ``(C) taking measures to improve information 
                sharing among Federal law enforcement agencies, 
                including for the purposes of implementing the plans 
                and protocols described in paragraph (1)(C)(i)(II) to 
                identify and rescue--
                            ``(i) victims of contact sexual offenses, 
                        child sexual exploitation offenses, and 
                        offenses involving child sexual abuse material; 
                        or
                            ``(ii) victims of serious offenders.
            ``(4) The establishment, development, and implementation of 
        a nationally coordinated `Safer Internet Day' every year 
        developed in collaboration with the Department of Education, 
        national and local internet safety organizations, parent 
        organizations, social media companies, and schools to provide--
                    ``(A) national public awareness and evidence-based 
                educational programs about the threats posed by circle 
                of trust offenders and the threat of contact sexual 
                offenses, child sexual exploitation offenses, or 
                offenses involving child sexual abuse material, and the 
                use of technology to facilitate those offenses;
                    ``(B) information to parents and children about how 
                to avoid or prevent technology-facilitated child sexual 
                exploitation offenses; and
                    ``(C) information about how to report possible 
                technology-facilitated child sexual exploitation 
                offenses or offenses involving child sexual abuse 
                material through--
                            ``(i) the National Center for Missing and 
                        Exploited Children;
                            ``(ii) the ICAC Task Force Program; and
                            ``(iii) any other program that--
                                    ``(I) raises national awareness 
                                about the threat of technology-
                                facilitated child sexual exploitation 
                                offenses or offenses involving child 
                                sexual abuse material; and
                                    ``(II) provides information to 
                                parents and children seeking to report 
                                possible violations of technology-
                                facilitated child sexual exploitation 
                                offenses or offenses involving child 
                                sexual abuse material.
    ``(e) Expansion of Project Safe Childhood.--Notwithstanding 
subsection (d), funds authorized under this section may be also be used 
for the following purposes:
            ``(1) The addition of not less than 20 Assistant United 
        States Attorneys at the Department of Justice, relative to the 
        number of such positions as of the day before the date of 
        enactment of the Project Safe Childhood Act, who shall be--
                    ``(A) dedicated to the prosecution of cases in 
                connection with the Project Safe Childhood program set 
                forth under subsection (b); and
                    ``(B) responsible for assisting and coordinating 
                the plans and protocols of each district under 
                subsection (d)(1)(C)(i)(II).
            ``(2) Such other additional and related purposes as the 
        Attorney General determines appropriate.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--For the purpose of carrying out this 
        section, there are authorized to be appropriated--
                    ``(A) for the activities described under paragraphs 
                (1), (2), and (3) of subsection (d), $28,550,000 for 
                each of fiscal years 2023 through 2028;
                    ``(B) for the activities described under subsection 
                (d)(4), $4,000,000 for each of fiscal years 2023 
                through 2028; and
                    ``(C) for the activities described under subsection 
                (e), $29,100,000 for each of fiscal years 2023 through 
                2028.
            ``(2) Supplement, not supplant.--Amounts made available to 
        State and local agencies, programs, and services under this 
        section shall supplement, and not supplant, other Federal, 
        State, or local funds made available for those agencies, 
        programs, and services.''.

SEC. 3. TECHNICAL CLARIFICATIONS.

    (a) In General.--Title 18, United States Code, is amended--
            (1) in section 1201--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``obtains by defrauding or 
                deceiving any person,'' after ``abducts,''; and
                    (B) in subsection (g), by adding at the end the 
                following:
            ``(2) Defense.--For an offense described in this subsection 
        involving a victim who has not attained the age of 16 years, it 
        is not a defense that the victim consented to the offender's 
        conduct unless the offender can establish by a preponderance of 
        the evidence that the offender reasonably believed that the 
        victim had attained the age of 16 years.'';
            (2) in chapter 109A--
                    (A) in section 2241--
                            (i) in subsection (b)--
                                    (I) in paragraph (1)--
                                            (aa) by inserting ``or 
                                        causes'' after ``engages in''; 
                                        and
                                            (bb) by inserting ``or by'' 
                                        after ``a sexual act with''; 
                                        and
                                    (II) in paragraph (2)(B)--
                                            (aa) by inserting ``or 
                                        causes'' after ``engages in''; 
                                        and
                                            (bb) by inserting ``or by'' 
                                        after ``a sexual act with'';
                            (ii) in subsection (c)--
                                    (I) by striking ``crosses a State 
                                line'' and inserting ``travels in 
                                interstate or foreign commerce'';
                                    (II) by inserting ``or cause'' 
                                after ``engage in'';
                                    (III) by inserting ``or by'' after 
                                ``a sexual act with'' each place it 
                                appears;
                                    (IV) by inserting ``or by'' after 
                                ``subsections (a) and (b) with'';
                                    (V) by inserting ``or causes'' 
                                after ``engages in'' each place it 
                                appears; and
                                    (VI) by inserting ``or causing'' 
                                after ``so engaging''; and
                            (iii) in subsection (d), by inserting ``or 
                        being caused to engage in'' after ``engaging 
                        in'';
                    (B) in section 2242--
                            (i) in paragraph (2), in the matter 
                        preceding subparagraph (A)--
                                    (I) by inserting ``or causes'' 
                                after ``engages in''; and
                                    (II) by inserting ``or by'' after 
                                ``a sexual act with''; and
                            (ii) in paragraph (3)--
                                    (I) by inserting ``or causes'' 
                                after ``engages in''; and
                                    (II) by inserting ``or by'' after 
                                ``a sexual act with'';
                    (C) in section 2243--
                            (i) in subsection (a)--
                                    (I) in the matter preceding 
                                paragraph (1)--
                                            (aa) by inserting ``or 
                                        causes'' after ``engages in''; 
                                        and
                                            (bb) by inserting ``or by'' 
                                        after ``a sexual act with''; 
                                        and
                                    (II) in paragraph (2), by inserting 
                                ``or causing'' after ``so engaging'';
                            (ii) in subsection (b)--
                                    (I) in the matter preceding 
                                paragraph (1)--
                                            (aa) by inserting ``or 
                                        causes'' after ``engages in''; 
                                        and
                                            (bb) by inserting ``or by'' 
                                        after ``a sexual act with''; 
                                        and
                                    (II) in paragraph (2), by inserting 
                                ``or causing'' after ``so engaging'';
                            (iii) in subsection (c)--
                                    (I) by inserting ``or causes'' 
                                after ``engages in''; and
                                    (II) by inserting ``or by'' after 
                                ``a sexual act with''; and
                            (iv) in subsection (e)--
                                    (I) in paragraph (1), by inserting 
                                ``or being caused to engage in'' after 
                                ``engaging in''; and
                                    (II) in paragraph (2), by striking 
                                ``between the persons so engaging'' and 
                                inserting the following: ``between--
                    ``(A) the defendant; and
                    ``(B) the person--
                            ``(i) with whom the defendant engaged in a 
                        sexual act; or
                            ``(ii) whom the defendant caused to engage 
                        in a sexual act''; and
                    (D) in section 2244(b)--
                            (i) by inserting ``or causes'' after 
                        ``engages in''; and
                            (ii) by inserting ``or by'' after ``sexual 
                        contact with''; and
            (3) in section 2423(f)(1)--
                    (A) by striking ``a sexual act (as defined in 
                section 2246) with'' and inserting ``any conduct 
                involving''; and
                    (B) by striking ``sexual act occurred'' and 
                inserting ``conduct occurred''.
    (b) Effective Date.--The amendment to section 2241(c) of title 18, 
United States Code, made by subsection (a)(2)(A)(ii)(I) of this section 
shall apply to conduct that occurred before, on, or after the date of 
enactment of this Act.

SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.

    Title 18 of the United States Code is amended--
            (1) in section 1466A--
                    (A) in subsection (a)(1)(A), by inserting ``, or 
                includes a minor in such visual depiction of any adult 
                engaging in sexually explicit conduct'' after 
                ``sexually explicit conduct''; and
                    (B) in subsection (b)(1)(A), by inserting ``, or 
                includes a minor in such visual depiction of any adult 
                engaging in sexually explicit conduct'' after 
                ``sexually explicit conduct'';
            (2) in chapter 109A--
                    (A) in section 2244--
                            (i) in subsection (a)--
                                    (I) by redesignating paragraphs (1) 
                                through (5) as subparagraphs (A) 
                                through (E), respectively, and 
                                adjusting the margins accordingly;
                                    (II) by striking ``Whoever'' and 
                                inserting the following:
            ``(1) In general.--Whoever'';
                                    (III) in paragraph (1), as so 
                                designated--
                                            (aa) in the matter 
                                        preceding subparagraph (A), as 
                                        so redesignated, by striking 
                                        ``if so to do'' and inserting 
                                        ``if to do so'';
                                            (bb) in subparagraph (A), 
                                        as so redesignated, by striking 
                                        ``ten'' and inserting ``10'';
                                            (cc) in subparagraph (B), 
                                        as so redesignated, by striking 
                                        ``three'' and inserting 
                                        ``10''';
                                            (dd) in subparagraph (C), 
                                        as so redesignated, by striking 
                                        ``two'' and inserting ``5''; 
                                        and
                                            (ee) in subparagraph (D), 
                                        as so redesignated, by striking 
                                        ``two'' and inserting ``5''; 
                                        and
                                    (IV) by adding at the end the 
                                following:
            ``(2) Attempt.--Whoever attempts to commit an offense under 
        paragraph (1) shall be subject to the same penalty as for a 
        completed offense.'';
                            (ii) in subsection (b)--
                                    (I) by inserting ``or causes'' 
                                after ``engages in'';
                                    (II) by inserting ``or by'' after 
                                ``sexual contact with'';
                                    (III) by inserting ``, or attempts 
                                to do so,'' after ``other person's 
                                permission''; and
                                    (IV) by striking ``two'' and 
                                inserting ``2''; and
                            (iii) in subsection (c), by striking ``If 
                        the sexual contact that violates this section 
                        (other than subsection (a)(5)) is with an 
                        individual'' and inserting ``If the sexual 
                        contact or attempted sexual contact that a 
                        person engages in or causes in violation of 
                        this section (other than subsection (a)(1)(E)) 
                        is with or by an individual''; and
                    (B) in section 2246(2), by inserting after ``16 
                years'' the following: ``, or of any person by a person 
                who has not attained the age of 16 years,''; and
            (3) in chapter 110--
                    (A) in section 2251--
                            (i) by striking subsections (a) and (b) and 
                        inserting the following:
    ``(a) Any person who, in a circumstance described in subsection 
(f), engages in any of the following conduct shall be punished as 
provided under subsection (e):
            ``(1) Employs, uses, persuades, induces, entices, or 
        coerces a minor to engage in any sexually explicit conduct for 
        the purpose of producing any visual depiction of such conduct 
        or transmitting a live visual depiction of such conduct.
            ``(2) Employs, uses, persuades, induces, entices, or 
        coerces a minor to engage in any sexually explicit conduct and 
        in the course thereof, knowingly produces or causes to be 
        produced any visual depiction of such conduct, or transmits or 
        causes to be transmitted a live visual depiction of such 
        conduct.
            ``(3) Engages in sexually explicit conduct in the presence 
        of a minor for the purpose of producing any visual depiction of 
        such conduct or transmitting a live visual depiction of such 
        conduct, intending that the minor be included in such visual 
        depiction.
            ``(4) Engages in sexually explicit conduct in the presence 
        of a minor and in the course thereof, knowingly produces or 
        causes to be produced any visual depiction of such conduct, or 
        transmits or causes to be transmitted a live visual depiction 
        of such conduct, intentionally including the minor in such 
        visual depiction.
            ``(5) Has a minor assist any other person to engage in any 
        sexually explicit conduct during the commission of an offense 
        set forth in paragraphs (1) through (4) of this subsection.
            ``(6) Transports any minor in or affecting interstate or 
        foreign commerce with the intent that such minor be used in the 
        production or live transmission of any visual depiction of a 
        minor engaged in any sexually explicit conduct.
    ``(b) Any parent, legal guardian, or person who has custody or 
control of a minor and, in a circumstance described in subsection (f), 
engages in any of the following conduct shall be punished as provided 
under subsection (e):
            ``(1) Knowingly permits such minor to engage in, or to 
        assist any other person to engage in, sexually explicit 
        conduct--
                    ``(A) for the purpose of producing any visual 
                depiction of such conduct or transmitting a live visual 
                depiction of such conduct; or
                    ``(B) knowing that any visual depiction of such 
                conduct will be produced or transmitted.
            ``(2) Knowingly permits an adult to engage in sexually 
        explicit conduct in the presence of the minor--
                    ``(A) for the purpose of producing any visual 
                depiction of such conduct or transmitting a live visual 
                depiction of such conduct, intending that the minor be 
                included in such visual depiction; or
                    ``(B) knowing that any visual depiction of such 
                conduct will be produced or transmitted, intentionally 
                including the minor in such visual depiction.'';
                            (ii) in subsection (c)--
                                    (I) in paragraph (1)--
                                            (aa) by striking ``employs, 
                                        uses, persuades, induces, 
                                        entices, or coerces any minor 
                                        to engage in, or who has a 
                                        minor assist any other person 
                                        to engage in, any sexually 
                                        explicit conduct'' and 
                                        inserting ``engages in any of 
                                        the conduct described in 
                                        paragraphs (1) through (5) of 
                                        subsection (a)''; and
                                            (bb) by striking ``for the 
                                        purpose of producing any visual 
                                        depiction of such conduct,''; 
                                        and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A), 
                                        by inserting ``or transmitted'' 
                                        after ``transported''; and
                                            (bb) in subparagraph (B) by 
                                        inserting ``or transmits'' 
                                        after ``transports'';
                            (iii) in subsection (d)(1), by striking 
                        subparagraph (A) and inserting the following:
                    ``(A) to receive, exchange, buy, produce, display, 
                distribute, or reproduce, any visual depiction, if--
                            ``(i) the production of such visual 
                        depiction involves the use of a minor engaging 
                        in sexually explicit conduct and such visual 
                        depiction is of such conduct; or
                            ``(ii) the production of such visual 
                        depiction involves an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor, such visual depiction is of such 
                        conduct, and the minor is intentionally 
                        included in the visual depiction; or''; and
                            (iv) by adding at the end the following:
    ``(f) Circumstances.--The circumstance referred to in subsections 
(a) and (b) is that--
            ``(1) the person knows or has reason to know that the 
        visual depiction will be--
                    ``(A) transported or transmitted using any means or 
                facility of interstate or foreign commerce;
                    ``(B) transported or transmitted in or affecting 
                interstate or foreign commerce; or
                    ``(C) mailed;
            ``(2) the visual depiction was produced or transmitted 
        using materials that have been--
                    ``(A) mailed; or
                    ``(B) shipped or transported in or affecting 
                interstate or foreign commerce by any means, including 
                by computer;
            ``(3) the visual depiction has actually been--
                    ``(A) transported or transmitted using any means or 
                facility of interstate or foreign commerce;
                    ``(B) transported or transmitted in or affecting 
                interstate or foreign commerce; or
                    ``(C) mailed; or
            ``(4) any part of the offense occurred in a territory or 
        possession of the United States or within the special maritime 
        and territorial jurisdiction of the United States.'';
                    (B) in section 2251A--
                            (i) in subsection (a)--
                                    (I) in the matter preceding 
                                paragraph (1), by inserting ``or 
                                control'' after ``transfer custody'';
                                    (II) by striking paragraph (1) and 
                                inserting the following:
            ``(1) with knowledge that, as a consequence of the sale or 
        transfer, the minor will be--
                    ``(A) portrayed in any visual depiction engaging 
                in, or assisting another person to engage in, sexually 
                explicit conduct; or
                    ``(B) intentionally included in any visual 
                depiction of an adult engaging in sexually explicit 
                conduct in the presence of the minor; or''; and
                                    (III) in paragraph (2)--
                                            (aa) in the matter 
                                        preceding subparagraph (A), by 
                                        striking ``either'';
                                            (bb) in subparagraph (A), 
                                        by striking ``or'' at the end;
                                            (cc) in subparagraph (B), 
                                        by adding ``or'' at the end; 
                                        and
                                            (dd) by inserting after 
                                        subparagraph (B) the following:
                    ``(C) the intentional inclusion of the minor in any 
                visual depiction of an adult engaging in sexually 
                explicit conduct in the presence of the minor;''; and
                            (ii) in subsection (b)--
                                    (I) by striking paragraph (1) and 
                                inserting the following:
            ``(1) with knowledge that, as a consequence of the purchase 
        or obtaining of custody or control, the minor will be--
                    ``(A) portrayed in any visual depiction engaging 
                in, or assisting another person to engage in, sexually 
                explicit conduct; or
                    ``(B) intentionally included in any visual 
                depiction of an adult engaging in sexually explicit 
                conduct in the presence of the minor; or''; and
                                    (II) in paragraph (2)--
                                            (aa) in the matter 
                                        preceding subparagraph (A), by 
                                        striking ``either'';
                                            (bb) in subparagraph (A), 
                                        by striking ``or'' at the end;
                                            (cc) in subparagraph (B), 
                                        by adding ``or'' at the end; 
                                        and
                                            (dd) by inserting after 
                                        subparagraph (B) the following:
                    ``(C) the intentional inclusion of the minor in any 
                visual depiction of an adult engaging in sexually 
                explicit conduct in the presence of the minor;'';
                    (C) in section 2252(a)--
                            (i) in paragraph (1), by striking 
                        subparagraphs (A) and (B) and inserting the 
                        following:
                    ``(A) the producing of such visual depiction 
                involves the use of a minor engaging in sexually 
                explicit conduct and such visual depiction is of such 
                conduct; or
                    ``(B) the producing of such visual depiction 
                involves an adult engaging in sexually explicit conduct 
                in the presence of a minor, such visual depiction is of 
                such conduct, and the minor is intentionally included 
                in the visual depiction;'';
                            (ii) in paragraph (2), by striking 
                        subparagraphs (A) and (B) and inserting the 
                        following:
                    ``(A) the producing of such visual depiction 
                involves the use of a minor engaging in sexually 
                explicit conduct and such visual depiction is of such 
                conduct; or
                    ``(B) the producing of such visual depiction 
                involves an adult engaging in sexually explicit conduct 
                in the presence of a minor, such visual depiction is of 
                such conduct, and the minor is intentionally included 
                in the visual depiction;'';
                            (iii) in paragraph (3)(B), by striking 
                        clauses (i) and (ii) and inserting the 
                        following:
                            ``(i) the producing of such visual 
                        depiction involves the use of a minor engaging 
                        in sexually explicit conduct and such visual 
                        depiction is of such conduct; or
                            ``(ii) the producing of such visual 
                        depiction involves an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor, such visual depiction is of such 
                        conduct, and the minor is intentionally 
                        included in the visual depiction;''; and
                            (iv) in paragraph (4)(B), by striking 
                        clauses (i) and (ii) and inserting the 
                        following:
                            ``(i) the producing of such visual 
                        depiction involves the use of a minor engaging 
                        in sexually explicit conduct and such visual 
                        depiction is of such conduct; or
                            ``(ii) the producing of such visual 
                        depiction involves an adult engaging in 
                        sexually explicit conduct in the presence of a 
                        minor, such visual depiction is of such 
                        conduct, and the minor is intentionally 
                        included in the visual depiction;'';
                    (D) in section 2256--
                            (i) in paragraph (8)--
                                    (I) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) the production of such visual depiction 
                involves--
                            ``(i) the use of a minor engaging in 
                        sexually explicit conduct; or
                            ``(ii) an adult engaging in sexually 
                        explicit conduct in the presence of a minor and 
                        the intentional inclusion of the minor in the 
                        visual depiction;''; and
                                    (II) in subparagraph (B), by 
                                inserting after ``sexually explicit 
                                conduct'' the following: ``or that of a 
                                minor intentionally included in such 
                                visual depiction of an adult engaging 
                                in sexually explicit conduct''; and
                                    (III) in subparagraph (C), by 
                                inserting after ``sexually explicit 
                                conduct.'' the following: ``or is 
                                intentionally included in such visual 
                                depiction of an adult engaging in 
                                sexually explicit conduct'';
                            (ii) in paragraph (9), by striking the 
                        period at the end and inserting a semicolon;
                            (iii) in paragraph (10), by striking 
                        ``and'' at the end;
                            (iv) in paragraph (11), by striking the 
                        period at the end and inserting ``; and''; and
                            (v) adding at the end the following:
            ``(12) the terms `uses any minor to engage in', `the use of 
        a minor engaging in', and `in the presence of a minor' do not 
        require--
                    ``(A) the minor to be aware of, or to be capable of 
                appraising the nature of, the sexually explicit 
                conduct; or
                    ``(B) any direct engagement or active participation 
                by the minor in the sexually explicit conduct.''; and
                    (E) in section 2260--
                            (i) by striking subsection (a) and 
                        inserting the following:
    ``(a) Use of Minor.--A person who, outside the United States, 
engages in any of the following conduct, intending that the visual 
depiction will be imported or transmitted into the United States or 
into waters within 12 miles of the coast of the United States, shall be 
punished as provided in subsection (c):
            ``(1) Employs, uses, persuades, induces, entices, or 
        coerces a minor to engage in any sexually explicit conduct for 
        the purpose of producing any visual depiction of such conduct 
        or transmitting a live visual depiction of such conduct.
            ``(2) Employs, uses, persuades, induces, entices, or 
        coerces a minor to engage in any sexually explicit conduct and 
        in the course thereof, knowingly produces or causes to be 
        produced any visual depiction of such conduct, or transmits or 
        causes to be transmitted a live visual depiction of such 
        conduct.
            ``(3) Engages in sexually explicit conduct in the presence 
        of a minor for the purpose of producing any visual depiction of 
        such conduct or transmitting a live visual depiction of such 
        conduct, intending that the minor be included in such visual 
        depiction.
            ``(4) Engages in sexually explicit conduct in the presence 
        of a minor and in the course thereof, knowingly produces or 
        causes to be produced any visual depiction of such conduct, or 
        transmits or causes to be transmitted a live visual depiction 
        of such conduct, intentionally including the minor in such 
        visual depiction.
            ``(5) Has a minor assist any other person to engage in any 
        sexually explicit conduct during the commission of an offense 
        set forth in paragraphs (1) through (4) of this subsection.
            ``(6) Transports any minor in or affecting foreign commerce 
        with the intent that such minor be used in the production or 
        live transmission of any visual depiction of a minor engaged in 
        any sexually explicit conduct.''; and
                            (ii) in subsection (b), by striking 
                        ``visual depiction of a minor engaging in 
                        sexually explicit conduct (if the production of 
                        the visual depiction involved the use of a 
                        minor engaging in sexually explicit conduct), 
                        intending that the visual depiction'' and 
                        inserting ``child pornography (as defined in 
                        section 2256(8)(A)), intending that the child 
                        pornography''.
                                 <all>