[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>