[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 353 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 353

To establish appropriate penalties for possession of child pornography, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2023

  Mr. Hawley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish appropriate penalties for possession of child pornography, 
                        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 ``Prosecutorial Remedies and Other 
Tools to end the Exploitation of Children Today Act of 2023'' or the 
``PROTECT Act of 2023''.

SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES.

    (a) In General.--Section 3553(b)(2) of title 18, United States 
Code, is amended by adding at the end the following:
                    ``(B) Child pornography offenders.--
                            ``(i) Definition.--In this subparagraph, 
                        the term `child pornography offense' means a 
                        violation of, or an attempt or conspiracy to 
                        violate, section 2251, 2251A, 2252(a), 
                        2252A(a), or 2260.
                            ``(ii) Facts proven during trial or 
                        admitted by the defendant.--Notwithstanding 
                        subparagraph (A), in sentencing a defendant 
                        convicted of a child pornography offense, a 
                        court shall impose a sentence of the kind, and 
                        that is not less than the minimum period in the 
                        sentencing range, referred to in subsection 
                        (a)(4), as determined based on facts proved 
                        beyond a reasonable doubt during a jury or 
                        bench trial and facts admitted by the defendant 
                        that are relevant to determining the kind and 
                        range of sentence, unless the court makes a 
                        finding described in clause (i), (ii), or (iii) 
                        of subparagraph (A).
                            ``(iii) Facts found by courts.--
                                    ``(I) In general.--Notwithstanding 
                                subparagraph (A), in sentencing a 
                                defendant convicted of a child 
                                pornography offense, a court shall 
                                consider, and may impose, a sentence of 
                                the kind, and within the sentencing 
                                range, referred to in subsection 
                                (a)(4), as determined based on all 
                                facts found by the court that are 
                                relevant to determining the kind and 
                                range of sentence.
                                    ``(II) Minimum period.--Nothing in 
                                subclause (I) shall authorize a court 
                                to impose a sentence that is less 
                                than--
                                            ``(aa) the minimum sentence 
                                        determined in accordance with 
                                        clause (ii); or
                                            ``(bb) the minimum sentence 
                                        otherwise required by 
                                        statute.''.
    (b) Penalties for Possession.--Chapter 110 of title 18, United 
States Code, is amended--
            (1) in section 2252(b)--
                    (A) by striking ``(1) Whoever violates, or attempts 
                or conspires to violate, paragraph (1), (2), or (3) of 
                subsection (a)'' and inserting ``Whoever violates, or 
                attempts or conspires to violate, subsection (a)''; and
                    (B) by striking paragraph (2); and
            (2) in section 2252A(b)--
                    (A) in paragraph (1), by inserting ``(5),'' after 
                ``(4),'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
                                 <all>