[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[Senate]
[Page S12212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      CHILD PROTECTION AND SEXUAL PREDATOR PUNISHMENT ACT OF 1998

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                 HATCH (AND OTHERS) AMENDMENT NO. 3811

  Mr. COATS (for Mr. Hatch for himself, Mr. Leahy, and Mr. DeWine) 
proposed an amendment to the bill (H.R. 3494) to amend title 18, United 
States Code, with respect to violent sex crimes against children, and 
for other purposes; as follows:

       On page 116, lines 22 and 23, strike ``territory'' and 
     insert ``commonwealth, territory,''.
       On page 118, strike lines 1 through 3, and insert the 
     following:
       ``(2) the term `State' means a State of the United States, 
     the District of Columbia, and any commonwealth, territory, or 
     possession of the United''.
       On page 132, lines 9 and 10, strike ``that provide probable 
     cause to believe that'' and insert ``from which''.
       On page 132, line 13, strike ``has occurred'' and insert 
     ``is apparent,''.
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                 HATCH (AND OTHERS) AMENDMENT NO. 3812

  Mr. COATS (for Mr. Hatch for himself, Mr. Leahy, Mr. DeWine, and Mr. 
Sessions) proposed an amendment to the bill, H.R. 3494, supra; as 
follows:

       On page 121, between lines 6 and 7, insert the following:

     SEC. 203. ``ZERO TOLERANCE'' FOR POSSESSION OF CHILD 
                   PORNOGRAPHY.

       (a) Material Involving the Sexual Exploitation of Minors.--
     Section 2252 of title 18, United States Code, is amended--
       (1) in subsection (a)(4), by striking ``3 or more'' each 
     place that term appears and inserting ``1 or more''; and
       (2) by adding at the end the following:
       ``(c) Affirmative Defense.--It shall be an affirmative 
     defense to a charge of violating paragraph (4) of subsection 
     (a) that the defendant--
       ``(1) possessed less than 3 matters containing any visual 
     depiction proscribed by that paragraph; and
       ``(2) promptly and in good faith, and without retaining or 
     allowing any person, other than a law enforcement agency, to 
     access any visual depiction or copy thereof--
       ``(A) took reasonable steps to destroy each such visual 
     depiction; or
       ``(B) reported the matter to a law enforcement agency and 
     afforded that agency access to each such visual depiction.''.
       (b) Material Constituting or Containing Child 
     Pornography.--Section 2252A of title 18, United States Code, 
     is amended--
       (1) in subsection (a)(5), by striking ``3 or more images'' 
     each place that term appears and inserting ``an image''; and
       (2) by adding at the end the following:
       ``(d) Affirmative Defense.--It shall be an affirmative 
     defense to a charge of violating subsection (a)(5) that the 
     defendant--
       ``(1) possessed less than 3 images of child pornography; 
     and
       ``(2) promptly and in good faith, and without retaining or 
     allowing any person, other than a law enforcement agency, to 
     access any image or copy thereof--
       ``(A) took reasonable steps to destroy each such image; or
       ``(B) reported the matter to a law enforcement agency and 
     afforded that agency access to each such image.''.

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