[Congressional Record Volume 164, Number 57 (Tuesday, April 10, 2018)]
[House]
[Pages H3078-H3080]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      COMBAT ONLINE PREDATORS ACT

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4203) to amend title 18, United States Code, with regard to 
stalking, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4203

       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 ``Combat Online Predators 
     Act''.

     SEC. 2. ENHANCED PENALTY FOR STALKERS OF CHILDREN.

       (a) In General.--Chapter 110A of title 18, United States 
     Code, is amended by inserting after section 2261A the 
     following:

     ``Sec. 2261B. Enhanced penalty for stalkers of children

       ``If the victim of an offense under section 2261A is under 
     the age of 18 years, the maximum imprisonment for the offense 
     is 5 years greater than the maximum term of imprisonment 
     otherwise provided for that offense in section 2261.''.

[[Page H3079]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 110A of title 18, United States Code, is 
     amended by inserting after the item relating to section 2261A 
     the following new item:

``2261B. Enhanced penalty for stalkers of children.''.

       (c) Conforming Amendment.--Section 2261A of title 18, 
     United States Code, is amended by striking ``section 2261(b) 
     of this title'' and inserting ``section 2261(b) or section 
     2262B, as the case may be''.

     SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF 
                   ANTI-STALKING LAWS.

       Not later than one year after the date of the enactment of 
     this Act, the Attorney General shall submit a report to 
     Congress, which shall--
       (1) include an evaluation of Federal, tribal, State, and 
     local efforts to enforce laws relating to stalking; and
       (2) identify and describe those elements of such efforts 
     that constitute the best practices for the enforcement of 
     such laws.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Goodlatte) and the gentlewoman from Texas (Ms. Jackson 
Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.

                              {time}  1815


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4203, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today I am pleased we are voting on H.R. 4203, the 
Combat Online Predators Act. This legislation increases the maximum 
criminal penalty for those who stalk children and obligates the 
Department of Justice to report best practices for prosecuting stalking 
laws at the State and local levels.
  According to the National Center for Victims of Crime, approximately 
7.5 million people are stalked each year. While stalking may not 
involve physical harm, the psychological effects from being stalked can 
be just as severe. Stalking victims live in constant fear of violence. 
They fear it will never stop.
  In fact, the prevalence of anxiety, insomnia, social dysfunction, and 
severe depression is much higher amongst stalking victims than the 
general population. About half of all victims of stalking indicate that 
they were stalked before age 25, and about 14 percent of female victims 
and 16 percent of male victims experienced stalking between the ages of 
11 and 17.
  Mr. Speaker, the unfortunate reality is that, in the internet age, 
stalking our Nation's youth has become easier for predators. Predators 
can now harass children in their homes--the very places our children 
should be safest--and can even do so anonymously.
  H.R. 4203 recognizes that those who stalk minors should be subject to 
greater criminal penalties. The bill increases the maximum allowable 
prison sentence by 5 years in cases in which the victim is a minor. No 
child should live in constant fear for their own safety, and this bill 
will further deter predators from such conduct.
  Stalking cases are also notoriously difficult to prosecute because 
they require showing repeated intentional harassment. It is important 
for prosecutors to be able to reference best practices in investigating 
and prosecuting these cases. Therefore, H.R. 4203 requires the Attorney 
General to issue a report identifying best practices in bringing these 
cases.
  Mr. Speaker, I would like to thank the lead sponsor of this 
legislation, Congressman Brian Fitzpatrick from Pennsylvania. This bill 
was approved with unanimous, bipartisan support by the House Judiciary 
Committee, and I urge my colleagues in the House to support this 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this is a very important bill, and it is a continuation 
of the recognition of the United States Congress, Republicans and 
Democrats, on the importance of dealing with online privacy.
  In the backdrop of Mr. Zuckerberg testifying in the United States 
Senate, this bill deals with those who would do dastardly things 
online. So I rise in support of H.R. 4203, the Combat Online Predators 
Act of 2017.
  This legislation would increase the maximum penalty under current law 
for stalking offenses when the victim is a minor. Obviously, this is 
something that is equal to online bullying, in some sense. Stalking is 
a crime that impacts both adults and young people alike. Unfortunately, 
it does not receive the urgent attention it warrants, although it 
severely threatens the safety and the lives of our children as much as 
other prevalent crimes.
  Stalking is one of four enumerated offenses included in the Violence 
Against Women Act. As we look to reauthorize that bill, I ask that we 
all take a closer look at stalking provisions.
  Let me thank the gentleman from Pennsylvania (Mr. Fitzpatrick), and 
the gentlewoman from Florida (Mrs. Murphy) for their collaboration and 
excellent work in trying to stop the surge of online predators 
utilizing the cyber system to stalk young people.
  Given the overwhelming use of the internet and social media across 
the globe, and technological innovations that otherwise enhance our 
daily lives, online stalking poses a great danger to young people in 
that it becomes much easier to carry out this crime and intensify its 
intrusiveness. The terrible, abusive nature of this crime is especially 
magnified when the victim is a child or an adolescent.
  This widespread problem requires our immediate attention, 
particularly in this new era where information is easily ascertained, 
disseminated, and compromised by bad actors and, at times, by 
providers--even when done so inadvertently.
  Current Federal law prohibits narrowly defined instances of stalking, 
whether accomplished via interstate travel or electronic means. The 
Combat Online Predators Act of 2017 seeks to address the greater harm 
that can be inflicted on young victims of stalking. It does this by 
increasing the maximum prison sentence by 5 years for stalking offenses 
committed against victims under the age of 18.
  Online predators are sexual predators who use information and 
communication technology to locate, target, and victimize minors. A 
common forum used to target children include chat rooms, instant 
messaging, or social networking sites for the purpose of flirting and 
the ultimate goal of meeting and engaging in sexual activities, either 
online or in person.
  For many young victims, the suffering inflicted as a result of 
stalking can last a lifetime. In fact, research shows children and 
adolescents who are victims of stalking are more likely to become 
victims of stalking as adults. Given the alarming number of children 
targeted, this result is terrifying for the children, for their family 
members, and for a lifetime.
  Action Against Stalking released a 2012 report that states: ``273 
children were targeted by predators they did not know who tried to--or 
did--snatch them.''

  There was an attempted kidnapping in my community just a few days 
ago--not online, but physically--when children were traveling together 
for an outing. Fifty-two children were snatched. In 22 cases, the 
offender attempted to take a child in front of their parent. Four cases 
involved an attempt to take a child from a shopping center.
  So this legislation is crucial, and I am delighted to support this 
legislation because it provides a reasonable means of protecting our 
young people from stalking, whether online or in person. It helps to 
ensure that these vulnerable individuals are shielded from the 
potentially devastating and long-term physical and mental scars that 
stalking can inflict.
  It punishes those who seek to do harm. When a course of harassment 
and intimidation occurs and rises to the level of stalking by placing 
the victim in reasonable fear of death or serious bodily injury, it is 
appropriate that law enforcement intervene. This can be critical to our 
young people, and it is important when people are victimized that we 
understand that this may

[[Page H3080]]

occur in person; online; via cellphones, computers, email, text 
messages; and on social media by what we call cyber stalking.
  The increased maximum penalty for offenses against minors is a 
sensible modification. I look forward to the continuing debate and ask 
my colleagues to listen carefully as this debate proceeds.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, at this time, it is my pleasure to yield 
such time as he may consume to the gentleman from Pennsylvania (Mr. 
Fitzpatrick), the chief sponsor of the legislation.
  Mr. FITZPATRICK. Mr. Speaker, I want to thank the House Judiciary 
Committee, the chairman and ranking member, for unanimously advancing 
the Combat Online Predators Act for full consideration of the House 
today. I am also very appreciative of the gentlewoman from Florida 
(Mrs. Murphy) for her tireless, bipartisan leadership in protecting our 
Nation's children.
  This bipartisan legislation was inspired by the story of the Zezzo 
family of Bucks County, Pennsylvania, whose teenage daughter, Madison, 
was cyber stalked by a friend's father on social media. Despite the 
stalking being sexual in nature, the then-51-year-old stalker pleaded 
guilty only to a misdemeanor stalking charge and was sentenced to 
probation and counseling. Three years later, in 2016, the very same 
stalker began making contact again. This time he was arrested in a 
sting operation by local police and sentenced to between 18 months and 
7 years in State prison.
  Mr. Speaker, the Zezzo family is here with us today. Their story is 
the reason that this legislation was written and the reason it will get 
a full floor vote in the U.S. House of Representatives today.
  When I first met the Zezzo family in my office, their sense of fear 
and anxiety was evident. After hearing of the disturbing story of cyber 
stalking endured by this young girl and her family for years, it was 
clear that something needed to be done. As legislators and as citizens, 
we have no higher calling and no higher responsibility than to protect 
our children.
  We must do everything we can to forcefully respond to egregious 
instances of stalking and cyber stalking, especially when committed 
against minors. Our children are the most vulnerable among us.
  Mr. Speaker, stories like this, unfortunately, are too common in this 
country, and they do not always end with a stalker in custody. The 
Combat Online Predators Act ensures that not only are we increasing 
penalties for these crimes, but also requiring Federal law enforcement 
officials to evaluate and update best practices to combat online 
stalking and online bullying.
  This bill provides enhanced criminal penalties for stalkers under 
title 18 of the U.S. Code, giving judges more flexibility to impose 
harsher punishments. Additionally, the Attorney General and the 
Department of Justice will be required to produce an evaluation of 
Federal, State, and local efforts to enforce laws relating to cyber 
stalking and identify and describe elements of these law enforcement 
efforts that constitute best practices around the Nation.
  Cyber stalking is a serious crime that needs to be met with stricter 
penalties and more cooperation amongst law enforcement agencies both on 
the Federal, State, and local level.
  The Combat Online Predators Act is the first step in making the 
internet a safer environment for all users, especially our children. 
This step cannot come soon enough as the National Center for Victims of 
Crime stated in its endorsement of this legislation: ``In today's age 
where children can be stalked both in person and online, we must ensure 
that our laws provide real justice for our most vulnerable victims.''
  Mr. Speaker, I want to thank the Zezzo family and, in particular, 
Madison Zezzo for sharing her story so that kids across this Nation can 
be protected.
  Ms. JACKSON LEE. Mr. Speaker, it is my pleasure to yield 1 minute to 
the gentlewoman from Florida (Mrs. Murphy), the original cosponsor, 
along with Mr. Fitzpatrick of this bill.
  Mrs. MURPHY of Florida. Mr. Speaker, I am proud to be the lead 
Democrat on this bill, and I want to thank my colleague and friend 
Congressman Brian Fitzpatrick for his leadership on this important 
issue.
  This bipartisan legislation toughens Federal antistalking laws by 
increasing the penalty for convicted defendants by up to 5 additional 
years when their victim is a minor. The bill also requires the 
Department of Justice to review the enforcement of stalking laws at the 
State and Federal level and to identify best practices for enforcing 
such laws. Publishing best practices will help law enforcement agencies 
and prosecutors around the country secure convictions in these 
difficult cases.
  There is nothing more important than protecting our children from 
harm. Those adults who harass or intimidate minors, whether in 
cyberspace or in our communities, must understand that the penalty for 
their conduct will be severe.

  Mr. Speaker, I am pleased the House will approve this bill today, and 
I urge the Senate to swiftly do the same.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Let me thank the two original cosponsors of this legislation, the 
gentleman from Pennsylvania (Mr. Fitzpatrick) and the gentlewoman from 
Florida (Mrs. Murphy), for their leadership.
  As technology advances, we are faced with more and more challenges. 
It is important to note that, among female victims of stalking, an 
estimated 16.3 percent were first stalked before the age of 18, and an 
estimated 3.5 percent between the ages of 11 and 17.
  Of the male stalking victims, an estimated 20.5 percent first 
experienced stalking before the age of 18--this is clearly legislation 
that is needed--while 16.2 percent were first stalked before the age of 
11 and 17.
  This underlying bill is to help protect our children. This 
legislation does not require mandatory minimums. This sentencing that 
has been included is at the discretion of the judge, but as we reckon 
with the question of privacy, cybersecurity, protecting our children 
from bullying, this legislation is very important to move us one step 
forward to provide a safe place of learning and also a place of quality 
as our children grow in this Nation.
  Mr. Speaker, I ask for support of the underlying bill, and I yield 
back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time, 
only to urge my colleagues to support this very strong, bipartisan 
legislation.
  I want to congratulate the gentleman from Pennsylvania (Mr. 
Fitzpatrick) and the gentlewoman from Florida (Mrs. Murphy). I want to 
thank the ranking member of our Crime, Terrorism, Homeland Security, 
and Investigations Subcommittee for her work in this area.
  Mr. Speaker, I urge all of my colleagues to support this important 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Goodlatte) that the House suspend the 
rules and pass the bill, H.R. 4203, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________