[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.
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