[Congressional Record Volume 170, Number 173 (Thursday, November 21, 2024)]
[Senate]
[Pages S6734-S6735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING CHILD EXPLOITATION ENFORCEMENT ACT
Mr. HELMY. Madam President, I ask unanimous consent that the
Committee on the Judiciary be discharged from further consideration of
S. 4708 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 4708) to amend title 18, United States Code, to
modify provisions relating to kidnapping, sexual abuse, and
illicit sexual conduct with respect to minors.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Mr. HELMY. I ask unanimous consent that the Cornyn amendment at the
desk be considered and agreed to; that the bill, as amended, be
considered and read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3306) was agreed to, as follows:
(Purpose: To make a technical amendment)
In section 2(a)(3), in the matter preceding subparagraph
(A), strike ``2423(f)(1)'' and insert ``2423(g)(1)''.
The bill (S. 4708), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed as follows:
S. 4708
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 ``Strengthening Child
Exploitation Enforcement Act''.
SEC. 2. KIDNAPPING; SEXUAL ABUSE; ILLICIT SEXUAL CONDUCT WITH
RESPECT TO MINORS.
(a) In General.--Part I of 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,'';
(B) in subsection (b), by inserting ``obtained by
defrauding or deceiving any person,'' after ``abducted,'';
and
(C) 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 conduct
of the offender, 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(c), by striking ``crosses a State
line'' and inserting ``travels in interstate or foreign
commerce'';
(B) in section 2242(3), by striking ``, to include doing
so'' and inserting ``or'';
(C) in section 2243, by adding at the end the following:
``(f) Intentional Touching Involving Individuals Under the
Age of 16.--
``(1) Offense.--It shall be unlawful, in the special
maritime and territorial jurisdiction of the United States or
in a Federal prison, or in any prison, institution, or
facility in which persons are held in custody by direction of
or pursuant to a contract or agreement with the head of any
Federal department or agency, to knowingly cause the
intentional touching, not through the clothing, of the
genitalia of any person by a person who has not attained the
age of 16 years, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person, or attempt to do so, if to do so would violate
subsection (a), (b), or (c) of this section, section 2241, or
section 2242 had such intentional touching been a sexual act.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned as provided in the
applicable provision of law described in that paragraph, or
both.''; and
(D) in section 2244--
(i) in subsection (a)--
(I) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), 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'';
[[Page S6735]]
(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 ``3'';
(dd) in subparagraph (C), as so redesignated, by striking
``two'' and inserting ``2'';
(ee) in subparagraph (D), as so redesignated, by striking
``two'' and inserting ``2''; and
(ff) in subparagraph (F), as so redesignated, by striking
the semicolon at the end and inserting a period; 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
(3) in section 2423(g)(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) shall
apply to conduct that occurred before, on, or after the date
of enactment of this Act.
SEC. 3. CONFORMING AMENDMENTS RELATING TO ABUSIVE SEXUAL
CONTACT.
(a) Penalties for Civil Rights Offenses Involving Sexual
Misconduct.--Section 250(b) of title 18, United States Code,
is amended--
(1) in paragraph (2), by striking ``section 2244(a)(5),''
and inserting ``section 2244(a)(1)(E), or an attempt to
engage in or cause such contact as prohibited by section
2244(a)(2),'';
(2) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``subsection (a)(1) or (b) of section 2244,
but excluding abusive sexual contact through the clothing''
and inserting ``section 2244(a)(1)(A), an attempt to engage
in or cause such contact as prohibited by section 2244(a)(2),
or abusive sexual contact of the type prohibited by section
2244(b), but excluding abusive sexual contact through the
clothing or an attempt to engage in or cause such contact'';
(3) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``section 2244(a)(2)'' and inserting
``section 2244(a)(1)(B) or an attempt to engage in or cause
such contact as prohibited by section 2244(a)(2)''; and
(4) in paragraph (6), in the matter preceding subparagraph
(A), by striking ``subsection (a)(3), (a)(4), or (b) of
section 2244'' and inserting ``subparagraph (C) or (D) of
section 2244(a)(1), an attempt to engage in or cause such
contact as prohibited by section 2244(a)(2), or abusive
sexual contact of the type prohibited by section 2244(b)''.
(b) Sentencing Classification of Offenses.--Section 3559 of
title 18, United States Code, is amended--
(1) in subsection (c)(2)(F)(i), by striking ``sections
2244(a)(1) and (a)(2)'' and inserting ``subparagraphs (A) and
(B) of section 2244(a)(1)''; and
(2) in subsection (e)(2)(A), by striking ``2244(a)(1)'' and
inserting ``2244(a)(1)(A)''.
Mr. HELMY. I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey.
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