[110th Congress Public Law 358]
[From the U.S. Government Printing Office]


[DOCID: f:publ358.110]

[[Page 122 STAT. 4001]]

Public Law 110-358
110th Congress

                                 An Act


 
  To amend title 18, United States Code, to provide for more effective 
    prosecution of cases involving child pornography, and for other 
            purposes. <<NOTE: Oct. 8, 2008 -  [H.R. 4120]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

      TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

Sec.  <<NOTE: 18 USC 1 note.>> 101. Short title.

Sec. 102. Findings.
Sec. 103. Clarifying ban of child pornography.

 TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT 
                                 OF 2007

Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view 
           child pornography.

    TITLE I-- <<NOTE: Effective Child Pornography Prosecution Act of 
2007.>> EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
SEC. 101. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This title may be cited as the ``Effective Child Pornography 
Prosecution Act of 2007''.
SEC. 102. <<NOTE: 18 USC 2251 note.>> FINDINGS.

    Congress finds the following:
            (1) Child pornography is estimated to be a multibillion 
        dollar industry of global proportions, facilitated by the growth 
        of the Internet.
            (2) Data has shown that 83 percent of child pornography 
        possessors had images of children younger than 12 years old, 39 
        percent had images of children younger than 6 years old, and 19 
        percent had images of children younger than 3 years old.
            (3) Child pornography is a permanent record of a child's 
        abuse and the distribution of child pornography images 
        revictimizes the child each time the image is viewed.
            (4) Child pornography is readily available through virtually 
        every Internet technology, including Web sites, email, instant

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        messaging, Internet Relay Chat, newsgroups, bulletin boards, and 
        peer-to-peer.
            (5) The technological ease, lack of expense, and anonymity 
        in obtaining and distributing child pornography over the 
        Internet has resulted in an explosion in the multijurisdictional 
        distribution of child pornography.
            (6) The Internet is well recognized as a method of 
        distributing goods and services across State lines.
            (7) The transmission of child pornography using the Internet 
        constitutes transportation in interstate commerce.
SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.

    (a) In General.--Chapter 110 of title 18, United States Code, is 
amended--
            (1) in section 2251--
                    (A) in each of subsections (a), (b), and (d), by 
                inserting ``using any means or facility of interstate or 
                foreign commerce or'' after ``be transported'';
                    (B) in each of subsections (a) and (b), by inserting 
                ``using any means or facility of interstate or foreign 
                commerce or'' after ``been transported'';
                    (C) in subsection (c), by striking ``computer'' each 
                place that term appears and inserting ``using any means 
                or facility of interstate or foreign commerce''; and
                    (D) in subsection (d), by inserting ``using any 
                means or facility of interstate or foreign commerce or'' 
                after ``is transported'';
            (2) in section 2251A(c), by inserting ``using any means or 
        facility of interstate or foreign commerce or'' after ``or 
        transported'';
            (3) in section 2252(a)--
                    (A) in paragraph (1), by inserting ``using any means 
                or facility of interstate or foreign commerce or'' after 
                ``ships'';
                    (B) in paragraph (2)--
                          (i) by inserting ``using any means or facility 
                      of interstate or foreign commerce or'' after 
                      ``distributes, any visual depiction''; and
                          (ii) by inserting ``using any means or 
                      facility of interstate or foreign commerce or'' 
                      after ``depiction for distribution'';
                    (C) in paragraph (3)--
                          (i) by inserting ``using any means or facility 
                      of interstate or foreign commerce'' after ``so 
                      shipped or transported''; and
                          (ii) by striking ``by any means,''; and
                    (D) in paragraph (4), by inserting ``using any means 
                or facility of interstate or foreign commerce or'' after 
                ``has been shipped or transported''; and
            (4) in section 2252A(a)--
                    (A) in paragraph (1), by inserting ``using any means 
                or facility of interstate or foreign commerce or'' after 
                ``ships'';
                    (B) in paragraph (2), by inserting ``using any means 
                or facility of interstate or foreign commerce'' after 
                ``mailed, or'' each place it appears;

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                    (C) in paragraph (3), by inserting ``using any means 
                or facility of interstate or foreign commerce or'' after 
                ``mails, or'' each place it appears;
                    (D) in each of paragraphs (4) and (5), by inserting 
                ``using any means or facility of interstate or foreign 
                commerce or'' after ``has been mailed, or shipped or 
                transported''; and
                    (E) in paragraph (6), by inserting ``using any means 
                or facility of interstate or foreign commerce or'' after 
                ``has been mailed, shipped, or transported''.

    (b) Affecting Interstate Commerce.--Chapter 110 of title 18, United 
States Code, is amended in each of sections 2251, 2251A, 2252, and 
2252A, by striking ``in interstate'' each place it appears and inserting 
``in or affecting interstate''.
    (c) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United 
States Code, is amended by inserting ``, shipped, or transported using 
any means or facility of interstate or foreign commerce'' after ``that 
has been mailed''.
    (d) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18, 
United States Code, is amended by striking ``or by transmitting'' and 
all that follows through ``by computer,'' and inserting ``or any means 
or facility of interstate or foreign commerce,''.

    TITLE II-- <<NOTE: Enhancing the Effective Prosecution of Child 
Pornography Act of 2007.>> ENHANCING THE EFFECTIVE PROSECUTION OF CHILD 
PORNOGRAPHY ACT OF 2007
SEC. 201. <<NOTE: 18 USC 1 note.>> SHORT TITLE.

    This title may be cited as the ``Enhancing the Effective Prosecution 
of Child Pornography Act of 2007''.
SEC. 202. MONEY LAUNDERING PREDICATE.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended by 
inserting ``section 2252A (relating to child pornography) where the 
child pornography contains a visual depiction of an actual minor 
engaging in sexually explicit conduct, section 2260 (production of 
certain child pornography for importation into the United States),'' 
before ``section 2280''.
SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO 
                        VIEW CHILD PORNOGRAPHY.

    (a) Materials Involving Sexual Exploitation of Minors.--Section 
2252(a)(4) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and
            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.

    (b) Materials Constituting or Containing Child Pornography.--Section 
2252A(a)(5) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''; and

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            (2) in subparagraph (B), by inserting ``, or knowingly 
        accesses with intent to view,'' after ``possesses''.

    Approved October 8, 2008.

LEGISLATIVE HISTORY--H.R. 4120:
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CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Nov. 13, 14, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Sept. 23, considered and passed 
                                        Senate, amended.
                                    Sept. 26, House concurred in Senate 
                                        amendment.

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