[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 112-206
112th Congress
An Act
To amend title 18, United States Code, with respect to child pornography
and child exploitation offenses. <>
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 ``Child Protection Act of 2012''.
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age, such
person shall be fined under this title and imprisoned for not more than
20 years, or if''.
SEC. 3. PROTECTION OF CHILD WITNESSES.
(a) Civil Action To Restrain Harassment of a Victim or Witness.--
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,'' after
``attorney for the Government,''; and
(ii) by inserting ``or investigation'' after
``Federal criminal case'' each place it appears;
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) <> In the case of a
minor witness or victim, the court shall issue a protective
order prohibiting harassment or intimidation of the minor victim
or witness if the court finds evidence that the conduct at issue
is reasonably likely to adversely affect the willingness of the
minor witness or victim to testify
[[Page 1491]]
or otherwise participate in the Federal criminal case or
investigation. Any hearing regarding a protective order under
this paragraph shall be conducted in accordance with paragraphs
(1) and (3), except that the court may issue an ex parte
emergency protective order in advance of a hearing if exigent
circumstances are present. If
such <> an ex parte order is applied
for or issued, the court shall hold a hearing not later than 14
days after the date such order was applied for or is issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) <> Whoever knowingly and intentionally
violates or attempts to violate an order issued under this section shall
be fined under this title, imprisoned not more than 5 years, or both.
``(d)(1) <> As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity of
purpose;
``(B) the term `harassment' means a serious act or course of
conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning give that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) <> For purposes of subparagraphs (B)(ii) and
(D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by
the person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement as
a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism, or
national security investigation.''.
[[Page 1492]]
(b) Sentencing Guidelines.--Pursuant <> to its authority under section 994 of title 28, United States
Code, and in accordance with this section, the United States Sentencing
Commission shall review and, if appropriate, amend the Federal
sentencing guidelines and policy statements to ensure--
(1) that the guidelines provide an additional penalty
increase above the sentence otherwise applicable in Part J of
Chapter 2 of the Guidelines Manual if the defendant was
convicted of a violation of section 1591 of title 18, United
States Code, or chapters 109A, 109B, 110, or 117 of title 18,
United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase above the sentence
otherwise applicable in Part J of Chapter 2 of the Guidelines
Manual.
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX
OFFENDERS.
(a) Administrative Subpoenas.--
(1) In general.--Section 3486(a)(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``or'' at the
end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(B) in subparagraph (D)--
(i) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and Notification
Act (42 U.S.C. 16901 et seq.).''.
(2) Technical and conforming amendments.--Section 3486(a) of
title 18, United States Code, is amended--
(A) in paragraph (6)(A), by striking ``United
State'' and inserting ``United States'';
(B) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(C) in paragraph (10), by striking ``paragraph
(1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.
(b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United
States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
[[Page 1493]]
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR
ICAC TASK FORCES.
Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION.
Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42 U.S.C.
17611(d)(1)) is amended--
(1) by striking ``to be responsible'' and inserting the
following: ``with experience in investigating or prosecuting
child exploitation cases as the National Coordinator for Child
Exploitation Prevention and Interdiction who shall be
responsible''; and
(2) by adding at the end the following: ``The National
Coordinator for Child Exploitation Prevention and Interdiction
shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.
Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C.
17617(a)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end; and
(3) by inserting after paragraph (5) the following:
``(6) $60,000,000 for fiscal year 2014;
``(7) $60,000,000 for fiscal year 2015;
``(8) $60,000,000 for fiscal year 2016;
``(9) $60,000,000 for fiscal year 2017; and
``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.
Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the status of the Attorney General's establishment of
the National Internet Crimes Against
[[Page 1494]]
Children Data System required to be established under section 105 of the
PROTECT Our Children Act of 2008 (42 U.S.C. 17615).
Approved December 7, 2012.
LEGISLATIVE HISTORY--H.R. 6063:
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HOUSE REPORTS: No. 112-638 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 158 (2012):
July 31, Aug. 1, considered and passed House.
Nov. 26, considered and passed Senate.