Home > 105th Congressional Bills > H.R. 3494 (ih) To amend title 18, United States Code, with respect to violent sex crimes against children, and for other purposes. ...H.R. 3494 (ih) To amend title 18, United States Code, with respect to violent sex crimes against children, and for other purposes. ...
H.R.3494
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To amend title 18, United States Code, to protect children from sexual
abuse and exploitation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protection of
Children From Sexual Predators Act of 1998''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTION OF CHILDREN FROM PREDATORS
Sec. 101. Use of interstate facilities to transmit identifying
information about a minor for criminal sexual purposes.
Sec. 102. Coercion and enticement.
Sec. 103. Increased penalties for transportation of minors or assumed
minors for illegal sexual activity and related crimes.
Sec. 104. Repeat offenders in transportation offense.
Sec. 105. Inclusion of offenses relating to child pornography in
definition of sexual activity for which any person can be
charged with a criminal offense.
Sec. 106. Transportation generally.
TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY
Sec. 201. Additional jurisdictional base for prosecution of production
of child pornography.
Sec. 202. Increased penalties for child pornography offenses.
Sec. 203. ``Zero tolerance'' for possession of child pornography.
TITLE III--SEXUAL ABUSE PREVENTION
Sec. 301. Elimination of redundancy and ambiguities.
Sec. 302. Increased penalties for abusive sexual contact.
Sec. 303. Repeat offenders in sexual abuse cases.
TITLE IV--PROHIBITION ON TRANSFER OF OBSCENE MATERIAL TO MINORS
Sec. 401. Transfer of obscene material to minors.
TITLE V--INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR
REPEAT OFFENDERS
Sec. 501. Death or life in prison for certain offenses whose victims are
children.
Sec. 502. Sentencing enhancement for chapter 117 offenses.
Sec. 503. Increased penalties for use of a computer in the sexual abuse
or exploitation of a child.
Sec. 504. Increased penalties for knowing misrepresentation in the
sexual abuse or exploitation of a child.
Sec. 505. Increased penalties for pattern of activity of sexual
exploitation of children.
Sec. 506. Clarification of definition of distribution of pornography.
Sec. 507. Directive to the United States Sentencing Commission.
TITLE VI--CRIMINAL, PROCEDURAL, AND ADMINISTRATIVE REFORMS
Sec. 601. Pretrial detention of sexual predators.
Sec. 602. Criminal forfeiture for offenses against minors.
Sec. 603. Civil forfeiture for offenses against minors.
Sec. 604. Reporting of child pornography by electronic communication
service providers.
Sec. 605. Civil remedy for personal injuries resulting from certain sex
crimes against children.
Sec. 606. Administrative subpoenas.
Sec. 607. Grants to States to offset costs associated with sexually
violent offender registration requirements.
TITLE VII--MURDER AND KIDNAPPING INVESTIGATIONS
Sec. 701. Authority to investigate serial killings.
Sec. 702. Kidnapping.
Sec. 703. Morgan P. Hardiman Child Abduction and Serial Murder
Investigative Resources Center.
TITLE VIII--RESTRICTED ACCESS TO INTERACTIVE COMPUTER SERVICES
Sec. 801. Prisoner access.
Sec. 802. Recommended prohibition.
Sec. 803. Survey.
TITLE IX--STUDIES
Sec. 901. Study on limiting the availability of pornography on the
Internet.
Sec. 902. Study of hotlines.
TITLE I--PROTECTION OF CHILDREN FROM PREDATORS
SEC. 101. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING
INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL PURPOSES.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2425. Use of interstate facilities to transmit information about
a minor
``Whoever, using the mail or any facility or means of interstate or
foreign commerce, or within the special maritime and territorial
jurisdiction of the United States, knowingly initiates the transmission
of the name, address, telephone number, social security number, or
electronic mail address of another individual, knowing that such other
individual has not attained the age of 16 years, with the intent to
entice, encourage, offer, or solicit any person to engage in any sexual
activity for which any person can be charged with a criminal offense,
or attempts to do so, shall be fined under this title, imprisoned not
more than 5 years, or both.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 18, United States Code, is amended by adding at the end
the following:
``2425. Use of interstate facilities to transmit information about a
minor.''.
SEC. 102. COERCION AND ENTICEMENT.
Section 2422 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or attempts to do so,'' before ``shall
be fined''; and
(B) by striking ``five'' and inserting ``10''; and
(2) by striking subsection (b) and inserting the following:
``(b) Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States knowingly persuades,
induces, entices, or coerces any individual who has not attained the
age of 18 years, to engage in prostitution or any sexual activity for
which any person can be charged with a criminal offense, or attempts to
do so, shall be fined under this title, imprisoned not more than 15
years, or both.''.
SEC. 103. INCREASED PENALTIES FOR TRANSPORTATION OF MINORS OR ASSUMED
MINORS FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES.
Section 2423 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who knowingly transports an individual who has not
attained the age of 18 years in interstate or foreign commerce, or in
any commonwealth, territory or possession of the United States, with
intent that the individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal offense,
or attempts to do so, shall be fined under this title, imprisoned not
more than 15 years, or both.''; and
(2) in subsection (b), by striking ``10 years'' and inserting
``15 years''.
SEC. 104. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2426. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior sex offense
conviction shall be twice the term of imprisonment otherwise provided
by this chapter.
``(b) Definitions.--In this section--
``(1) the term `prior sex offense conviction' means a
conviction for an offense--
``(A) under this chapter, chapter 109A, or chapter 110; or
``(B) under State law for an offense consisting of conduct
that would have been an offense under a chapter referred to in
paragraph (1) if the conduct had occurred within the special
maritime and territorial jurisdiction of the United States; and
``(2) the term `State' means a State of the United States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 18, United States Code, is amended by adding at the end
the following:
``2426. Repeat offenders.''.
SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD PORNOGRAPHY IN
DEFINITION OF SEXUAL ACTIVITY FOR WHICH ANY PERSON CAN BE
CHARGED WITH A CRIMINAL OFFENSE.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2427. Inclusion of offenses relating to child pornography in
definition of sexual activity for which any person can be
charged with a criminal offense
``In this chapter, the term `sexual activity for which any person
can be charged with a criminal offense' includes the production of
child pornography, as defined in section 2256(8).''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 18, United States Code, is amended by adding at the end
the following:
``2427. Inclusion of offenses relating to child pornography in
definition of sexual activity for which any person can be
charged with a criminal offense.''.
SEC. 106. TRANSPORTATION GENERALLY.
Section 2421 of title 18, United States Code, is amended--
(1) by inserting ``or attempts to do so,'' before ``shall be
fined''; and
(2) by striking ``five years'' and inserting ``10 years''.
TITLE II--PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY
SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION
OF CHILD PORNOGRAPHY.
(a) Use of a Child.--Section 2251(a) of title 18, United States
Code, is amended by inserting ``if that visual depiction was produced
using materials that have been mailed, shipped, or transported in
interstate or foreign commerce by any means, including by computer,''
before ``or if''.
(b) Allowing Use of a Child.--Section 2251(b) of title 18, United
States Code, is amended by inserting ``, if that visual depiction was
produced using materials that have been mailed, shipped, or transported
in interstate or foreign commerce by any means, including by
computer,'' before ``or if''.
(c) Increased Penalties in Section 2251(d).--Section 2251(d) of
title 18, United States Code, is amended by striking ``or chapter
109A'' each place it appears and inserting ``, chapter 109A, or chapter
117''.
SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.
(a) Increased Penalties in Section 2252.--Section 2252(b) of title
18, United States Code, is amended--
(1) in each of paragraphs (1) and (2), by striking ``or chapter
109A'' and inserting ``, chapter 109A, or chapter 117''; and
(2) in paragraph (2), by striking ``the possession of child
pornography'' and inserting ``aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography''.
(b) Increased Penalties in Section 2252A.--Section 2252A(b) of
title 18, United States Code, is amended--
(1) in each of paragraphs (1) and (2), by striking ``or chapter
109A'' and inserting ``, chapter 109A, or chapter 117''; and
(2) in paragraph (2), by striking ``the possession of child
pornography'' and inserting ``aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography''.
SEC. 203. ``ZERO TOLERANCE'' FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Material Involving the Sexual Exploitation of Minors.--Section
2252 of title 18, United States Code, is amended--
(1) in subsection (a)(4), by striking ``3 or more'' each place
that term appears and inserting ``1 or more''; and
(2) by adding at the end the following:
``(c) Affirmative Defense.--It shall be an affirmative defense to a
charge of violating paragraph (4) of subsection (a) that the
defendant--
``(1) possessed less than three matters containing any visual
depiction proscribed by that paragraph; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to access
any visual depiction or copy thereof--
``(A) took reasonable steps to destroy each such visual
depiction; or
``(B) reported the matter to a law enforcement agency and
afforded that agency access to each such visual depiction.''.
(b) Material Constituting or Containing Child Pornography.--Section
2252A of title 18, United States Code, is amended--
(1) in subsection (a)(5), by striking ``3 or more images'' each
place that term appears and inserting ``an image''; and
(2) by adding at the end the following:
``(d) Affirmative Defense.--It shall be an affirmative defense to a
charge of violating subsection (a)(5) that the defendant--
``(1) possessed less than three images of child pornography;
and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to access
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