Home > 108th Congressional Public Laws > Pub.L. 108-022 To provide for the use and distribution of certain funds awarded to the Gila River Pima-Maricopa Indian Community, and for other purposes. ...

Pub.L. 108-022 To provide for the use and distribution of certain funds awarded to the Gila River Pima-Maricopa Indian Community, and for other purposes. ...


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[[Page 649]]

   PROSECUTORIAL REMEDIES AND OTHER TOOLS TO END THE EXPLOITATION OF 
                       CHILDREN TODAY ACT OF 2003

[[Page 117 STAT. 650]]

Public Law 108-21
108th Congress

                                 An Act


 
To prevent child abduction and the sexual exploitation of children, and 
        for other purposes. <<NOTE: Apr. 30, 2003 -  [S. 151]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003. 18 
USC 1 note.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prosecutorial 
Remedies and Other Tools to end the Exploitation of Children Today Act 
of 2003'' or ``PROTECT Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.

                     TITLE I--SANCTIONS AND OFFENSES

Sec. 101. Supervised release term for sex offenders.
Sec. 102. First degree murder for child abuse and child torture murders.
Sec. 103. Sexual abuse penalties.
Sec. 104. Stronger penalties against kidnapping.
Sec. 105. Penalties against sex tourism.
Sec. 106. Two strikes you're out.
Sec. 107. Attempt liability for international parental kidnapping.
Sec. 108. Pilot program for national criminal history background checks 
           and feasibility study.

                TITLE II--INVESTIGATIONS AND PROSECUTIONS

Sec. 201. Interceptions of communications in investigations of sex 
           offenses.
Sec. 202. No statute of limitations for child abduction and sex crimes.
Sec. 203. No pretrial release for those who rape or kidnap children.
Sec. 204. Suzanne's law.

                       TITLE III--PUBLIC OUTREACH

                         Subtitle A--AMBER Alert

Sec. 301. National coordination of AMBER alert communications network.
Sec. 302. Minimum standards for issuance and dissemination of alerts 
           through AMBER alert communications network.
Sec. 303. Grant program for notification and communications systems 
           along highways for recovery of abducted children.
Sec. 304. Grant program for support of AMBER alert communications plans.
Sec. 305. Limitation on liability.

     Subtitle B--National Center for Missing and Exploited Children

Sec. 321. Increased support.
Sec. 322. Forensic and investigative support of missing and exploited 
           children.
Sec. 323. Creation of cyber tipline.

              Subtitle C--Sex Offender Apprehension Program

Sec. 341. Authorization.

       Subtitle D--Missing Children Procedures in Public Buildings

Sec. 361. Short title.

[[Page 117 STAT. 651]]

Sec. 362. Definitions.
Sec. 363. Procedures in public buildings regarding a missing or lost 
           child.

                Subtitle E--Child Advocacy Center Grants

Sec. 381. Information and documentation required by Attorney General 
           under Victims of Child Abuse Act of 1990.

                       TITLE IV--SENTENCING REFORM

Sec. 401. Sentencing reform.

                   TITLE V--OBSCENITY AND PORNOGRAPHY

         Subtitle A--Child Obscenity and Pornography Prevention

Sec. 501. Findings.
Sec. 502. Improvements to prohibition on virtual child pornography.
Sec. 503. Certain activities relating to material constituting or 
           containing child pornography.
Sec. 504. Obscene child pornography.
Sec. 505. Admissibility of evidence.
Sec. 506. Extraterritorial production of child pornography for 
           distribution in the United States.
Sec. 507. Strengthening enhanced penalties for repeat offenders.
Sec. 508. Service provider reporting of child pornography and related 
           information.
Sec. 509. Investigative authority relating to child pornography.
Sec. 510. Civil remedies.
Sec. 511. Recordkeeping requirements.
Sec. 512. Sentencing enhancements for interstate travel to engage in 
           sexual act with a juvenile.
Sec. 513. Miscellaneous provisions.

                    Subtitle B--Truth in Domain Names

Sec. 521. Misleading domain names on the Internet.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Penalties for use of minors in crimes of violence.
Sec. 602. Sense of Congress.
Sec. 603. Communications Decency Act of 1996.
Sec. 604. Internet availability of information concerning registered sex 
           offenders.
Sec. 605. Registration of child pornographers in the national sex 
           offender registry.
Sec. 606. Grants to States for costs of compliance with new sex offender 
           registry requirements.
Sec. 607. Safe ID Act.
Sec. 608. Illicit Drug Anti-Proliferation Act.
Sec. 609. Definition of vehicle.
Sec. 610. Authorization of John Doe DNA indictments.
Sec. 611. Transitional housing assistance grants for child victims of 
           domestic violence, stalking, or sexual assault.

SEC. 2. <<NOTE: 18 USC 1 note.>> SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of this 
Act, and the application of such provision to other persons not 
similarly situated or to other circumstances, shall not be affected by 
such invalidation.

                     TITLE I--SANCTIONS AND OFFENSES

SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (e)(3), by inserting ``on any such 
        revocation'' after ``required to serve'';
            (2) in subsection (h), by striking ``that is less than the 
        maximum term of imprisonment authorized under subsection 
        (e)(3)''; and
            (3) by adding at the end the following:

[[Page 117 STAT. 652]]

    ``(k) Notwithstanding subsection (b), the authorized term of 
supervised release for any offense under section 1201 involving a minor 
victim, and for any offense under section 1591, 2241, 2242, 2244(a)(1), 
2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, 2423, or 2425, 
is any term of years or life.''.
SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TORTURE 
                        MURDERS.

    Section 1111 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``child abuse,'' after ``sexual 
                abuse,''; and
                    (B) by inserting ``or perpetrated as part of a 
                pattern or practice of assault or torture against a 
                child or children;'' after ``robbery;''; and
            (2) by inserting at the end the following:

    ``(c) For purposes of this section--
            ``(1) the term `assault' has the same meaning as given that 
        term in section 113;
            ``(2) the term `child' means a person who has not attained 
        the age of 18 years and is--
                    ``(A) under the perpetrator's care or control; or
                    ``(B) at least six years younger than the 
                perpetrator;
            ``(3) the term `child abuse' means intentionally or 
        knowingly causing death or serious bodily injury to a child;
            ``(4) the term `pattern or practice of assault or torture' 
        means assault or torture engaged in on at least two occasions;
            ``(5) the term `serious bodily injury' has the meaning set 
        forth in section 1365; and
            ``(6) the term `torture' means conduct, whether or not 
        committed under the color of law, that otherwise satisfies the 
        definition set forth in section 2340(1).''.

SEC. 103. SEXUAL ABUSE PENALTIES.

    (a) Maximum Penalty Increases.--(1) Chapter 110 of title 18, United 
States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``20'' and inserting ``30''; and
                    (ii) by striking ``30'' the first place it appears 
                and inserting ``50'';
            (B) in section 2252(b)(1)--
                    (i) by striking ``15'' and inserting ``20''; and
                    (ii) by striking ``30'' and inserting ``40'';
            (C) in section 2252(b)(2)--
                    (i) by striking ``5'' and inserting ``10''; and
                    (ii) by striking ``10'' and inserting ``20'';
            (D) in section 2252A(b)(1)--
                    (i) by striking ``15'' and inserting ``20''; and
                    (ii) by striking ``30'' and inserting ``40''; and
            (E) in section 2252A(b)(2)--
                    (i) by striking ``5'' and inserting ``10''; and
                    (ii) by striking ``10'' and inserting ``20''.

    (2) Chapter 117 of title 18, United States Code, is amended--
            (A) in section 2422(a), by striking ``10'' and inserting 
        ``20'';
            (B) in section 2422(b), by striking ``15'' and inserting 
        ``30''; and
            (C) in section 2423(a), by striking ``15'' and inserting 
        ``30''.

[[Page 117 STAT. 653]]

    (3) Section 1591(b)(2) of title 18, United States Code, is amended 
by striking ``20'' and inserting ``40''.
    (b) Minimum Penalty Increases.--(1) Chapter 110 of title 18, United 
States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``or imprisoned not less than 10'' 
                and inserting ``and imprisoned not less than 15'';
                    (ii) by striking ``and both,'';
                    (iii) by striking ``15'' and inserting ``25''; and
                    (iv) by striking ``30'' the second place it appears 
                and inserting ``35'';
            (B) in section 2251A (a) and (b), by striking ``20'' and 
        inserting ``30'';
            (C) in section 2252(b)(1)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``5'' and inserting ``15'';
            (D) in section 2252(b)(2), by striking ``2'' and inserting 
        ``10'';
            (E) in section 2252A(b)(1)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``5'' and inserting ``15''; and
            (F) in section 2252A(b)(2), by striking ``2'' and inserting 
        ``10''.

    (2) Chapter 117 of title 18, United States Code, is amended--
            (A) in section 2422(b)--
                    (i) by striking ``, imprisoned'' and inserting ``and 
                imprisoned not less than 5 years and''; and
                    (ii) by striking ``, or both''; and
            (B) in section 2423(a)--
                    (i) by striking ``, imprisoned'' and inserting ``and 
                imprisoned not less than 5 years and''; and
                    (ii) by striking ``, or both''.

SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

    (a) Sentencing Guidelines.--Notwithstanding <<NOTE: Effective 
date. 28 USC 994 note.>> any other provision of law regarding the 
amendment of Sentencing Guidelines, the United States Sentencing 
Commission is directed to amend the Sentencing Guidelines, to take 
effect on the date that is 30 days after the date of the enactment of 
this Act--
            (1) so that the base offense level for kidnapping in section 
        2A4.1(a) is increased from level 24 to level 32;
            (2) so as to delete section 2A4.1(b)(4)(C); and
            (3) so that the increase provided by section 2A4.1(b)(5) is 
        6 levels instead of 3.

    (b) Minimum Mandatory Sentence.--Section 1201(g) of title 18, United 
States Code, is amended by striking ``shall be subject to paragraph 
(2)'' in paragraph (1) and all that follows through paragraph (2) and 
inserting ``shall include imprisonment for not less than 20 years.''.

SEC. 105. PENALTIES AGAINST SEX TOURISM.

    (a) In General.--Section 2423 of title 18, United States Code, is 
amended by striking subsection (b) and inserting the following:

[[Page 117 STAT. 654]]

    ``(b) Travel With Intent To Engage in Illicit Sexual Conduct.--A 
person who travels in interstate commerce or travels into the United 
States, or a United States citizen or an alien admitted for permanent 
residence in the United States who travels in foreign commerce, for the 
purpose of engaging in any illicit sexual conduct with another person 
shall be fined under this title or imprisoned not more than 30 years, or 
both.

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