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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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