Post by David Gandhi on Apr 21, 2008 16:02:20 GMT -5
BILL
To eliminate child pornography .
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 Pornography Elimination Act'.
SEC. 2. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY .
(a) Sexual Exploitation- Section 2252(b)(2) of title 18, United States Code, is amended by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned not less than 5 years nor more than 30 years'.
(b) Pornography - Section 2252A(b)(2) of title 18, United States Code, is amended by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned not less than 5 years nor more than 30 years'.
SEC. 3. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE, TO ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED.
Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended to read as follows:
`(4) FAILURE TO REPORT-
`(A) KNOWINGLY- A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined--
`(i) in the case of an initial failure to make a report, not more than $500,000; and
`(ii) in the case of any second or subsequent failure to make a report, not more than $800,000.
`(B) NEGLIGENTLY- A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of--
`(i) in the case of an initial failure to make a report, not more than $100,000; and
`(ii) in the case of any second or subsequent failure to make a report, not more than $200,000.
`© FCC AUTHORITY- For the purposes of this paragraph, the Federal Communications Commission shall have the authority to levy civil penalties and shall promulgate regulations, in consultation with the Attorney General, to effectuate the purposes of this paragraph and to provide for appropriate administrative review of any civil penalties levied thereunder.'.
SEC. 4. KNOWINGLY ACCESSING CHILD PORNOGRAPHY .
Section 2252(a) of title 18, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,';
(B) in subparagraph (B), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,'; and
(2) in paragraph (5)--
(A) in subparagraph (A), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,'; and
(B) in subparagraph (B), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,'.
SEC. 5. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES.
Section 1594(a) of title 18, United States Code, is amended by inserting after `attempts' the following: `or conspires to'.
SEC. 6. MANDATORY RESTITUTION FOR CERTAIN CHILD SEX OFFENSES.
(a) In General- Chapter 117 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 2429. Mandatory restitution
`(a) In General- Notwithstanding section 3663 or 3663A of this title, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
`(b) Scope and Nature of Order-
`(1) DIRECTIONS- The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).
`(2) ENFORCEMENT- An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
`(3) DEFINITION- For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred by the victim for--
`(A) medical services relating to physical, psychiatric, or psychological care as a proximate result of the offense;
`(B) physical and occupational therapy or rehabilitation as a proximate result of the offense;
`© necessary transportation, temporary housing, and child care expenses as a proximate result of the offense;
`(D) lost income as a proximate result of the offense;
`(E) attorney's fees, as well as other costs incurred as a proximate result of the offense; and
`(F) any other losses suffered by the victim as a proximate result of the offense.
`(4) ORDER MANDATORY-
`(A) IN GENERAL- The issuance of a restitution order under this section is mandatory.
`(B) CONSIDERATION- A court may not decline to issue an order under this section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source.
`© Definition- For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.'.
(b) Chapter Analysis- The chapter analysis etc.
SEC. 7. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT.
Section 2423(f) of title 18, United States Code, is amended by--
(1) striking `or'; and
(2) striking the period at the end of the subsection and inserting `; or (3) production of child pornography , as defined in section 2256(8).'.
SEC. 8. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE.
(a) Sexual Exploitation- Section 2252(b)(2) of title 18, United States Code, is amended by inserting after `this chapter,' the following: `section 1591,'.
(b) Pornography - Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after `this chapter,' the following: `section 1591,'.
© Repeat Offenders- Section 2426(b)(1)(A) of title 18, United States Code, is amended by--
(1) striking `or following 109A,'; and
(2) inserting after `chapter 110' the following `or section 1591'.
(d) Release and Detention- Section 3156(a)(4)© of title 18, United States Code, is amended by inserting after `117' the following: `, or section 1591'.
(e) Administrative Subpoenas- Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting after `1201,' the following: `1591,'.
PLAIN ENGLISH SUMMARY: This bill expands prison sentences by changing the law to read no more than twenty years in prison. It also does the following:
- Insures strengthens the law to aid in the reporting of child pornography
- Changes existing U.S. code from merely possessing child pornography to possession with intent to view
- Provides restitution provisions for victims
- Expands the definition of illicit sexual conduct
Co-Sponsers;
Senator Phil Strunk(R-P)
To eliminate child pornography .
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 Pornography Elimination Act'.
SEC. 2. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY .
(a) Sexual Exploitation- Section 2252(b)(2) of title 18, United States Code, is amended by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned not less than 5 years nor more than 30 years'.
(b) Pornography - Section 2252A(b)(2) of title 18, United States Code, is amended by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned not less than 5 years nor more than 30 years'.
SEC. 3. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE, TO ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED.
Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended to read as follows:
`(4) FAILURE TO REPORT-
`(A) KNOWINGLY- A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined--
`(i) in the case of an initial failure to make a report, not more than $500,000; and
`(ii) in the case of any second or subsequent failure to make a report, not more than $800,000.
`(B) NEGLIGENTLY- A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of--
`(i) in the case of an initial failure to make a report, not more than $100,000; and
`(ii) in the case of any second or subsequent failure to make a report, not more than $200,000.
`© FCC AUTHORITY- For the purposes of this paragraph, the Federal Communications Commission shall have the authority to levy civil penalties and shall promulgate regulations, in consultation with the Attorney General, to effectuate the purposes of this paragraph and to provide for appropriate administrative review of any civil penalties levied thereunder.'.
SEC. 4. KNOWINGLY ACCESSING CHILD PORNOGRAPHY .
Section 2252(a) of title 18, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,';
(B) in subparagraph (B), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,'; and
(2) in paragraph (5)--
(A) in subparagraph (A), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,'; and
(B) in subparagraph (B), by inserting after `possesses,' the following: `or knowingly accesses with intent to view,'.
SEC. 5. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES.
Section 1594(a) of title 18, United States Code, is amended by inserting after `attempts' the following: `or conspires to'.
SEC. 6. MANDATORY RESTITUTION FOR CERTAIN CHILD SEX OFFENSES.
(a) In General- Chapter 117 of title 18, United States Code, is amended by adding at the end the following:
`Sec. 2429. Mandatory restitution
`(a) In General- Notwithstanding section 3663 or 3663A of this title, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
`(b) Scope and Nature of Order-
`(1) DIRECTIONS- The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).
`(2) ENFORCEMENT- An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
`(3) DEFINITION- For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred by the victim for--
`(A) medical services relating to physical, psychiatric, or psychological care as a proximate result of the offense;
`(B) physical and occupational therapy or rehabilitation as a proximate result of the offense;
`© necessary transportation, temporary housing, and child care expenses as a proximate result of the offense;
`(D) lost income as a proximate result of the offense;
`(E) attorney's fees, as well as other costs incurred as a proximate result of the offense; and
`(F) any other losses suffered by the victim as a proximate result of the offense.
`(4) ORDER MANDATORY-
`(A) IN GENERAL- The issuance of a restitution order under this section is mandatory.
`(B) CONSIDERATION- A court may not decline to issue an order under this section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has received, or is entitled to receive, compensation for his or her injuries from the proceeds of insurance or any other source.
`© Definition- For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.'.
(b) Chapter Analysis- The chapter analysis etc.
SEC. 7. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT.
Section 2423(f) of title 18, United States Code, is amended by--
(1) striking `or'; and
(2) striking the period at the end of the subsection and inserting `; or (3) production of child pornography , as defined in section 2256(8).'.
SEC. 8. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE.
(a) Sexual Exploitation- Section 2252(b)(2) of title 18, United States Code, is amended by inserting after `this chapter,' the following: `section 1591,'.
(b) Pornography - Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after `this chapter,' the following: `section 1591,'.
© Repeat Offenders- Section 2426(b)(1)(A) of title 18, United States Code, is amended by--
(1) striking `or following 109A,'; and
(2) inserting after `chapter 110' the following `or section 1591'.
(d) Release and Detention- Section 3156(a)(4)© of title 18, United States Code, is amended by inserting after `117' the following: `, or section 1591'.
(e) Administrative Subpoenas- Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting after `1201,' the following: `1591,'.
PLAIN ENGLISH SUMMARY: This bill expands prison sentences by changing the law to read no more than twenty years in prison. It also does the following:
- Insures strengthens the law to aid in the reporting of child pornography
- Changes existing U.S. code from merely possessing child pornography to possession with intent to view
- Provides restitution provisions for victims
- Expands the definition of illicit sexual conduct
Co-Sponsers;
Senator Phil Strunk(R-P)
