(This measure has not been amended since it was passed by the Senate on September 23, 2008. The summary of that version is repeated here.)
Title I: Effective Child Pornography Prosecution Act of 2007 - Effective Child Pornography Prosecution Act of 2007 - Amends the federal criminal code to expand the jurisdictional basis for prosecutions of sexual exploitation of children, selling or buying of children, or child pornography crimes to include activities that use any means or facility of interstate or foreign commerce to complete such crimes.
Title II: Enhancing the Effective Prosecution of Child Pornography Act of 2007 - Enhancing the Effective Prosecution of Child Pornography Act of 2007 - Amends the federal criminal code to: (1) include child pornography that contains a visual depiction of an actual minor engaging in sexually explicit conduct and the production of such pornography for importation into the United States as predicate crimes for money laundering prosecutions; and (2) define "possess" with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view.
[110th Congress Public Law 358]
[From the U.S. Government Publishing Office]
[DOCID: f:publ358.110]
[[Page 122 STAT. 4001]]
Public Law 110-358
110th Congress
An Act
To amend title 18, United States Code, to provide for more effective
prosecution of cases involving child pornography, and for other
purposes. <<NOTE: Oct. 8, 2008 - [H.R. 4120]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
Sec. <<NOTE: 18 USC 1 note.>> 101. Short title.
Sec. 102. Findings.
Sec. 103. Clarifying ban of child pornography.
TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT
OF 2007
Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view
child pornography.
TITLE I-- <<NOTE: Effective Child Pornography Prosecution Act of
2007.>> EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
SEC. 101. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Effective Child Pornography
Prosecution Act of 2007''.
SEC. 102. <<NOTE: 18 USC 2251 note.>> FINDINGS.
Congress finds the following:
(1) Child pornography is estimated to be a multibillion
dollar industry of global proportions, facilitated by the growth
of the Internet.
(2) Data has shown that 83 percent of child pornography
possessors had images of children younger than 12 years old, 39
percent had images of children younger than 6 years old, and 19
percent had images of children younger than 3 years old.
(3) Child pornography is a permanent record of a child's
abuse and the distribution of child pornography images
revictimizes the child each time the image is viewed.
(4) Child pornography is readily available through virtually
every Internet technology, including Web sites, email, instant
[[Page 122 STAT. 4002]]
messaging, Internet Relay Chat, newsgroups, bulletin boards, and
peer-to-peer.
(5) The technological ease, lack of expense, and anonymity
in obtaining and distributing child pornography over the
Internet has resulted in an explosion in the multijurisdictional
distribution of child pornography.
(6) The Internet is well recognized as a method of
distributing goods and services across State lines.
(7) The transmission of child pornography using the Internet
constitutes transportation in interstate commerce.
SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2251--
(A) in each of subsections (a), (b), and (d), by
inserting ``using any means or facility of interstate or
foreign commerce or'' after ``be transported'';
(B) in each of subsections (a) and (b), by inserting
``using any means or facility of interstate or foreign
commerce or'' after ``been transported'';
(C) in subsection (c), by striking ``computer'' each
place that term appears and inserting ``using any means
or facility of interstate or foreign commerce''; and
(D) in subsection (d), by inserting ``using any
means or facility of interstate or foreign commerce or''
after ``is transported'';
(2) in section 2251A(c), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``or
transported'';
(3) in section 2252(a)--
(A) in paragraph (1), by inserting ``using any means
or facility of interstate or foreign commerce or'' after
``ships'';
(B) in paragraph (2)--
(i) by inserting ``using any means or facility
of interstate or foreign commerce or'' after
``distributes, any visual depiction''; and
(ii) by inserting ``using any means or
facility of interstate or foreign commerce or''
after ``depiction for distribution'';
(C) in paragraph (3)--
(i) by inserting ``using any means or facility
of interstate or foreign commerce'' after ``so
shipped or transported''; and
(ii) by striking ``by any means,''; and
(D) in paragraph (4), by inserting ``using any means
or facility of interstate or foreign commerce or'' after
``has been shipped or transported''; and
(4) in section 2252A(a)--
(A) in paragraph (1), by inserting ``using any means
or facility of interstate or foreign commerce or'' after
``ships'';
(B) in paragraph (2), by inserting ``using any means
or facility of interstate or foreign commerce'' after
``mailed, or'' each place it appears;
[[Page 122 STAT. 4003]]
(C) in paragraph (3), by inserting ``using any means
or facility of interstate or foreign commerce or'' after
``mails, or'' each place it appears;
(D) in each of paragraphs (4) and (5), by inserting
``using any means or facility of interstate or foreign
commerce or'' after ``has been mailed, or shipped or
transported''; and
(E) in paragraph (6), by inserting ``using any means
or facility of interstate or foreign commerce or'' after
``has been mailed, shipped, or transported''.
(b) Affecting Interstate Commerce.--Chapter 110 of title 18, United
States Code, is amended in each of sections 2251, 2251A, 2252, and
2252A, by striking ``in interstate'' each place it appears and inserting
``in or affecting interstate''.
(c) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United
States Code, is amended by inserting ``, shipped, or transported using
any means or facility of interstate or foreign commerce'' after ``that
has been mailed''.
(d) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18,
United States Code, is amended by striking ``or by transmitting'' and
all that follows through ``by computer,'' and inserting ``or any means
or facility of interstate or foreign commerce,''.
TITLE II-- <<NOTE: Enhancing the Effective Prosecution of Child
Pornography Act of 2007.>> ENHANCING THE EFFECTIVE PROSECUTION OF CHILD
PORNOGRAPHY ACT OF 2007
SEC. 201. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Enhancing the Effective Prosecution
of Child Pornography Act of 2007''.
SEC. 202. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended by
inserting ``section 2252A (relating to child pornography) where the
child pornography contains a visual depiction of an actual minor
engaging in sexually explicit conduct, section 2260 (production of
certain child pornography for importation into the United States),''
before ``section 2280''.
SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO
VIEW CHILD PORNOGRAPHY.
(a) Materials Involving Sexual Exploitation of Minors.--Section
2252(a)(4) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''.
(b) Materials Constituting or Containing Child Pornography.--Section
2252A(a)(5) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''; and
[[Page 122 STAT. 4004]]
(2) in subparagraph (B), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''.
Approved October 8, 2008.
LEGISLATIVE HISTORY--H.R. 4120:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Nov. 13, 14, considered and passed
House.
Vol. 154 (2008):
Sept. 23, considered and passed
Senate, amended.
Sept. 26, House concurred in Senate
amendment.
<all>
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S9343-9344)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Message on Senate action sent to the House.
Ms. Lofgren, Zoe moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H9887-9889)
The House proceeded with forty minutes of debate on H.R. 4120.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Cannon objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 656).(consideration: CR H10058-10059; text as House agreed to Senate amendment: CR 9/25/2008 H9887-9888)
Enacted as Public Law 110-358
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On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 656). (consideration: CR H10058-10059; text as House agreed to Senate amendment: CR 9/25/2008 H9887-9888)
Roll Call #656 (House)Motion to reconsider laid on the table Agreed to without objection.
Cleared for White House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 110-358.
Became Public Law No: 110-358.