Protecting Against Child Exploitation Act of 2019

Protecting Against Child Exploitation Act of 2019

The bill revises criminal offenses involving the sexual exploitation of children for the purpose of producing a visual depiction (i.e., the production of child pornography).

The bill also modifies the criminal liability standard for certain child pornography offenses. Specifically, it removes the specific intent requirement (i.e., the requirement for sexually explicit conduct with a minor to be for the purpose of producing child pornography) to criminalize sexually explicit conduct with a minor, regardless of whether such conduct is for the purpose of producing child pornography.

It creates new criminal offenses, including for transmitting a live depiction of a child engaged in sexually explicit conduct. A violator is subject to a fine and a mandatory minimum prison term.

It limits the criminal liability of an electronic communication service (ECS) provider or remote computing service (RCS) provider for unknowingly and unintentionally transmitting child pornography.

It also limits the criminal and civil liability of an ECS provider, RCS provider, or domain name registrar for transmitting child pornography in response to a warrant.