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H.R.1981 - Protecting Children From Internet Pornographers Act of 2011
To amend title 18, United States Code, with respect to child pornography and child exploitation offenses.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||1,847||n/a||n/a|
|Reported in House||2,607||37 Show Changes Hide Changes||44%|
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Reported with an amendment and referred to the Committee on Energy and Commerce for a period ending not later than December 9, 2011, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(f), rule XCommentsClose CommentsPermalink
Additional sponsors: Mr. RUPPERSBERGER, Mr. FLORES, Mr. FORBES, Mr. COBLE, Mr. FRANKS of Arizona, Mr. GALLEGLY, Mr. GOWDY, Mr. CHABOT, Mr. DEUTCH, Mr. SHULER, Mr. DANIEL E. LUNGREN of California, Mr. CRITZ, Mr. UPTON, Mr. LATOURETTE, Mrs. EMERSON, Mrs. LUMMIS, Mr. QUIGLEY, Mr. MARINO, Mr. SCHIFF, Mr. CALVERT, Ms. JACKSON LEE of Texas, Mr. STARK, Mr. PIERLUISI, Mr. GRIFFIN of Arkansas, Mr. ROSS of Florida, Mr. PENCE, Mr. AMODEI, Mr. REICHERT, Mr. NUGENT, Ms. HERRERA BEUTLER, Mr. MILLER of Florida, Mr. WILSON of South Carolina, Mr. JORDAN, Mr. KLINE, Mr. MCINTYRE, Mr. AUSTRIA, Mr. WOMACK, and Mr. FITZPATRICKCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
‘Sec. 1960A. Financial facilitation of access to child pornography
‘(a) In General- Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both. CommentsClose CommentsPermalink
‘(b) Exclusion From Offense- This section does not apply to a financial transaction conducted by a person in cooperation with, or with the consent of, any Federal, State, or local law enforcement agency.’. CommentsClose CommentsPermalink
SEC. 3. MONEY LAUNDERING PREDICATE.
(2) by inserting ‘1960A (relating to financial facilitation of access to child pornography),’ before ‘section 2113’; and(3) by inserting ‘2260A (relating to increased penalties for registered sex offenders),’ before ‘section 2280’. CommentsClose CommentsPermalink
SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION SERVICE PROVIDERS.
‘(1) A commercial provider of an electronic communication service or remote computing service shall retain for a period of at least 18 monthsone year a log of the temporarily assigned network addresses the service assigns to each account, unless that address is transmitted by radioprovider assigns to a subscriber to or customer of such service that enables the identification of the corresponding customer or subscriber information under subsection (c)(2) of this section. CommentsClose CommentsPermalink
‘(2) Access to a record or information required to be retained under this subsection may not be compelled by any person or other entity that is not a governmental entity. CommentsClose CommentsPermalink
‘(3) The Attorney General shall make a study to determine the costs associated with compliance by providers with the requirement of paragraph (1). Such study shall include an assessment of all the types of costs, including for hardware, software, and personnel that are involved. Not later than 2 years after the date of the enactment of this paragraph, the Attorney General shall report to Congress the results of that study. CommentsClose CommentsPermalink
‘(A) the term ‘commercial provider’ means a provider of electronic communication (as defined in section 3service that offers Internet access capability for a fee to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used; and CommentsClose CommentsPermalink
(1) to encourage electronic communication service providers to give prompt notice to their customers in the event of a breach of the data retained pursuant to section 2703(h) of title 18 of the United States Code, in order that those effected can take the necessary steps to protect themselves from potential misuse of private information; and CommentsClose CommentsPermalink
(2) that records retained pursuant to
(c) Transition Rule- The amendment made by this section shall not apply until 180 days after the date of the enactment of this Act to a provider of an electronic communications service that does not, on that date of enactment, have in effect a system of retention of records that complies with the requirements of that amendment. CommentsClose CommentsPermalink
(1) The Attorney General, not later than 2 years after the date of the enactment of this Act, shall complete a study of providers affected by
SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION UNDER THIS CHAPTER.
SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT.
SEC. 7. SUBPOENA AUTHORITY.
‘(C) issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486).’. CommentsClose CommentsPermalink
SEC. 8. PROTECTION OF CHILD WITNESSES.
‘(2) In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.’; CommentsClose CommentsPermalink
(E) in paragraph (5), as so redesignated, in the second sentence, by inserting before the period at the end the following: ‘, except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness’; and CommentsClose CommentsPermalink
‘(c) Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. CommentsClose CommentsPermalink
‘(F) the term ‘serious act’ means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and CommentsClose CommentsPermalink
‘(G) the term ‘specific person’ means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness. CommentsClose CommentsPermalink
‘(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.’. CommentsClose CommentsPermalink
SEC. 9. SENTENCING GUIDELINES.
Pursuant to its authority under
(1) that the guidelines provide an additional penalty increase of up to 8 offense levels, if appropriate, above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual if the defendant was convicted of a violation of
(2) if the offense described in paragraph (1) involved causing or threatening to cause physical injury to a person under 18 years of age, in order to obstruct the administration of justice, an additional penalty increase of up to 12 levels, if appropriate, above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual. CommentsClose CommentsPermalink
SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors-
(b) Certain Activities Relating to Material Constituting or Containing Child Pornography-
SEC. 11. ADMINISTRATIVE SUBPOENAS.
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