HR 6063 RFS

IN THE SENATE OF One Hundred Twelfth Congress CommentsClose CommentsPermalink

of theCommentsClose CommentsPermalink

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United States of AmericaCommentsClose CommentsPermalink

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AT THE UNITED STATES

August 2, 2012

Received; read twice and referred to the Committee on the Judiciary

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AN ACT

SECOND SESSIONCommentsClose CommentsPermalink

Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink

the third day of January, two thousand and twelveCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

To amend title 18, United States Code, with respect to child pornography and child exploitation offenses.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Child Protection Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.CommentsClose CommentsPermalink

(a) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors- Section 2252(b)(2) of title 18, United States Code, is amended by inserting after ‘but if’ the following: ‘any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if’.CommentsClose CommentsPermalink





(b) Certain Activities Relating to Material Constituting or Containing Child Pornography- Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after ‘but, if’ the following: ‘any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if’.CommentsClose CommentsPermalink

SEC. 3. PROTECTION OF CHILD WITNESSES.CommentsClose CommentsPermalink

(a) Civil Action To Restrain Harassment of a Victim or Witness- Section 1514 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘or its own motion,’ after ‘attorney for the Government,’; andCommentsClose CommentsPermalink





(ii) by inserting ‘or investigation’ after ‘Federal criminal case’ each place it appears;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(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





(D) in paragraph (4), as so redesignated, by striking ‘(and not by reference to the complaint or other document)’; andCommentsClose 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’; andCommentsClose CommentsPermalink





(2) by striking subsection (c) and inserting the following: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





‘(d)(1) As used in this section--CommentsClose CommentsPermalink





‘(A) the term ‘course of conduct’ means a series of acts over a period of time, however short, indicating a continuity of purpose;CommentsClose CommentsPermalink





‘(B) the term ‘harassment’ means a serious act or course of conduct directed at a specific person that--CommentsClose CommentsPermalink





‘(i) causes substantial emotional distress in such person; andCommentsClose CommentsPermalink





‘(ii) serves no legitimate purpose;CommentsClose CommentsPermalink





‘(C) the term ‘immediate family member’ has the meaning given that term in section 115 and includes grandchildren;CommentsClose CommentsPermalink





‘(D) the term ‘intimidation’ means a serious act or course of conduct directed at a specific person that--CommentsClose CommentsPermalink





‘(i) causes fear or apprehension in such person; andCommentsClose CommentsPermalink





‘(ii) serves no legitimate purpose;CommentsClose CommentsPermalink





‘(E) the term ‘restricted personal information’ has the meaning give that term in section 119;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; andCommentsClose 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





(b) Sentencing Guidelines- Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure--CommentsClose CommentsPermalink





(1) that the guidelines provide an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual if the defendant was convicted of a violation of section 1591 of title 18, United States Code, or chapters 109A, 109B, 110, or 117 of title 18, United States Code; andCommentsClose CommentsPermalink





(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 above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual.CommentsClose CommentsPermalink

SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS.CommentsClose CommentsPermalink

(a) Administrative Subpoenas-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3486(a)(1) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(ii) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink





(iii) by inserting after clause (i) the following:CommentsClose CommentsPermalink





‘(ii) an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or’; andCommentsClose CommentsPermalink





(B) in subparagraph (D)--CommentsClose CommentsPermalink





(i) by striking ‘paragraph, the term’ and inserting the following: ‘paragraph--CommentsClose CommentsPermalink





‘(i) the term’;CommentsClose CommentsPermalink





(ii) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(ii) the term ‘sex offender’ means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).’.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS- Section 3486(a) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (6)(A), by striking ‘United State’ and inserting ‘United States’;CommentsClose CommentsPermalink





(B) in paragraph (9), by striking ‘(1)(A)(ii)’ and inserting ‘(1)(A)(iii)’; andCommentsClose CommentsPermalink





(C) in paragraph (10), by striking ‘paragraph (1)(A)(ii)’ and inserting ‘paragraph (1)(A)(iii)’.CommentsClose CommentsPermalink





(b) Judicial Subpoenas- Section 566(e)(1) of title 28, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC TASK FORCES.CommentsClose CommentsPermalink

Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17612(b)(4)(B)) is amended by striking ‘$2,000,000’ and inserting ‘$4,000,000’.CommentsClose CommentsPermalink

SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION.CommentsClose CommentsPermalink

Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17611(d)(1)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘to be responsible’ and inserting the following: ‘with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible’; andCommentsClose CommentsPermalink





(2) by adding at the end the following: ‘The National Coordinator for Child Exploitation Prevention and Interdiction shall be a position in the Senior Executive Service.’.CommentsClose CommentsPermalink

SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.CommentsClose CommentsPermalink

Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17617(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking ‘and’;CommentsClose CommentsPermalink





(2) in paragraph (5), by striking the period at the end; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (5) the following:CommentsClose CommentsPermalink





‘(6) $60,000,000 for fiscal year 2014;CommentsClose CommentsPermalink





‘(7) $60,000,000 for fiscal year 2015;CommentsClose CommentsPermalink





‘(8) $60,000,000 for fiscal year 2016;CommentsClose CommentsPermalink





‘(9) $60,000,000 for fiscal year 2017; andCommentsClose CommentsPermalink





‘(10) $60,000,000 for fiscal year 2018.’.CommentsClose CommentsPermalink

SEC. 8. CLARIFICATION OF ‘HIGH-PRIORITY SUSPECT’.CommentsClose CommentsPermalink

Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42 U.S.C. 17615(e)(1)(B)(i)) is amended by striking ‘the volume’ and all that follows through ‘or other’.CommentsClose CommentsPermalink

SEC. 9. REPORT TO CONGRESS.CommentsClose CommentsPermalink

Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the status of the Attorney General’s establishment of the National Internet Crimes Against Children Data System required to be established under section 105 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17615).CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives August 1, 2012.

Attest:

KAREN L. HAAS,

Vice President of the United States andCommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink