H.R.3726 - Child Pornography Prevention Act of 2005

To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes. view all titles (2)

All Bill Titles

  • Short: Child Pornography Prevention Act of 2005 as introduced.
  • Official: To enhance prosecution of child pornography and obscenity by strengthening section 2257 of title 18, United States Code, to ensure that children are not exploited in the production of pornography, prohibiting distribution of child pornography used as evidence in prosecutions, authorizing assets forfeiture in child pornography and obscenity cases, expanding administrative subpoena power to cover obscenity cases, and prohibiting the production of obscenity, as well as its transportation, distribution, and sale, and for other purposes. as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
09/12/05
 
 
 
 
 
 
 

Official Summary

Child Pornography Prevention Act of 2005 - Amends federal criminal code provisions regarding the sexual exploitation of children to: (1) prohibit producers of visual depictions of sexually explicit conduct from refusing to permit the Attorney General to inspect records at business premises;

Official Summary

Child Pornography Prevention Act of 2005 - Amends federal criminal code provisions regarding the sexual exploitation of children to:
(1) prohibit producers of visual depictions of sexually explicit conduct from refusing to permit the Attorney General to inspect records at business premises; and
(2) modify the definition of \"produces\" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of sexually explicit conduct. Requires, in any criminal proceeding:
(1) any material that constitutes child pornography to remain in the care, custody, and control of either the government or the court; and
(2) a court to deny any request by the defendant to reproduce material that constitutes child pornography, provided the government makes the material reasonably available to the defendant. Makes specified provisions of the Controlled Substances Act applicable to the criminal forfeiture of obscene property. Authorizes criminal and civil asset forfeiture in specified child exploitation and obscenity cases, such as cases involving:
(1) the use of interstate facilities to transmit information about a minor with intent to solicit sexual activity; and
(2) the use of misleading domain names on the Internet with intent to deceive a person into viewing obscene material. Makes the Racketeer Influenced and Corrupt Organizations (RICO) Act applicable to activities relating to material involving the sexual exploitation of minors. Authorizes administrative subpoenas for investigations of federal offenses involving the distribution of obscenity. Prohibits the production of obscene matter.

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