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S.Amdt. 5641Senate110th Congress (2007-2009)

In the nature of a substitute.

What it does: Replaces the bill's text with a full substitute
Sponsored by Harry ReidSen. Harry Reid (D-NV)
Submitted September 23, 2008

What it changes

1 change to H.R. 4120 · shown in the bill's text

Full substitute
Proposed · Sep 24, 2008Submitted · Sep 23, 2008

  1. Replaces the bill's text with a full substitute

    Replaces the full textEverything after the enacting clause

    In H.R. 4120 · Referred in Senate

    Struck: SECTION 1. SHORT TITLE.

    Struck: This Act may be cited as the "Effective Child Pornography Prosecution Act of 2007".

    Struck: SEC. 2. FINDINGS.

    Struck: Congress makes the following findings:

    Inserted: SECTION 1. TABLE OF CONTENTS.

    Inserted: The table of contents for this Act is as follows:

    Inserted: Sec. 1. Table of contents.

    Inserted: TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

    Inserted: Sec. 101. Short title.

    Inserted: Sec. 102. Findings.

    Inserted: Sec. 103. Clarifying ban of child pornography.

    Inserted: TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT OF 2007

    Inserted: Sec. 201. Short title.

    Inserted: Sec. 202. Money laundering predicate.

    Inserted: Sec. 203. Knowingly accessing child pornography with the intent to view child pornography.

    Inserted: TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

    Show 4 more inserted paragraphs

    Inserted: SEC. 101. SHORT TITLE.

    Inserted: This title may be cited as the "Effective Child Pornography Prosecution Act of 2007".

    Inserted: SEC. 102. FINDINGS.

    Inserted: 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) [struck: Recent data ][inserted: 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 messaging, Internet Relay Chat, newsgroups, bulletin boards, and peer-to-peer.

    1 unchanged paragraph

    (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.

    Struck: SEC. 3. EFFECTIVE CHILD PORNOGRAPHY PROSECUTION.

    Inserted: SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.

    (a) [struck: Section 2252][inserted: In General].--[struck: Section 2252][inserted: Chapter 110] of title 18, United States Code, is amended--

    Struck: (1) in subsection (a)(1), by inserting "or affecting" after "ships in";

    Struck: (2) in subsection (a)(2), by striking "knowingly" and all that follows through "mails" and inserting "knowingly receives, distributes, or reproduces for distribution, in or affecting interstate or foreign commerce, any visual depiction";

    Struck: (3) in subsection (a)(3)(B), by inserting "or affecting" before "interstate"; and

    Struck: (4) in subsection (a)(4)(B)--

    Inserted: (1) in section 2251--

    (A) [inserted: in each of subsections (a), (b), and (d), ]by inserting "[struck: in ][inserted: using any means ]or [struck: affecting ][inserted: facility of ]interstate or foreign commerce[inserted: or]" after "[struck: possesses][inserted: be transported]";[struck: and]

    Struck: (B) by striking "that has been" and all that follows through "by computer".

    Struck: (b) Section 2252A.--Section 2252A of title 18, United States Code, is amended--

    Inserted: (B) in each of subsections (a) and (b), by inserting "using any means or facility of interstate or foreign commerce or" after "been transported";

    ([struck: 1][inserted: C]) in [struck: paragraphs][inserted: subsection] ([struck: 1][inserted: c])[struck: through (4) and (6) of subsection (a), by ][inserted: , by striking "computer" each place that term appears and ]inserting "[inserted: using any means ]or [struck: affecting" before "][inserted: facility of ]interstate or foreign commerce"[struck: each place it appears]; and

    Struck: (2) in subsection (a)(5)(b)--

    ([struck: A][inserted: D]) [inserted: in subsection (d), ]by inserting "[struck: in ][inserted: using any means ]or [struck: affecting ][inserted: facility of ]interstate or foreign commerce[inserted: or]" after "[struck: possesses][inserted: is transported]";[struck: and]

    Struck: (B) by striking "that has been" and all that follows through "by computer" the second place it appears.

    Struck: Passed the House of Representatives November 14, 2007.

    Inserted: (2) in section 2251A(c), by inserting "using any means or facility of interstate or foreign commerce or" after "or transported";

    Inserted: (3) in section 2252(a)--

    Inserted: (A) in paragraph (1), by inserting "using any means or facility of interstate or foreign commerce or" after "ships";

    Inserted: (B) in paragraph (2)--

    Inserted: (i) by inserting "using any means or facility of interstate or foreign commerce or" after "distributes, any visual depiction"; and

    Inserted: (ii) by inserting "using any means or facility of interstate or foreign commerce or" after "depiction for distribution";

    Inserted: (C) in paragraph (3)--

    Inserted: (i) by inserting "using any means or facility of interstate or foreign commerce" after "so shipped or transported"; and

    Inserted: (ii) by striking "by any means,"; and

    Inserted: (D) in paragraph (4), by inserting "using any means or facility of interstate or foreign commerce or" after "has been shipped or transported"; and

    Inserted: (4) in section 2252A(a)--

    Inserted: (A) in paragraph (1), by inserting "using any means or facility of interstate or foreign commerce or" after "ships";

    Show 19 more inserted paragraphs

    Inserted: (B) in paragraph (2), by inserting "using any means or facility of interstate or foreign commerce" after "mailed, or" each place it appears;

    Inserted: (C) in paragraph (3), by inserting "using any means or facility of interstate or foreign commerce or" after "mails, or" each place it appears;

    Inserted: (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

    Inserted: (E) in paragraph (6), by inserting "using any means or facility of interstate or foreign commerce or" after "has been mailed, shipped, or transported".

    Inserted: (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".

    Inserted: (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".

    Inserted: (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,".

    Inserted: TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT OF 2007

    Inserted: SEC. 201. SHORT TITLE.

    Inserted: This title may be cited as the "Enhancing the Effective Prosecution of Child Pornography Act of 2007".

    Inserted: SEC. 202. MONEY LAUNDERING PREDICATE.

    Inserted: 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".

    Inserted: SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO VIEW CHILD PORNOGRAPHY.

    Inserted: (a) Materials Involving Sexual Exploitation of Minors.--Section 2252(a)(4) of title 18, United States Code, is amended--

    Inserted: (1) in subparagraph (A), by inserting ", or knowingly accesses with intent to view," after "possesses"; and

    Inserted: (2) in subparagraph (B), by inserting ", or knowingly accesses with intent to view," after "possesses".

    Inserted: (b) Materials Constituting or Containing Child Pornography.--Section 2252A(a)(5) of title 18, United States Code, is amended--

    Inserted: (1) in subparagraph (A), by inserting ", or knowingly accesses with intent to view," after "possesses"; and

    Inserted: (2) in subparagraph (B), by inserting ", or knowingly accesses with intent to view," after "possesses".

    Original wording

    Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 5641. Mr. MENENDEZ (for Mr. Reid) proposed an amendment to the bill H.R. 4120, to amend title 18, United States Code, to provide for more effective prosecution of cases involving child pornography, and for other purposes; as follows:

Strike all after the enacting clause and insert the following:

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. 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--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007

SEC. 101. SHORT TITLE.

This title may be cited as the “Effective Child Pornography Prosecution Act of 2007”.

SEC. 102. 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 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;

(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--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT OF 2007

SEC. 201. 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

(2) in subparagraph (B), by inserting “, or knowingly accesses with intent to view,” after “possesses”.

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Senate amendment submitted

September 23, 2008

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Senate amendment submitted

September 23, 2008

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Senate amendment agreed to: Amendment SA 5641 agreed to in Senate by Unanimous Consent.

September 23, 2008

Floor

Senate amendment proposed (on the floor): Amendment SA 5641 proposed by Senator Menendez for Senator Reid.(consideration: CR S9343-9344; text: CR S9343-9344)

September 23, 2008

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Amendment SA 5641 proposed by Senator Menendez for Senator Reid. (consideration: CR S9343-9344; text: CR S9343-9344) In the nature of a substitute.

September 23, 2008

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Amendment SA 5641 agreed to in Senate by Unanimous Consent.

September 23, 2008