H.R. 756House108th Congress (2003-2005)In Committee

Child Modeling Exploitation Prevention Act

To protect children from exploitive child modeling, and for other purposes.

Sponsored by Mark FoleyRep. Mark Foley (R-FL)
Introduced February 13, 2003

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Workforce Protections.

March 10, 2003

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HouseIntro Referral

Introduced in House

February 13, 2003

HouseIntro Referral

Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

February 13, 2003

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

March 6, 2003

HouseCommittee

Referred to the Subcommittee on Workforce Protections.

March 10, 2003

Floor Debate

1 member

What members said about H.R. 756 on the floor

1 Republican
Tom Osborne
Rep. Tom OsborneR-NE-3 · Jun 10, 2003

Mr. Speaker, I think that our recent military successes in Afghanistan and Iraq have demonstrated very clearly that we are the preeminent military force in the world. Our economy, although it has…

Bill Text

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Introduced in HouseIssued February 13, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 756 Introduced in House (IH)]

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108th CONGRESS
1st Session
H. R. 756

To protect children from exploitive child modeling, and for other
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 13, 2003

Mr. Foley (for himself, Mr. Lampson, Mr. DeLay, Mrs. Johnson of
Connecticut, Mr. Pomeroy, Mr. Green of Wisconsin, Mr. Jones of North
Carolina, Mr. Shimkus, Mr. Baca, Mr. Simmons, Mr. Frost, Mr. Kirk, Mr.
Forbes, Mr. McIntyre, Mr. Berry, Mr. Mollohan, Mr. Wamp, Mr. Visclosky,
Mr. Mario Diaz-Balart of Florida, Mr. Boozman, Mr. Crenshaw, Mr.
Keller, Ms. Ros-Lehtinen, Mr. McHugh, Mr. McNulty, Mr. Gordon, Mr.
Stenholm, Mr. Weldon of Pennsylvania, Mr. King of New York, Mr. Platts,
Mr. Barrett of South Carolina, Mr. Bell, Mr. Calvert, Mr. Brown of
South Carolina, Mr. Osborne, and Mr. Hoekstra) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned

_______________________________________________________________________

A BILL

To protect children from exploitive child modeling, and for other
purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Child Modeling Exploitation
Prevention Act''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The use of children in the production of exploitive
child modeling, including on Internet websites, in photographs,
films, videos, and other visual depictions, is a form of child
abuse that can result in physical and psychological harm to the
children involved.
(2) Exploitive child modeling is different from other,
legitimate, child modeling because exploitive child modeling
involves marketing the child himself or herself in lascivious
positions and acts, rather than actually marketing products to
average American consumers.
(3) The purpose of exploitive child modeling is to satisfy
the demand of pedophiles.
(4) Unlike legitimate child modeling, exploitive child
modeling may involve a direct and personal interaction between
the child model and the pedophile. The pedophile often knows
the child's name and has a way of communicating with the child.
(5) The interaction between the exploited child model and
the pedophile can lead the child to trust pedophiles and to
believe that it is acceptable and safe to meet with pedophiles
in private.
(6) Over 70 percent of convicted pedophiles have used child
pornography or exploitive child modeling depictions to whet
their sexual appetites. Because children are used in its
production, exploitive child modeling can place the child in
danger of being abducted, abused, or murdered by the pedophiles
who view such depictions.
(7) These exploitive exhibitions of children are
unacceptable by social standards and lead to a direct harm to
the children involved.

SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING.

(a) Prohibition on Employment.--Section 12 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end
the following:
``(e)(1) No employer may employ a child model in exploitive child
modeling.
``(2) Notwithstanding section 16(a), whoever violates paragraph (1)
shall be fined under title 18 or imprisoned not more than 10 years, or
both.
``(3)(A) In this subsection, the term `exploitive child modeling'
means modeling involving the use of a child under 17 years old for
financial gain without the purpose of marketing a product or service
other than the image of the child.
``(B) Such term applies to any such use, regardless of whether the
employment relationship of the child is direct or indirect, or
contractual or noncontractual, or is termed that of an independent
contractor.
``(C) Such term does not apply to an image which, taken as a whole,
has serious literary, artistic, political, or scientific value.''.
(b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C.
203(l)) is amended--
(1) by striking ``(1) any'' and inserting ``(A) any'';
(2) by striking ``(2) any'' and inserting ``(B) any'';
(3) by inserting ``(1)'' after ``(l)''; and
(4) by adding at the end the following new paragraph:
``(2) Such term includes employment of a minor in violation of
section 12(e)(1).''.

SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE.

(a) In General.--110 of title 18, United States Code, is amended by
inserting after section 2252A the following:
``2252B. Exploitive child modeling
``(a) In General.--Except as provided in subsection (b), whoever,
in or affecting interstate or foreign commerce, with the intent to make
a financial gain thereby--displays or offers to provide the image of an
individual engaged in exploitive child modeling (as defined in section
12(e) of the Fair Labor Standards Act of 1938) shall be fined under
this title or imprisoned not more than 10 years, or both.
``(b) Exception.--This section does not apply to an image which,
taken as a whole, has serious literary, artistic, political, or
scientific value.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252A the following:

``2252B. Exploitive child modeling.''.
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