II
109th CONGRESS
2d Session
S. 3499
IN THE SENATE OF THE UNITED STATES
June 13, 2006
Mr. Kyl (for himself, Mr. Grassley, Mr. DeWine, Mr. Cornyn, Mr. Brownback, Ms. Snowe, Mr. Burns, Mrs. Hutchison, and Mr. Allen) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.
Short title
This Act may be cited as the
Internet Safety (Stop Adults
Facilitating the Exploitation of Youth) Act of
2006
.
Financial facilitation of access to child pornography
Offense
Chapter 95 of title 18, United States Code, is amended by adding at the end the following:
Financial facilitation of access to child pornography
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 10 years, or both.
.
Clerical amendment
The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:
1960A. Financial facilitation of access to child pornography.
.
Child sexual exploitation enterprises
Section 2252A of title 18, United States Code, is amended by adding at the end the following:
Child pornography enterprises
Whoever engages in a child pornography enterprise shall be fined under this title and imprisoned for any term of years not less than 10 or for life. The sentence imposed under this subsection shall be consecutive to any other sentence imposed in relation to the conduct punished under this subsection.
A person engages in a child pornography enterprise for the purposes of this section if the person violates any provision of chapter 110 or 117, or section 1201, 1466A, 1470, or 1591, as a part of a series of felony violations constituting 2 or more separate incidents and commits those offenses in concert with 3 or more other persons.
.
Increased penalties for registered sex offenders
Offense
Chapter 110 of title 18, United States Code, is amended by adding at the end the following:
Increased penalties for registered sex offenders
Whoever, being required by Federal or other law to register as a sex offender, commits a felony offense involving a child under another provision of this chapter or a provision of chapter 117, or under section 1201, 1466A, 1470, or 1591, shall be fined under this title and imprisoned 10 years in addition to the imprisonment imposed for the offense under that provision. The sentence imposed under this section shall be consecutive to any sentence imposed for the offense under that provision.
.
Clerical amendment
The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by adding at the end the following new item:
2260A. Increased penalties for registered sex offenders.
.
Increased penalties for child pornography and related offenses
Sexual exploitation of children
Section 2251(e) of title 18, United States Code, is amended—
by inserting
section 1591,
before this chapter,
the first
place such term appears;
by striking
the sexual exploitation of children
the first place it appears
and inserting aggravated sexual abuse, sexual abuse, abusive sexual
contact involving a minor or ward, sex trafficking of children, or the
production, possession, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography
;
by striking
15 years nor more than 30 years
and inserting 20 years or
for life
;
by striking
not less than 25 years nor more than 50 years,
and all that
follows through not less than 35 years nor more than life.
and
inserting life.
; and
by striking
any term of years or for life
and inserting not less than
30 years or for life.
.
Activities relating to material involving the sexual exploitation of children
Section 2252(b) of title 18, United States Code, is amended—
in paragraph (1)—
by striking
paragraphs (1)
and inserting paragraph
(1)
;
by inserting
section 1591,
before this chapter,
;
by inserting
, or sex trafficking of children
after child
pornography
;
by striking
5 years and not more than 20 years
and inserting 15 years
or for life
; and
by striking
not less than 15 years nor more than 40 years.
and inserting
life.
; and
in paragraph (2)—
by striking
or imprisoned not more than 10 years, or both
and inserting
and imprisoned for not less than 3 years nor more than 20 years
;
and
by striking
10 years nor more than 20 years.
and inserting 20 years
or for life.
.
Activities relating to material constituting or containing child pornography
Section 2252A(b) of title 18, United States Code, is amended—
in paragraph (1)—
by inserting
section 1591,
before this chapter,
;
by inserting
, or sex trafficking of children
after child
pornography
;
by striking
5 years and not more than 20 years
and inserting 15 years
or for life
; and
by striking
not less than 15 years nor more than 40 years
and inserting
life
; and
in paragraph (2)—
by striking
or imprisoned not more than 10 years, or both
and inserting
and imprisoned for not less than 3 years nor more than 20 years
;
and
by striking
10 years nor more than 20 years
and inserting 20 years or
for life
.
Using misleading domain names To direct children to harmful material on the internet
Section 2252B(b) of title 18, United States Code, is
amended by striking or imprisoned not more than 4 years, or both
and inserting and imprisoned for not less than 5 years nor more than 20
years
.
Extraterritorial child pornography offenses
Section 2260(c) of title 18, United States Code, is amended to read as follows:
Penalties
Use of minor
A person who violates subsection (a), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (e) of section 2251 for a violation of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions, as described in that subsection.
Use of visual depiction
A person who violates subsection (b), or attempts or conspires to do so, shall be subject to the penalties provided in subsection (b)(1) of section 2252 for a violation of paragraph (1), (2), or (3) of subsection (a) of that section, including the penalties provided for such a violation by a person with a prior conviction or convictions, as described in subsection (b)(1) of section 2252.
.
Internet facilitation of child pornography and obscenity
Child pornography reporting
Section 227(b)(4) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read as follows:
Failure to report
Knowing and willful failure
A provider of electronic communication services or remote computing services described in paragraph (1) who knowingly and willfully fails to make a report under that paragraph shall be fined—
in the case of an initial failure to make a report, not more than $150,000; and
in the case of any second or subsequent failure to make a report, not more than $300,000.
Negligent failure
A provider of electronic communication services or remote computing services described in paragraph (1) who negligently fails to make a report under that paragraph shall be subject to a civil penalty of—
in the case of an initial failure to make a report, not more than $50,000; and
in the case of any second or subsequent failure to make a report, not more than $100,000.
Authority
For the purposes of this paragraph, the Federal Communications Commission—
may levy civil penalties under subparagraph (B); and
shall promulgate regulations, in consultation with the Attorney General, to—
effectuate the purposes of subparagraph (B); and
provide for appropriate administrative review of any civil penalties levied under that subparagraph.
.
Deception by embedded words or images
In general
Chapter 110 of title 18, United States Code, is amended by inserting after section 225B the following:
Misleading words or digital images on the Internet
In general
Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title and imprisoned for not less than 2 years nor more than 10 years.
Minors
Whoever knowingly embeds words or digital images into the source code of a website with the intent to deceive a minor into viewing material harmful to minors on the Internet shall be fined under this title and imprisoned for not less than 5 years nor more than 20 years.
Construction
For
the purposes of this section, a word or digital image that clearly indicates
the sexual content of the site, such as sex
or
porn
, is not misleading.
Definitions
In this section—
the terms material that is harmful to minors and sex have the meaning given such terms in section 2252B; and
the term source code means the combination of text and other characters comprising the content, both viewable and nonviewable, of a web page, including any website publishing language, programming language, protocol or functional content, as well as any successor languages or protocols.
.
Table of sections
The table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2252B the following:
Sec. 2252C. Misleading
words or digital images on the Internet.
.
Requirement to place warning marks on commercial websites containing sexually explicit material
Definitions
In this section—
the term Commission means the Federal Trade Commission;
the term website means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol except that the term does not include any collection of material where access to sexually explicit material is restricted to a specific set of individuals through the provision of a password or through another access restriction mechanism;
the term sexually explicit material means any material that depicts sexually explicit conduct (as that term is defined in subsection (2)(A) of section 2256 of title 18, United States Code), unless the depiction constitutes a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters;
the term Internet means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information; and
the term Internet access service—
means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers; and
does not include telecommunications services.
Labeling requirement
Except as provided in subsection (d), no person who operates a website that is primarily operated for commercial purposes, in or affecting interstate or foreign commerce, may knowingly, and with knowledge of the character of the material, place on that website sexually explicit material, and fail—
to include on each page of the website that contains sexually explicit material, the marks and notices prescribed by the Commission under subsection (c); or
to ensure that the matter on the website that is initially viewable, absent any further actions by the viewer, does not include any sexually explicit material.
Prescription of marks and notices
Not later than 90 days after the date of enactment of this Act, the Commission shall, in consultation with the Attorney General, establish by regulation clearly identifiable marks or notices to be included in the code, if technologically feasible, or if not feasible on the pages, of websites that contain sexually explicit material in order to inform the viewer of that fact and to facilitate the filtering of such pages.
Inapplicability to carriers and other service providers
This section shall not apply to a person, to the extent that such person is—
a telecommunications carrier engaged in the provision of a telecommunications service;
a person engaged in the business of providing an Internet access service; or
similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, and such person's deletion of a particular communication or material made by another person in a manner consistent with any applicable law or regulation shall not constitute selection or alteration of the content of the communication.
Penalties
Whoever violates subsection (b) shall be fined under title 18, United States Code, imprisoned not more than 15 years, or both.
RICO predicates
Section 1961(1) of title 18, United States Code, is amended—
by inserting
1466A (relating to obscene visual representation of the abuse of
children),
after sections 1461-1465 (relating to obscene
matter),
;
by inserting
2252A (relating to child pornography),
before sections
2312
; and
by inserting
1960A,
before 2251
.
Money laundering predicate
Section
1956(c)(7)(D) of title 18, United States Code, is amended by inserting
section 1037 (relating to fraud and related activity in connection with
electronic mail),
before section 1111
.
Masha’s Law
Section 2255 of title 18, United States Code, is amended—
by amending subsection (a) to read as follows:
Any person who is a victim of a violation of section 2241(c), 2242, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 may in a civil action obtain appropriate relief, including damages of not less than $250,000.
; and
in subsection (b)
by striking first
.
Increased penalties for child sex trafficking and sexual abuse
Child Prostitution and sex trafficking offenses
In general
Section 2423 of title 18, United States Code, is amended—
in subsection
(a), by striking 5 years and not more than 30 years
and
inserting 15 years or for life
;
in subsections
(b) and (c), by striking or imprisoned not more than 30 years, or
both.
and inserting and imprisoned for not less than 10 years
(unless the offense is based only on conduct that would be in violation of
sections 2243(a) or 2244) nor more than 30 years.
; and
in subsection
(d), by striking , imprisoned not more than 30 years, or both
and inserting and imprisoned for not less than 10 years nor more than 30
years
.
Penalties for coercion and enticement by sex offenders
Section 2422 of title 18, United States Code, is amended—
in subsection (a),
by striking or imprisoned not more than 20 years, or both
and
inserting and imprisoned not less than 10 years nor more than 30
years
; and
in subsection (b),
by striking 5 years and not more than 30 years
and inserting
15 years or for life
.
Mandatory penalties for sex-trafficking of children
Section 1591(b) of title 18, United States Code, is amended—
in paragraph (1)
by striking or imprisonment for any term of years or for life, or
both
and inserting and imprisonment for any term of years not
less than 25 or for life
; and
in paragraph (2)—
by
striking or imprisonment for not
and inserting and
imprisonment for not less than 15 years nor
; and
by
striking , or both
.
Sexual Abuse of children
Sexual abuse of children resulting in death
Section 2245 of title 18, United States Code, is amended—
by inserting
, chapter 110, chapter 117, or section 1591
after this
chapter
;
by striking
A person
and inserting (a) In General.—A person
;
and
by adding at the end the following:
Offenses Involving Children
A person who, in the course of an offense under this chapter, chapter 110, chapter 117, or section 1591 engages in conduct that results in the death of a person who has not attained the age of 18 years, shall be punished by death or imprisoned for not less than 30 years or for life.
.
Mandatory life imprisonment for certain repeated sex offenses against children
Section 3559(e)(2)(A) of title 18, United States Code, is amended—
by striking
or 2423(a)
and inserting 2423(a)
; and
by inserting
, 2423(b) (relating to travel with intent to engage in illicit sexual
conduct), 2423(c) (relating to illicit sexual conduct in foreign places), or
2425 (relating to use of interstate facilities to transmit information about a
minor)
after minors)
.
Child abuse reporting
Section 2258 of title 18, United States Code, is
amended by striking Class B misdemeanor
and inserting
Class A misdemeanor
.
Increased Penalties for Sexual Abuse
Aggravated sexual abuse
Section 2241 of title 18, United States Code, is amended—
in subsection (a),
by striking , imprisoned for any term of years or life, or both
and inserting and imprisoned for any term of years not less than 15 or
for life
;
in subsection (b),
by striking , imprisoned for any term of years or life, or both
and inserting and imprisoned for any term of years not less than 10 or
for life
; and
in subsection
(c), in the first sentence, by striking , imprisoned for any term of
years or life, or both.
and inserting and imprisoned for not
less than 20 years or for life.
.
Sexual abuse
Section 2242 of title 18, United States Code, is amended by
striking , imprisoned not more than 20 years, or both
and
inserting and imprisoned not less than 10 years nor more than 30
years
.
Abusive sexual contact
Section 2244 of title 18, United States Code, is amended—
in subsection (a)—
in
paragraph (1), by striking , imprisoned not more than ten years, or
both
and inserting and imprisoned for not less than 3 years nor
more than 15 years
;
in
paragraph (2), by striking , imprisoned for not more than three years,
or both
and inserting and imprisoned for not less than 2 years
nor more than 10 years
;
in
paragraph (3), by striking two years
and inserting 10
years
; and
in
paragraph (4), by striking two years
and inserting 10
years
; and
in subsection (c)
by striking maximum
.
Sexual abuse of wards
Chapter 109A of title 18, United States Code, is amended—
in section 2243(b),
by striking , imprisoned not more than five years, or both
and
inserting and imprisoned for not less than 5 years nor more than 15
years
; and
by inserting a
comma after Attorney General
each place such term
appears.
No limitation for prosecution of felony sex offenses
In general
Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
Child abduction and sex offenses
Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.
.
Table of sections
The table of sections for chapter 213 of title 18, United States Code, is amended by adding after the item relating to section 3298 the following:
3299. Child abduction and sex offenses.
.
Office on Sexual Violence and Crimes against Children
Establishment
There
is established within the Department of Justice, under the general authority of
the Attorney General, an Office on Sexual Violence and Crimes against Children
(in this section referred to as the Office
).
Director
In general
The Office shall be headed by a Director who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office.
Limits on other activities
The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement.
Duties and functions
The Office is authorized to—
administer the sex offender registration and notification program under Federal law;
administer grant programs authorized by this Act;
cooperate with and provide technical assistance to States, units of local government, tribal governments, and other public and private entities involved in activities related to sex offender registration or notification or to other measures for the protection of children or other members of the public from sexual abuse or exploitation; and
perform such other functions as the Attorney General may delegate.
Additional prosecutors for offenses relating to the sexual exploitation of children
Definition
In this section, the term offenses
relating to the sexual exploitation of children
shall include any
offense committed in violation of—
chapter 71 of title 18, United States Code, involving an obscene visual depiction of a minor, or transfer of obscene materials to a minor;
chapter 109A of title 18, United States Code, involving a sexual act or sexual contact with a minor, or sexual abuse of a minor;
chapter 110 of title 18, United States Code;
chapter 117 of title 18, United States Code; and
section 1591 of title 18, United States Code.
Additional prosecutors
In fiscal year 2007, the Attorney General shall, subject to the availability of appropriations for such purpose, increase by not less than 200 the number of attorneys in United States Attorneys' Offices. The additional attorneys shall be assigned to prosecute offenses relating to the sexual exploitation of children.
Authorization of appropriations
There are authorized to be appropriated to the Department of Justice for fiscal year 2007 such sums as may be necessary to carry out this section.
Additional ICAC Task Forces
Additional Task Forces
In fiscal year 2007, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall, subject to the availability of appropriations for such purpose, increase by not less than 20 the number of Internet Crimes Against Children Task Forces that are part of the Internet Crimes Against Children Task Force Program authorized and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.).
Authorization of appropriations
There are authorized to be appropriated to the Administrator of the Office of Juvenile Justice and Delinquency Prevention for fiscal year 2007 such sums as may be necessary to carry out this section.
Grants for child sexual abuse prevention programs
Definition of State
In this section, the term State
means any
State of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands.
Grants
The Attorney General shall, subject the availability of appropriations, make grants to States, units of local government, Indian tribes, and nonprofit organizations for purposes of establishing and maintaining programs with respect to the prevention of sexual offenses committed against minors.
Authorization of appropriations
There are authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2007 through 2011.