H.R. 4120House110th Congress (2007-2009)Enacted

Effective Child Pornography Prosecution Act of 2007

Introduced November 8, 2007

Legislative Activity

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24 earlier actions
Became Law Latest Action

Became Public Law No: 110-358.

October 8, 2008

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HouseIntro Referral

Introduced in House

November 8, 2007

HouseIntro Referral

Referred to the House Committee on the Judiciary.

November 8, 2007

HouseFloor

Mr. Conyers moved to suspend the rules and pass the bill.

November 13, 2007 • 4:52 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H13591-13593)

November 13, 2007 • 4:52 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4120.

November 13, 2007 • 4:52 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

November 13, 2007 • 5:05 PM

HouseFloor

Considered as unfinished business. (consideration: CR H13916-13917)

November 14, 2007 • 7:02 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 1105).(text: CR 11/13/2007 H13591)

November 14, 2007 • 7:08 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 14, 2007 • 7:08 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 0 (Roll no. 1105). (text: CR 11/13/2007 H13591)

November 14, 2007 • 7:08 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

November 15, 2007

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.

September 23, 2008

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S9343-9344)

September 23, 2008

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

September 23, 2008

SenateFloor

Message on Senate action sent to the House.

September 24, 2008

HouseResolving Differences

Ms. Lofgren, Zoe moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H9887-9889)

September 25, 2008 • 12:13 PM

HouseFloor

The House proceeded with forty minutes of debate on H.R. 4120.

September 25, 2008 • 12:13 PM

HouseResolving Differences

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Cannon objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

September 25, 2008 • 12:15 PM

HouseNot Used

Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 656).(consideration: CR H10058-10059; text as House agreed to Senate amendment: CR 9/25/2008 H9887-9888)

September 26, 2008

HouseResolving Differences

On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 656). (consideration: CR H10058-10059; text as House agreed to Senate amendment: CR 9/25/2008 H9887-9888)

September 26, 2008 • 3:28 PM

HouseResolving Differences

Motion to reconsider laid on the table Agreed to without objection.

September 26, 2008 • 3:28 PM

HouseAction

Cleared for White House.

September 26, 2008

President

Presented to President.

September 30, 2008

Became Law

Signed by President.

October 8, 2008

Became Law

Became Public Law No: 110-358.

October 8, 2008

Floor Debate

19 members

What members said about H.R. 4120 on the floor

10 Republicans9 Democrats
David Dreier
Rep. David DreierR-CA-26 · Nov 14, 2007

Mr. Speaker, I yield myself such time as I may consume, and I rise to express my appreciation to my friend from Worcester for yielding me the customary 30 minutes. Mr. Speaker, as I listened to my…

David Dreier
Rep. David DreierR-CA-26 · Sep 26, 2008

Mr. Speaker, I would like to inquire of my colleague; I understand that the customary 30 minutes was yielded to my friend from Pasco, Washington. And I would just like to state for the record that I…

Kathy Castor
Rep. Kathy CastorD-FL-11 · Sep 26, 2008

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1503 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Nov 14, 2007

Mr. Speaker, the American people get it. Over 50 percent of the American people believe that we should now begin a reduction of our troops. As I listened here on the floor of the house, and I…

Louie Gohmert
Rep. Louie GohmertR-TX-1 · Nov 13, 2007

Mr. Speaker, I ask to manage the time on behalf of the opposition since I am opposed to the bill in its current form. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am sure…

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James P. McGovern
Rep. James P. McGovernD-MA-3 · Nov 14, 2007

Mr. Speaker, by direction of the Committee on Rules, I call up H. Res. 818 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Nov 13, 2007

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1593) to reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Nov 13, 2007

Mr. Speaker, I rise in strong support of H.R. 1593, the Second Chance Act of 2007. I would like to thank my dear colleague Mr. Danny Davis of Illinois for sponsoring this very important legislation…

Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Sep 25, 2008

Madam Speaker, I would like to thank my good friend, Mr. Cardoza, the gentleman from California, for the time; and I yield myself such time as I may consume. Madam Speaker, on the opening day of this…

Greg Walden
Rep. Greg WaldenR-OR-2 · Sep 26, 2008

Mr. Speaker, will the gentlewoman yield? I appreciate that, because I appreciate her comment about rising above partisanship. I guess what troubles us on this side of the aisle is we are being denied…

Jerry Lewis
Rep. Jerry LewisR-CA-41 · Nov 14, 2007

I appreciate the Speaker's help in this matter, but in the meantime, I appreciate my colleague yielding. Mr. Speaker, the wheels have finally come off the appropriations process. One need only to…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Nov 13, 2007

Mr. Speaker, will the gentleman yield? Let me say for the record my name is Stephanie Tubbs Jones. I am the Congresswoman from Cleveland, Ohio. I served for 10 years as a judge in Cuyahoga County,…

Gwen Moore
Rep. Gwen MooreD-WI-4 · Nov 13, 2007

I thank you, Mr. Chairman. Mr. Speaker, I rise today in strong support of the Second Chance Act. According to the 2001 census, Wisconsin had the highest incarceration rate for African American males…

Show 11 more
Dennis A. Cardoza
Rep. Dennis A. CardozaD-CA-18 · Sep 25, 2008

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1491 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Nov 13, 2007

Mr. Speaker, I rise in strong support of H.R. 1593, The Second Chance Act. I thank Congressman Danny Davis for introducing this important legislation and thank him for his leadership in support of…

Mike Pence
Rep. Mike PenceR-IN-6 · Nov 14, 2007

I thank the gentleman for yielding. I rise in opposition to the rule and the bill. The tide is turning in Iraq, Mr. Speaker, but nothing changes on Capitol Hill. Here we go again. Another Democrat…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 26, 2008

I thank the gentlelady very much. Mr. Speaker, I think it's important for the American people and my colleagues here to understand just what we are discussing. I am delighted that the gentlelady from…

Chris Cannon
Rep. Chris CannonR-UT-3 · Sep 25, 2008

Mr. Speaker, I yield myself such time as I may consume. I would just like to thank the gentlewoman from California for taking the lead here today on this issue. It is an important issue, and she has…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Nov 13, 2007

Mr. Speaker, I rise in support of the ``Second Chance Act of 2007.'' I commend Chairman Conyers, Crime Subcommittee Chairman Scott, along with Ranking Member Mr. Forbes, and Representatives Chris…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Nov 13, 2007

Mr. Speaker, I move to suspend the rules and pass 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…

Chris Cannon
Rep. Chris CannonR-UT-3 · Nov 13, 2007

Mr. Speaker, I rise in support of the Second Chance Act. This is an important bill not only to ex-offenders but to our communities and families. This bill is a modest, commonsense response to the…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Sep 26, 2008

I want to thank the gentlewoman from Florida, and I certainly associate myself with her remarks with regard to this very important stimulus bill. I want to rise in strong support of the rule allowing…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Nov 13, 2007

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 4120, the Effective Child Pornography Prosecution Act of 2007. This bill responds to a recent decision…

Judy Biggert
Rep. Judy BiggertR-IL-13 · Sep 27, 2008

Mr. Speaker, I rise today to express my strong support for H.R. 4120, the Effective Child Pornography Prosecution Act. I am very pleased to be the lead Republican cosponsor, and I thank the…

Bill Text

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Enrolled BillIssued September 26, 2008

One Hundred Tenth Congress of the United States of America

At the Second Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

H. R. 4120

AN ACT

To amend title 18, United States Code, to provide for more effective prosecution of cases involving child pornography, and for other purposes.

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.

I

Effective Child Pornography Prosecution Act of 2007

101.

Short title

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

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.

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,.

II

Enhancing the Effective Prosecution of Child Pornography Act of 2007

201.

Short title

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

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.

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.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate.