H.R. 6242 – Reading Mode

111th CONGRESS

2d Session

H. R. 6242

IN THE HOUSE OF REPRESENTATIVES

September 29, 2010

Mr. Childers introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To render inadmissible to the United States aliens who have been convicted of a sex offense against a minor, and for other purposes.

Short title

This Act may be cited as the International Child Protection Act of 2010.

Preventing admission of aliens convicted of sex offenses against minors

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

(J)

Sex offenders

(i)

In general

Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a sex offense is inadmissible.

(ii)

Definitions

(I)

In general

For purposes of clause (i), the term sex offense means a criminal offense, including a Federal offense, against a minor that involves any of the following:

(aa)

Solicitation to engage in sexual conduct.

(bb)

Use in a sexual performance.

(cc)

Solicitation to practice prostitution (whether for financial or other forms of remuneration).

(dd)

Video voyeurism as described in section 1801 of title 18, United States Code.

(ee)

Possession, production, or distribution of child pornography.

(ff)

Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.

(gg)

Sex trafficking of children as described in section 1591 of title 18, United States Code.

(hh)

Transporting a minor in interstate or foreign commerce, or in any commonwealth, territory, or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.

(ii)

Any other conduct that by its nature is a sex offense against a minor.

(II)

Exceptions

The term sex offense shall not include the following:

(aa)

A foreign conviction if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 112 of the Sex Offender Registration and Notification Act (title I of Public Law 109–248; 42 U.S.C. 16911).

(bb)

An offense involving consensual sexual conduct if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.

(III)

Minor

For purposes of subclause (I), the term minor means an individual who has not attained the age of 18 years.

Sense of Congress

It is the sense of the Congress that the Secretary of Homeland Security, the Attorney General, and the Secretary of State should work with law enforcement agencies of foreign countries and appropriate international organizations to establish information reporting mechanisms sufficient to enable the implementation of the amendment made by section 2.