H.R. 7263 – PROTECT Act of 2022

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Updated February 8, 2026 at 10:23 AM UTC

The PROTECT Act of 2022 updates federal law to set clearer, tougher penalties for child pornography offenses. It defines what counts as a child pornography offense and requires courts to impose at least the minimum sentence based on proven facts. The changes apply to anyone convicted of possessing, producing, or distributing child sexual abuse material.

Key Provisions

Adds a definition of “child pornography offense” covering violations, attempts, or conspiracies under statutes 2251, 2251A, 2252(a), 2252A(a), and 2260.
Mandates that sentencing courts must impose a sentence no lower than the statutory minimum based on facts proven at trial or admitted by the defendant.
Allows courts to consider additional facts they find, but they still cannot impose a sentence below the minimum determined from proven facts or the law’s required minimum.
Updates language in sections 2252(b) and 2252A(b) to streamline references to the offenses and reorganizes paragraph numbering.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

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

Crime and Federal Government Surveillance Subcommittee

November 1, 2022

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HouseIntro Referral

Introduced in House

March 29, 2022

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

March 29, 2022

HouseCommittee

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

Crime and Federal Government Surveillance Subcommittee

November 1, 2022

Bill Text

Latest available legislative text

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Introduced in HouseIssued March 29, 2022

I

117th CONGRESS

2d Session

H. R. 7263

IN THE HOUSE OF REPRESENTATIVES

March 29, 2022

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

A BILL

To establish appropriate penalties for possession of child pornography, and for other purposes.

1.

Short title

This Act may be cited as the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act or the PROTECT Act of 2022.

2.

Sentencing for child pornography offenses

(a)

In general

Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following:

(B)

Child pornography offenders

(i)

Definition

In this subparagraph, the term child pornography offense means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260.

(ii)

Facts proven during trial or admitted by the defendant

Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A).

(iii)

Facts found by courts

(I)

In general

Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence.

(II)

Minimum period

Nothing in subclause (I) shall authorize a court to impose a sentence that is less than—

(aa)

the minimum sentence determined in accordance with clause (ii); or

(bb)

the minimum sentence otherwise required by statute.

.

(b)

Penalties for possession

Chapter 110 of title 18, United States Code, is amended—

(1)

in section 2252(b)—

(A)

by striking (1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) and inserting Whoever violates, or attempts or conspires to violate, subsection (a); and

(B)

by striking paragraph (2); and

(2)

in section 2252A(b)—

(A)

in paragraph (1), by inserting (5), after (4),;

(B)

by striking paragraph (2); and

(C)

by redesignating paragraph (3) as paragraph (2).