Effective Child Pornography Prosecution Act Of 2007
I thank the gentleman for yielding. 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 gentlewoman…
I thank the gentleman for yielding.
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 gentlewoman from Kansas for all of her hard work, but I am proud to be part of this important bill which will close an unacceptable loophole in the Federal criminal code.
As my colleagues have already pointed out, the U.S. Court of Appeals for the 10th Circuit handed down a decision this year which freed a defendant who had been convicted of receiving and possessing child pornography. The case of U.S. v. Schaefer was not overturned for lack of evidence but rather because the prosecution failed to prove that images downloaded from the Internet moved across State lines in ``interstate commerce.''
The judges who decided this case pointed out that the use of the phrase ``in commerce'' instead of ``affecting commerce'' in the law signaled Congress' intent to limit Federal jurisdiction in the prosecution of child pornographers. As cochair of the Missing and Exploited Children's Caucus, I can assure you, Mr. Speaker, nothing could be further from the truth. We in Congress know the horrible consequences that result from the sexual exploitation of children used to create these images. We also take very seriously our duty to do everything in our power to protect children, punish predators and deter future acts of abuse.
That is why the bill we are considering today deserves our full support. It will close the loophole in current law by replacing the phrase ``in commerce'' with the phrase ``affecting commerce'' in the child pornography statute. It classifies the intent of Congress and will ensure that predators that use the Internet to transmit child pornography end up behind bars where they belong.
I would like to take this opportunity to again thank the gentlewoman from Kansas, my good friend, Nancy Boyda,
for introducing this legislation. I also would like to thank the National Center for Missing and Exploited Children for their assistance and counsel in drafting the bill. Mr. Speaker, as a mother of four and grandmother of seven, I know there is nothing more important than safeguarding our children from predators. We must not allow those who sexually exploit children to avoid prosecution because of a technicality.
I urge all my colleagues to support H.R. 4120 to help close this egregious loophole in the law.