Child Pornography Prevention Act of 1996 - Amends the Federal criminal code to prohibit and set penalties for specified activities relating to material: (1) constituting or containing child pornography, including knowingly possessing any book, magazine, periodical, film, videotape, computer disk, or other material that contains three or more images of child pornography (and enhances penalties if the offender has a prior Federal or State conviction relating to aggravated sexual abuse, sexual abuse, abusive sexual conduct involving a minor or ward, or for specified activities relating to child pornography (prior conviction)); and (2) depicting the sexual exploitation of minors, including knowingly mailing, or transporting or shipping in interstate or foreign commerce, including by computer, any visual depiction created, adapted, or modified to appear that an identifiable minor is engaged in sexually explicit conduct. Revises the definition of "visual depiction" to include data stored on computer disk or by electronic means which is capable of conversion into a visual image. Defines "identifiable minor" to mean a person who was a minor at the time the visual depiction was created, adapted, or modified or whose image as a minor was used in creating, adapting, or modifying such depiction and who is recognizable by the person's face, likeness, or other distinguishing characteristic (but proof of the actual identity of such minor is not required).
Increases and expands the scope of penalties for sexual exploitation of children. Revises provisions regarding activities relating to material involving the sexual exploitation of minors, including providing enhanced penalties for offenders having a prior conviction.
Amends the Privacy Protection Act of 1980 to authorize certain searches and seizures of work product materials and other documents if an offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, or the sale or purchase of children.
Amber Hagerman Child Protection Act of 1996 - Modifies code provisions regarding aggravated sexual abuse and sexual abuse of a minor, including by: (1) setting penalties for crossing a State line with intent to engage in a sexual act with a person under age 12; and (2) providing for life imprisonment (unless the death penalty is imposed) for violation of such provisions if the defendant has previously been convicted of specified Federal or State offenses involving aggravated sexual abuse or sexual abuse of a minor.
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4331 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4331
To amend certain provisions of law relating to child pornography, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 30, 1996
Mr. Kennedy of Massachusetts introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend certain provisions of law relating to child pornography, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Pornography Prevention Act of
1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the use of children in the production of sexually
explicit material, including photographs, films, videos,
computer images, and other visual depictions, is a form of
sexual abuse which can result in physical or psychological
harm, or both, to the children involved;
(2) where children are used in its production, child
pornography permanently records the victim's abuse, and its
continued existence causes the child victims of sexual abuse
continuing harm by haunting those children in future years;
(3) child pornography is often used as part of a method of
seducing other children into sexual activity; a child who is
reluctant to engage in sexual activity with an adult, or to
pose for sexually explicit photographs, can sometimes be
convinced by viewing depictions of other children ``having
fun'' participating in such activity;
(4) child pornography is often used by pedophiles and child
sexual abusers to stimulate and whet their own sexual
appetites, and as a model for sexual acting out with children;
such use of child pornography can desensitize the viewer to the
pathology of sexual abuse or exploitation of children, so that
it can become acceptable to and even preferred by the viewer;
(5) new photographic and computer imaging technologies make
it possible to produce by electronic, mechanical, or other
means, visual depictions of what appear to be children engaging
in sexually explicit conduct that are virtually
indistinguishable to the unsuspecting viewer from unretouched
photographic images of actual children engaging in sexually
explicit conduct;
(6) computers and computer imaging technology can be used
to--
(A) alter sexually explicit photographs, films, and
videos in such a way as to make it virtually impossible
for unsuspecting viewers to identify individuals, or to
determine if the offending material was produced using
children;
(B) produce visual depictions of child sexual
activity designed to satisfy the preferences of
individual child molesters, pedophiles, and pornography
collectors; and
(C) alter innocent pictures of children to create
visual depictions of those children engaging in sexual
conduct;
(7) The creation or distribution of child pornography which
includes an image of a recognizable minor invades the child's
privacy and reputational interests, since images that are
created showing a child's face or other identifiable feature on
a body engaging in sexually explicit conduct can haunt the
minor for years to come;
(8) the effect of visual depictions of child sexual
activity on a child molester or pedophile using that material
to stimulate or whet his own sexual appetites, or on a child
where the material is being used as a means of seducing or
breaking down the child's inhibitions to sexual abuse or
exploitation, is the same whether the child pornography
consists of photographic depictions of actual children or
visual depictions produced wholly or in part by electronic,
mechanical, or other means, including by computer, which are
virtually indistinguishable to the unsuspecting viewer from
photographic images of actual children;
(9) the danger to children who are seduced and molested
with the aid of child sex pictures is just as great when the
child pornographer or child molester uses visual depictions of
child sexual activity produced wholly or in part by electronic,
mechanical, or other means, including by computer, as when the
material consists of unretouched photographic images of actual
children engaging in sexually explicit conduct;
(10)(A) the existence of and traffic in child pornographic
images creates the potential for many types of harm in the
community and presents a clear and present danger to all
children; and
(B) it inflames the desires of child molesters, pedophiles,
and child pornographers who prey on children, thereby
increasing the creation and distribution of child pornography
and the sexual abuse and exploitation of actual children who
are victimized as a result of the existence and use of these
materials;
(11)(A) the sexualization and eroticization of minors
through any form of child pornographic images has a deleterious
effect on all children by encouraging a societal perception of
children as sexual objects and leading to further sexual abuse
and exploitation of them; and
(B) this sexualization of minors creates an unwholesome
environment which affects the psychological, mental and
emotional development of children and undermines the efforts of
parents and families to encourage the sound mental, moral and
emotional development of children;
(12) prohibiting the possession and viewing of child
pornography will encourage the possessors of such material to
rid themselves of or destroy the material, thereby helping to
protect the victims of child pornography and to eliminate the
market for the sexual exploitative use of children; and
(13) the elimination of child pornography and the
protection of children from sexual exploitation provide a
compelling governmental interest for prohibiting the
production, distribution, possession, sale, or viewing of
visual depictions of children engaging in sexually explicit
conduct, including both photographic images of actual children
engaging in such conduct and depictions produced by computer or
other means which are virtually indistinguishable to the
unsuspecting viewer from photographic images of actual children
engaging in such conduct.
SEC. 3. DEFINITIONS.
Section 2256 of title 18, United States Code, is amended--
(1) in paragraph (5), by inserting before the semicolon the
following: ``, and data stored on computer disk or by
electronic means which is capable of conversion into a visual
image'';
(2) in paragraph (6), by striking ``and'';
(3) in paragraph (7), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following new paragraph:
``(8) `child pornography' means any visual depiction,
including any photograph, film, video, picture, or computer or
computer-generated image or picture, whether made or produced
by electronic, mechanical, or other means, of sexually explicit
conduct, where--
``(A) the production of such visual depiction
involves the use of a minor engaging in sexually
explicit conduct;
``(B) such visual depiction is, or appears to be,
of a minor engaging in sexually explicit conduct; or
``(C) such visual depiction has been created,
adapted, or modified to appear that an identifiable
minor is engaging in sexually explicit conduct; or
``(D) such visual depiction is advertised,
promoted, presented, described, or distributed in such
a manner that conveys the impression that the material
is or contains a visual depiction of a minor engaging
in sexually explicit conduct; and
``(9) `identifiable minor'--
``(A) means a person--
``(i)(I) who was a minor at the time the
visual depiction was created, adapted, or
modified; or
``(II) whose image as a minor was used in
creating, adapting, or modifying the visual
depiction; and
``(ii) who is recognizable as an actual
person by the person's face, likeness, or other
distinguishing characteristic, such as a unique
birthmark or other recognizable feature; and
``(B) shall not be construed to require proof of
the actual identity of the identifiable minor.''.
SEC. 4. PROHIBITED ACTIVITIES RELATING TO MATERIAL CONSTITUTING OR
CONTAINING CHILD PORNOGRAPHY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by adding after section 2252 the following:
``Sec. 2252A. Certain activities relating to material constituting or
containing child pornography
``(a) Any person who--
``(1) knowingly mails, or transports or ships in interstate
or foreign commerce by any means, including by computer, any
child pornography;
``(2) knowingly receives or distributes--
``(A) any child pornography that has been mailed,
or shipped or transported in interstate or foreign
commerce by any means, including by computer; or
``(B) any material that contains child pornography
that has been mailed, or shipped or transported in
interstate or foreign commerce by any means, including
by computer;
``(3) knowingly reproduces any child pornography for
distribution through the mails, or in interstate or foreign
commerce by any means, including by computer;
``(4) either--
``(A) in the special maritime and territorial
jurisdiction of the United States, or on any land or
building owned by, leased to, or otherwise used by or
under the control of the United States Government, or
in the Indian country (as defined in section 1151),
knowingly sells or possesses with the intent to sell
any child pornography; or
``(B) knowingly sells or possesses with the intent
to sell any child pornography that has been mailed, or
shipped or transported in interstate or foreign
commerce by any means, including by computer, or that
was produced using materials that have been mailed, or
shipped or transported in interstate or foreign
commerce by any means, including by computer; or
``(5) either--
``(A) in the special maritime and territorial
jurisdiction of the United States, or on any land or
building owned by, leased to, or otherwise used by or
under the control of the United States Government, or
in the Indian country (as defined in section 1151),
knowingly possesses any book, magazine, periodical,
film, videotape, computer disk, or any other material
that contains 3 or more images of child pornography; or
``(B) knowingly possesses any book, magazine,
periodical, film, videotape, computer disk, or any
other material that contains 3 or more images of child
pornography that has been mailed, or shipped or
transported in interstate or foreign commerce by any
means, including by computer, or that was produced
using materials that have been mailed, or shipped or
transported in interstate or foreign commerce by any
means, including by computer,
shall be punished as provided in subsection (b).
``(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), (3), or (4) of subsection (a) shall be fined under
this title or imprisoned not more than 15 years, or both, but, if such
person has a prior conviction under this chapter or chapter 109A, or
under the laws of any State relating to aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography, such person shall be fined
under this title and imprisoned for not less than 5 years nor more than
30 years.
``(2) Whoever violates, or attempts or conspires to violate,
subsection (a)(5) shall be fined under this title or imprisoned not
more than 5 years, or both, but, if such person has a prior conviction
under this chapter or chapter 109A, or under the laws of any State
relating to the possession of child pornography, such person shall be
fined under this title and imprisoned for not less than 2 years nor
more than 10 years.
``(c) It shall be an affirmative defense to a charge of violating
paragraphs (1), (2), (3), or (4) of subsection (a) that--
``(1) the alleged child pornography was produced using an
actual person or persons engaging in sexually explicit conduct;
``(2) each such person was an adult at the time the
material was produced; and
``(3) the defendant did not advertise, promote, present,
describe, or distribute the material in such a manner as to
convey the impression that it is or contains a visual depiction
of a minor engaging in sexually explicit conduct.''.
(b) Technical Amendment.--The table of sections for chapter 110 of
title 18, United States Code, is amended by adding after the item
relating to section 2252 the following:
``2252A. Certain activities relating to material constituting or
containing child pornography.''.
SEC. 5. PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is amended to read
as follows:
``(d) Any individual who violates, or attempts or conspires to
violate, this section shall be fined under this title or imprisoned not
less than 10 years nor more than 20 years, and both, but if such person
has one prior conviction under this chapter or chapter 109A, or under
the laws of any State relating to the sexual exploitation of children,
such person shall be fined under this title and imprisoned for not less
than 15 years nor more than 30 years, but if such person has 2 or more
prior convictions under this chapter of chapter 109A, or under the laws
of any State relating to the sexual exploitation of children, such
person shall be fined under this title and imprisoned not less than 30
years nor more than life. Any organization that violates, or attempts
or conspires to violate, this section shall be fined under this title.
Whoever, in the course of an offense under this section, engages in
conduct that results in the death of a person, shall be punished by
death or imprisoned for any term of years or for life.''.
SEC. 6. MATERIAL INVOLVING SEXUAL EXPLOITATION OF MINORS.
Section 2252 of title 18, United States Code, is amended--by
striking subsection (b) and inserting the following:
``(b)(1) Whoever violates, or attempts or conspires to violate,
paragraphs (1), (2), or (3) of subsection (a) shall be fined under this
title or imprisoned not more than 15 years, or both, but if such person
has a prior conviction under this chapter or chapter 109A, or under the
laws of any State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a minor or ward, or the production,
possession, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography, such person shall be fined under
this title and imprisoned for not less than 5 years nor more than 30
years.
``(2) Whoever violates, or attempts or conspires to violate,
paragraph (4) of subsection (a) shall be fined under this title or
imprisoned not more than 5 years, or both, but if such person has a
prior conviction under this chapter or chapter 109A, or under the laws
of any State relating to the possession of child pornography, such
person shall be fined under this title and imprisoned for not less than
2 years nor more than 10 years.''.
SEC. 7. PRIVACY PROTECTION ACT AMENDMENTS.
Section 101 of the Privacy Protection Act of 1980 (42 U.S.C.
2000aa) is amended--
(1) in subsection (a)(1), by inserting before the
parenthesis at the end the following: ``, or if the offense
involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography,
the sexual exploitation of children, or the sale or purchase of
children under section 2251, 2251A, 2252, 2252A, or 2252B of
title 18, United States Code''; and
(2) in subsection (b)(1), by inserting before the
parenthesis at the end the following: ``, or if the offense
involves the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography,
the sexual exploitation of children, or the sale or purchase of
children under section 2251, 2251A, 2252, 2252A, or 2252B of
title 18, United States Code''.
SEC. 8. AMBER HAGERMAN CHILD PROTECTION ACT OF 1996
(a) Short Title.--This section may be cited as the ``Amber Hagerman
Child Protection Act of 1996''.
(b) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of title
18, United States Code, is amended to read as follows:
``(c) With Children.--Whoever crosses a State line with intent to
engage in a sexual act with a person who has not attained the age of 12
years, or in the special maritime and territorial jurisdiction of the
United States or in a Federal prison, knowlingly engages in a sexual
act with another person who has not attained the age of 12 years, or
knowingly engages in a sexual act under the circumstances described in
subsections (a) and (b) with another person who has attained the age of
12 years but has not attained the age of 16 years (and is at least 4
years younger than that person), or attempts to do so, shall be fined
under this title, imprisoned for any term of years or life, or both. If
the defendant has previously been convicted of another Federal offense
under this subsection, or of a State offense that would have been an
offense under either such provision had the offense occurred in a
Federal prison, unless the death penalty is imposed, the defendant
shall be sentenced to life in prison.''.
(c) Sexual Abuse of a Minor.--Section 2243(a) of title 18, United
States Code, is amended by inserting ``crosses a State line with intent
to engage in a sexual act with a person who has not attained the age of
12 years, or'' after ``Whoever''.
SEC. 9. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such to any
other person or circumstance shall not be affected thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime.
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