Child Modeling Exploitation Prevention Act of 2002

Child Modeling Exploitation Prevention Act of 2002 - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a minor under 17 years old to work in exploitive child modeling. Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of "oppressive child labor."

Amends the Federal criminal code to prohibit displaying the image of a child who has not attained the age of 17 years, or offering to provide an image of such a child, with the intent to make a financial gain and without a purpose of marketing a product or service other than the child's image, if such conduct occurs in or affects interstate or foreign commerce. Sets penalties for violations.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4667 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4667

   To protect children from exploitive child modeling, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2002

   Mr. Foley (for himself, Mr. Lampson, Mr. Gilman, Mr. Pomeroy, Mr. 
   Reyes, Mr. Green of Wisconsin, Mr. Wamp, Mr. Diaz-Balart, Ms. Ros-
Lehtinen, Mr. Crenshaw, Mr. Camp, Mr. Wicker, Mr. Putnam, Mr. Jones of 
  North Carolina, Mr. Hoekstra, Mr. Ryan of Wisconsin, Mr. DeLay, and 
  Mrs. Wilson of New Mexico) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To protect children from exploitive child modeling, 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 Modeling Exploitation 
Prevention Act of 2002''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The use of children in the production of exploitive 
        child modeling, including on Internet websites, in photographs, 
        films, videos, and other visual depictions, is a form of child 
        abuse that can result in physical and psychological harm to the 
        children involved.
            (2) Exploitive child modeling is different from other, 
        legitimate, child modeling because exploitive child modeling 
        involves marketing the child himself or herself in lascivious 
        positions and acts, rather than actually marketing products to 
        average American consumers.
            (3) The purpose of exploitive child modeling is to satisfy 
        the demand of pedophiles.
            (4) Unlike legitimate child modeling, exploitive child 
        modeling may involve a direct and personal interaction between 
        the child model and the pedophile. The pedophile often knows 
        the child's name and has a way of communicating with the child.
            (5) The interaction between the exploited child model and 
        the pedophile can lead the child to trust pedophiles and to 
        believe that it is acceptable and safe to meet with pedophiles 
        in private.
            (6) Over 70 percent of convicted pedophiles have used child 
        pornography or exploitive child modeling depictions to whet 
        their sexual appetites. Because children are used in its 
        production, exploitive child modeling can place the child in 
        danger of being abducted, abused, or murdered by the pedophiles 
        who view such depictions.
            (7) These exploitive exhibitions of children are 
        unacceptable by social standards and lead to a direct harm to 
        the children involved.

SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING.

    (a) Prohibition on Employment.--Section 12 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end 
the following new subsection:
    ``(e)(1) No employer may employ a minor under 17 years old to work 
in exploitive child modeling.
    ``(2) Notwithstanding section 16(a), whoever violates paragraph (1) 
shall be fined under title 18 or imprisoned not more than 10 years, or 
both.
    ``(3) In this subsection, the term `exploitive child modeling' 
means the display of a minor (through any medium) without a direct or 
indirect purpose of marketing a product or service other than the 
minor.''.
    (b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C. 
203(l)) is amended--
            (1) by striking ``(1) any'' and inserting ``(A) any'';
            (2) by striking ``(2) any'' and inserting ``(B) any'';
            (3) by inserting ``(1)'' after ``(l)''; and
            (4) by adding at the end the following new paragraph:
    ``(2) Such term includes employment of a minor in violation of 
section 12(e)(1).''.

SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE.

    (a) In General.--110 of title 18, United States Code, is amended by 
inserting after section 2252A the following:
``Sec. 2252B. Exploitive child modeling
    ``Whoever displays, in or affecting interstate or foreign commerce, 
the image of a child who has not attained the age of 17 years, with the 
intent to make a financial gain thereby, or offers, in or affecting 
interstate or foreign commerce, to provide an image of such a child 
with the intent to make a financial gain thereby, without a purpose of 
marketing a product or service other than an image of a child model, 
shall be fined under this title or imprisoned not more than 10 years, 
or both.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 110 of title 18, United States Code, is amended by inserting 
after the item relating to section 2252A the following:

``2252B. Exploitive child modeling.''.
                                 <all>