Internet Stopping Adults Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2006 - Amends the federal criminal code to prohibit: (1) financial transactions that facilitate access to, or the possession of, child pornography; (2) the operation of a child exploitation enterprise; and (3) the use of deceptive wording or images to deceive persons, including minors, into viewing obscene material on the Internet.
Increases criminal penalties for: (1) registered sex offenders who commit a felony offense involving a child; and (2) activities involving the sexual exploitation of children and child pornography.
Amends the Victims of Child Abuse Act of 1990 to: (1) increase monetary penalties for willful failure of electronic communication service providers to report child pornography; and (2) impose new penalties for negligent failure to report.
Requires commercial website operators to place warning marks prescribed by the Federal Trade Commission on web pages that contain sexually explicit material.
Includes within the definitions of racketeering activity and money laundering the crimes of child pornography and child sexual exploitation. Expands civil remedies for victims of sex crimes against children.
Establishes in the Department of Justice an Office on Sexual Violence and Crimes against Children.
Authorizes additional (not less than 200) U.S. attorneys in FY2007 to prosecute crimes relating to the sexual exploitation of children.
Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to increase the number of Internet Crimes Against Children Task Forces.
Directs the Attorney General to make grants to states, local governments, Indian tribes, and nonprofit organizations to establish and maintain programs for the prevention of sexual offenses against minors.
Amends the USA PATRIOT Act to increase funding for regional computer forensic laboratories.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5749 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5749
To amend title 18, United States Code, to protect youth from
exploitation by adults using the Internet, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2006
Mr. Foley (for himself and Mr. Fitzpatrick of Pennsylvania) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect youth from
exploitation by adults using the Internet, 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 ``Internet Stopping Adults
Facilitating the Exploitation of Today's Youth Act (SAFETY) of 2006''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``Whoever knowingly conducts, or attempts or conspires to conduct,
a financial transaction (as defined in section 1956(c)) in or affecting
interstate or foreign commerce, knowing that such transaction will
facilitate access to, or the possession of, child pornography (as
defined in section 2256) shall be fined under this title or imprisoned
not more than 20 years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960A. Financial facilitation of access to child pornography.''.
SEC. 3. CHILD EXPLOITATION ENTERPRISES.
Section 2252A of title 18, United States Code, is amended by adding
at the end the following:
``(g) Child Exploitation Enterprises.--
``(1) Whoever engages in a child exploitation enterprise
shall be fined under this title and imprisoned for any term of
years not less than 20 or for life.
``(2) A person engages in a child exploitation enterprise
for the purposes of this section if the person violates section
1466A, 1470, or 1591, section 1201 if the victim is a minor, or
chapter 110 or 117, as a part of a series of felony violations
constituting three or more separate incidents and commits those
offenses in concert with three or more other persons.''.
SEC. 4. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.
(a) Offense.--Chapter 110 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2260A. Increased penalties for registered sex offenders
``Whoever, being required by Federal or other law to register as a
sex offender, commits a felony offense involving a minor under section
1201, 1466A, 1470, or 1591, or chapter 110 or 117 shall be fined under
this title and imprisoned 10 years, or both, in addition to the
imprisonment imposed for the offense under that provision. The sentence
imposed under this section shall be consecutive to any sentence imposed
for the offense under that provision.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110 of title 18, United States Code, is amended by adding at
the end the following new item:
``2260A. Increased penalties for registered sex offenders.''.
SEC. 5. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND EXPLOITATION OF
CHILDREN.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960B. Internet facilitation of child pornography and
exploitation of children
``(a) Offense.--Whoever, being an Internet content hosting provider
or email service provider, knowingly engages in any conduct the
provider knows or has reason to believe facilitates access to, or the
possession of, child pornography (as defined in section 2256) shall be
fined under this title or imprisoned not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `Internet content hosting provider' means a
service that--
``(A) stores, through electromagnetic or other
means, electronic data, including the content of web
pages, electronic mail, documents, images, audio and
video files, online discussion boards, and weblogs; and
``(B) makes such data available via the Internet
``(2) the term `email service provider' means a person
that--
``(A) provides a service, using the Internet, for
the transmission, receipt, storage, and retrieval, by
registered users, of electronic mail messages; and
``(B) receives the content of, and recipient list
for, electronic mail messages that it transmits,
receives, or stores for the person or entity procuring
such services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960B. Internet facilitation of child pornography and exploitation of
children.''.
SEC. 6. CHILD PORNOGRAPHY REPORTING.
(a) Child Pornography Reporting.--Section 227(b)(4) of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read
as follows:
``(4) Failure to report.--
``(A) Knowing failure.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who knowingly fails to make
a report under that paragraph shall be fined--
``(i) in the case of an initial failure to
make a report, not more than $150,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $300,000.
``(B) Negligent failure.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who negligently fails to
make a report under that paragraph shall be subject to
a civil penalty of--
``(i) in the case of an initial failure to
make a report, not more than $50,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $100,000.
``(C) Authority.--For the purposes of this
paragraph, the Federal Communications Commission--
``(i) may levy civil penalties under
subparagraph (B); and
``(ii) shall promulgate regulations, in
consultation with the Attorney General, to--
``(I) effectuate the purposes of
subparagraph (B); and
``(II) provide for appropriate
administrative review of any civil
penalties levied under that
subparagraph.''.
SEC. 7. DECEPTION BY EMBEDDED WORDS OR IMAGES.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 225B the following:
``Sec. 2252C. Misleading words or digital images on the Internet
``(a) In General.--Whoever knowingly embeds words or digital images
into the source code of a website with the intent to deceive a person
into viewing material constituting obscenity shall be fined under this
title and imprisoned for not less than 2 years nor more than 10 years.
``(b) Minors.--Whoever knowingly embeds words or digital images
into the source code of a website with the intent to deceive a minor
into viewing material harmful to minors on the Internet shall be fined
under this title and imprisoned for not less than 5 years nor more than
20 years.
``(c) Construction.--For the purposes of this section, a word or
digital image that clearly indicates the sexual content of the site,
such as `sex' or `porn', is not misleading.
``(d) Definitions.--As used in this section--
``(1) the terms `material that is harmful to minors' and
`sex' have the meaning given such terms in section 2252B; and
``(2) the term `source code' means the combination of text
and other characters comprising the content, both viewable and
nonviewable, of a web page, including any website publishing
language, programming language, protocol or functional content,
as well as any successor languages or protocols.''.
(b) Table of Sections.--The table of sections for chapter 110 of
title 18, United States Code, is amended by inserting after the item
relating to section 2252B the following:
``2252C. Misleading words or digital images on the Internet.''.
SEC. 8. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES
CONTAINING SEXUALLY EXPLICIT MATERIAL.
(a) Definitions.--As used in this section--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``website'' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol except that the
term does not include any collection of material where access
to sexually explicit material is restricted to a specific set
of individuals through the provision of a password or through
another access restriction mechanism;
(3) the term ``sexually explicit material'' means any
material that depicts sexually explicit conduct (as that term
is defined in subsection (2)(A) of section 2256 of title 18,
United States Code), unless the depiction constitutes a small
and insignificant part of the whole, the remainder of which is
not primarily devoted to sexual matters;
(4) the term ``Internet'' means the combination of computer
facilities and electromagnetic transmission media, and related
equipment and software, comprising the interconnected worldwide
network of computer networks that employ the Transmission
Control Protocol/Internet Protocol or any successor protocol to
transmit information; and
(5) the term ``Internet access service''--
(A) means a service that enables users to access
content, information, electronic mail, or other
services offered over the Internet, and may also
include access to proprietary content, information, and
other services as part of a package of services offered
to consumers; and
(B) does not include telecommunications services.
(b) Labeling Requirement.--Except as provided in subsection (d), no
person who operates a website that is primarily operated for commercial
purposes, in or affecting interstate or foreign commerce, may
knowingly, and with knowledge of the character of the material, place
on that website sexually explicit material, and fail--
(1) to include on each page of the website that contains
sexually explicit material, the marks and notices prescribed by
the Commission under subsection (c); or
(2) to ensure that the matter on the website that is
initially viewable, absent any further actions by the viewer,
does not include any sexually explicit material.
(c) Prescription of Marks and Notices.--Not later than 90 days
after the date of enactment of this Act, the Commission shall, in
consultation with the Attorney General, establish by regulation clearly
identifiable marks or notices to be included in the code, if
technologically feasible, or if not feasible on the pages, of websites
that contain sexually explicit material in order to inform the viewer
of that fact and to facilitate the filtering of such pages.
(d) Inapplicability to Carriers and Other Service Providers.--This
section shall not apply to a person, to the extent that such person
is--
(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
(2) a person engaged in the business of providing an
Internet access service; or
(3) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another person,
without selection or alteration of the content of the
communication, and such person's deletion of a particular
communication or material made by another person in a manner
consistent with any applicable law or regulation shall not
constitute selection or alteration of the content of the
communication.
(e) Penalties.--Whoever violates subsection (b) shall be fined
under title 18, United States Code, imprisoned not more than 15 years,
or both.
SEC. 9. RICO PREDICATES.
Section 1961(1) is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' after ``sections
1461-1465 (relating to obscene matter),'';
(2) by inserting ``1960A (relating to financial
facilitation of access to child pornography), 1960B (relating
to Internet facilitation of child pornography and exploitation
of children),'' after ``section 1958 (relating to use of
interstate commerce facilities in the commission of murder-for-
hire),''; and
(3) by inserting ``2252A (relating to child pornography),
2260A (relating to increased penalties for registered sex
offenders),'' before ``sections 2312''.
SEC. 10. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' before ``section
1708'';
(2) ``1960A (relating to financial facilitation of access
to child pornography), 1960B (relating to Internet facilitation
of child pornography and exploitation of children),'' before
``section 2113''; and
(3) by inserting ``2252A (relating to child pornography),
2260A (relating to increased penalties for registered sex
offenders),'' before ``section 2280''.
SEC. 11. MASHA'S LAW.
Section 2255 of title 18, United States Code, is amended to read as
follows:
``(a) Any person aggrieved by a violation of section 2241(c), 2242,
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 may in a civil
action obtain appropriate relief.
``(b) An action under this section is barred if the complaint is
filed more than 10 years after the right of action accrues.''.
SEC. 12. INCREASED PENALTIES FOR CERTAIN OFFENSES.
Sections 2252(b)(1) and 2252A(b)(1) of title 18, United States
Code, are each amended--
(1) by striking ``5 years'' and inserting ``10 years''; and
(2) by striking ``20 years'' and inserting ``30 years''.
SEC. 13. OFFICE ON SEXUAL VIOLENCE AND CRIMES AGAINST CHILDREN.
(a) Establishment.--There is established within the Department of
Justice, under the general authority of the Attorney General, an Office
on Sexual Violence and Crimes against Children (hereinafter in this
subtitle referred to as the ``Office'').
(b) Director.--The Office shall be headed by a Director who shall
be appointed by the President. The Director shall report to the
Attorney General through the Assistant Attorney General for the Office
of Justice Programs and shall have final authority for all grants,
cooperative agreements, and contracts awarded by the Office. The
Director shall not engage in any employment other than that of serving
as the Director, nor shall the Director hold any office in, or act in
any capacity for, any organization, agency, or institution with which
the Office makes any contract or other arrangement.
(c) Duties and Functions.--The Office is authorized to--
(1) administer the standards for sex offender registration
and notification programs set forth in this title;
(2) administer grant programs relating to sex offender
registration and notification authorized by this title and
other grant programs authorized by this title as directed by
the Attorney General;
(3) cooperate with and provide technical assistance to
States, units of local government, tribal governments, and
other public and private entities involved in activities
related to sex offender registration or notification or to
other measures for the protection of children or other members
of the public from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General
may delegate.
SEC. 14. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL
EXPLOITATION OF CHILDREN.
(a) Additional Prosecutors.--In fiscal year 2007, the Attorney
General shall, subject to the availability of appropriations for such
purpose, increase by not less than 200 the number of attorneys in the
United States Attorneys' offices to prosecute offenses relating to the
sexual exploitation of children.
(b) Definition.--For purposes of this section, the term ``offenses
relating to the sexual exploitation of children'' shall include any
offense committed in violation of--
(1) section 1201(g) of title 18, United States Code;
(2) chapter 71 of title 18, United States Code, involving
an obscene visual depiction of a minor, or transfer of obscene
materials to a minor;
(3) section 1591 of title 18, United States Code, involving
a person who has not attained the age of 18 years;
(4) chapter 109A of title 18, United States Code, involving
a sexual act or sexual contact with a minor, or sexual abuse of
a minor;
(5) chapter 110 of title 18, United States Code; or
(6) chapter 117 of title 18, United States Code, involving
coercion or enticement of a minor, transportation of a minor,
or transmittal of information about a minor.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice for fiscal year 2007 such
sums as may be necessary to carry out this section.
SEC. 15. ADDITIONAL ICAC TASK FORCES.
(a) Additional Task Forces.--In fiscal year 2007, the Administrator
of the Office of Juvenile Justice and Delinquency Prevention shall,
subject to the availability of appropriations for such purpose,
increase by not less than 20 the number of Internet Crimes Against
Children Task Forces that are part of the Internet Crimes Against
Children Task Force Program authorized and funded under title IV of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771
et seq.).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator of the Office of Juvenile Justice and
Delinquency Prevention for fiscal year 2007 such sums as may be
necessary to carry out this section.
SEC. 16. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION PROGRAMS.
(a) In General.--The Attorney General shall, subject to the
availability of appropriations, make grants to States, units of local
government, Indian tribes, and nonprofit organizations for purposes of
establishing and maintaining programs with respect to the prevention of
sexual offenses committed against minors.
(b) Definition of State.--For purposes of this section, the term
``State'' means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2007 through 2011.
SEC. 17. CYBERSECURITY FORENSIC CAPABILITIES.
Section 816(b)(1) of the USA PATRIOT Act (28 U.S.C. 509 note) is
amended by striking ``$50,000,000'' and inserting ``$70,000,000''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line