Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2140 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2140
To enhance protection of children from sexual exploitation by
strengthening section 2257 of title 18, United States Code, requiring
producers of sexually explicit material to keep and permit inspection
of records regarding the age of performers, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2005
Mr. Hatch (for himself and Mr. Brownback) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To enhance protection of children from sexual exploitation by
strengthening section 2257 of title 18, United States Code, requiring
producers of sexually explicit material to keep and permit inspection
of records regarding the age of performers, 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 ``Protecting Children from Sexual
Exploitation Act of 2005''.
SEC. 2. RECORD KEEPING OF DIGITAL IMAGES.
Section 2257 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after ``videotape,''
the following: ``digital image, digitally- or computer-
manipulated image of an actual human being, picture,''; and
(2) in subsection (f)(4), by inserting after ``video'' the
following: ``digital image, digitally- or computer-manipulated
image of an actual human being, picture,''.
SEC. 3. OTHER RECORD KEEPING REQUIREMENTS.
Section 2257 of title 18, United States Code, is amended--
(1) in subsection (f), by--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her designee to
conduct an inspection under subsection (c).''; and
(2) by striking subsection (h) and inserting the following:
``(h) In this section--
``(1) the term `actual sexually explicit conduct' means
actual but not simulated conduct as defined in clauses (i)
through (v) of section 2256(2)(A) of this title;
``(2) the term `produces'--
``(A) means--
``(i) actually filming, videotaping,
photographing, creating a picture, digital
image, or digitally- or computer-manipulated
image of an actual human being;
``(ii) digitizing an image, of a visual
depiction of sexually explicit conduct; or,
assembling, manufacturing, publishing,
duplicating, reproducing, or reissuing a book,
magazine, periodical, film, videotape, digital
image, or picture, or other matter intended for
commercial distribution, that contains a visual
depiction of sexually explicit conduct; or
``(iii) inserting on a computer site or
service a digital image of, or otherwise
managing the sexually explicit content, of a
computer site or service that contains a visual
depiction of, sexually explicit conduct; and
``(B) does not include activities that are limited
to--
``(i) photo or film processing, including
digitization of previously existing visual
depictions, as part of a commercial enterprise,
with no other commercial interest in the
sexually explicit material, printing, and video
duplication;
``(ii) distribution;
``(iii) any activity, other than those
activities identified in subparagraph (A), that
does not involve the hiring, contracting for,
managing, or otherwise arranging for the
participation of the depicted performers;
``(iv) the provision of web-hosting
services when the provider does not, and
reasonably cannot, manage the sexually explicit
content of the computer site or service; or
``(v) the provision of an electronic
communication service or remote computing
service when the provider does not, and
reasonably cannot, manage the sexually explicit
content of the computer site or service; and
``(3) the term `performer' includes any person portrayed in
a visual depiction engaging in, or assisting another person to
engage in, actual sexually explicit conduct.''.
SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2257 the following:
``Sec. 2257A. Record keeping requirements for simulated sexual conduct
``(a) Whoever produces any book, magazine, periodical, film,
videotape, or other matter that--
``(1) contains one or more visual depictions of simulated
sexually explicit conduct; and
``(2) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign commerce,
or is shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
``(b) Any person to whom subsection (a) applies shall, with respect
to every performer portrayed in a visual depiction of simulated
sexually explicit conduct--
``(1) ascertain, by examination of an identification
document containing such information, the performer's name and
date of birth, and require the performer to provide such other
indicia of his or her identity as may be prescribed by
regulations;
``(2) ascertain any name, other than the performer's
present and correct name, ever used by the performer including
maiden name, alias, nickname, stage, or professional name; and
``(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) and such other
identifying information as may be prescribed by regulation.
``(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at their business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for
inspection at all reasonable times.
``(d)(1) No information or evidence obtained from records required
to be created or maintained by this section shall, except as provided
in this section, directly or indirectly, be used as evidence against
any person with respect to any violation of law.
``(2) Paragraph (1) shall not preclude the use of such information
or evidence in a prosecution or other action for a violation of this
chapter or chapter 71, or for a violation of any applicable provision
of law with respect to the furnishing of false information.
``(e)(1) Any person to whom subsection (a) applies shall cause to
be affixed to every copy of any matter described in subsection (a)(1)
in such manner and in such form as the Attorney General shall by
regulations prescribe, a statement describing where the records
required by this section with respect to all performers depicted in
that copy of the matter may be located.
``(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by
such organization responsible for maintaining the records required by
this section.
``(f) It shall be unlawful--
``(1) for any person to whom subsection (a) applies to fail
to create or maintain the records as required by subsections
(a) and (c) or by any regulation promulgated under this
section;
``(2) for any person to whom subsection (a) applies
knowingly to make any false entry in or knowingly to fail to
make an appropriate entry in, any record required by subsection
(b) or any regulation promulgated under this section;
``(3) for any person to whom subsection (a) applies
knowingly to fail to comply with the provisions of subsection
(e) or any regulation promulgated pursuant to that subsection;
or
``(4) for any person knowingly to sell or otherwise
transfer, or offer for sale or transfer, any book, magazine,
periodical, film, video, or other matter, produced in whole or
in part with materials which have been mailed or shipped in
interstate or foreign commerce or which is intended for
shipment in interstate or foreign commerce, that--
``(A) contains one or more visual depictions made
after the date of enactment of this subsection of
simulated sexually explicit conduct; and
``(B) is produced in whole or in part with
materials which have been mailed or shipped in
interstate or foreign commerce, or is shipped or
transported or is intended for shipment or
transportation in interstate or foreign commerce;
which does not have affixed thereto, in a manner prescribed as
set forth in subsection (e)(1), a statement describing where
the records required by this section may be located, but such
person shall have no duty to determine the accuracy of the
contents of the statement or the records required to be kept;
and
``(5) for any person to whom subsection (a) applies to
refuse to permit the Attorney General or his or her designee to
conduct an inspection under subsection (c).
``(g) As used in this section, the terms `simulated sexually
explicit conduct', `produces', and `performer' have the same meaning as
in section 2257(h) of this title.
``(h)(1) Whoever violates this section shall be imprisoned for not
more than 1 year, and fined in accordance with the provisions of this
title, or both.
``(2) Whoever violates this section in an effort to conceal a
substantive offense involving the causing, transporting, permitting or
offering or seeking by notice or advertisement, a minor to engage in
sexually explicit conduct for the purpose of producing a visual
depiction of such conduct in violation of this title, or to conceal a
substantive offense that involved trafficking in material involving the
sexual exploitation of a minor, including receiving, transporting,
advertising, or possessing material involving the sexual exploitation
of a minor with intent to traffic, in violation of this title, shall be
imprisoned for not more than 5 years and fined in accordance with the
provisions of this title, or both.
``(3) Whoever violates paragraph (2) after having been previously
convicted of a violation punishable under that paragraph shall be
imprisoned for any period of years not more than 10 years but not less
than 2 years, and fined in accordance with the provisions of this
title, or both.''.
(b) Chapter Analysis.--The chapter analysis for chapter 110 of
title 18, United States Code, is amended by inserting after the item
for section 2257 the following:
``2257A. Record keeping requirements for simulated sexual
conduct.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13810-13811)
Read twice and referred to the Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR S7896)
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