Internet Safety (Stop Adults Facilitating the Exploitation of Youth) Act 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 pornography 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; (2) the sexual exploitation of children; (3) child pornography; and (4) child sex trafficking and sexual abuse.
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.
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.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3499 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3499
To amend title 18, United States Code, to protect youth from
exploitation by adults using the Internet, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2006
Mr. Kyl (for himself, Mr. Grassley, Mr. DeWine, Mr. Cornyn, Mr.
Brownback, Ms. Snowe, Mr. Burns, Mrs. Hutchison, and Mr. Allen)
introduced the following bill; which was read twice and 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 Safety (Stop Adults
Facilitating the Exploitation of Youth) Act 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 10 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 SEXUAL EXPLOITATION ENTERPRISES.
Section 2252A of title 18, United States Code, is amended by adding
at the end the following:
``(g) Child Pornography Enterprises.--
``(1) Whoever engages in a child pornography enterprise
shall be fined under this title and imprisoned for any term of
years not less than 10 or for life. The sentence imposed under
this subsection shall be consecutive to any other sentence
imposed in relation to the conduct punished under this
subsection.
``(2) A person engages in a child pornography enterprise
for the purposes of this section if the person violates any
provision of chapter 110 or 117, or section 1201, 1466A, 1470,
or 1591, as a part of a series of felony violations
constituting 2 or more separate incidents and commits those
offenses in concert with 3 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 child under another
provision of this chapter or a provision of chapter 117, or under
section 1201, 1466A, 1470, or 1591, shall be fined under this title and
imprisoned 10 years 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. INCREASED PENALTIES FOR CHILD PORNOGRAPHY AND RELATED OFFENSES.
(a) Sexual Exploitation of Children.--Section 2251(e) of title 18,
United States Code, is amended--
(1) by inserting ``section 1591,'' before ``this chapter,''
the first place such term appears;
(2) by striking ``the sexual exploitation of children'' the
first place it appears and inserting ``aggravated sexual abuse,
sexual abuse, abusive sexual contact involving a minor or ward,
sex trafficking of children, or the production, possession,
receipt, mailing, sale, distribution, shipment, or
transportation of child pornography'';
(3) by striking ``15 years nor more than 30 years'' and
inserting ``20 years or for life'';
(4) by striking ``not less than 25 years nor more than 50
years,'' and all that follows through ``not less than 35 years
nor more than life.'' and inserting ``life.''; and
(5) by striking ``any term of years or for life'' and
inserting ``not less than 30 years or for life.''.
(b) Activities Relating to Material Involving the Sexual
Exploitation of Children.--Section 2252(b) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``paragraphs (1)'' and inserting
``paragraph (1)'';
(B) by inserting ``section 1591,'' before ``this
chapter,'';
(C) by inserting ``, or sex trafficking of
children'' after ``child pornography'';
(D) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(E) by striking ``not less than 15 years nor more
than 40 years.'' and inserting ``life.''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20
years.'' and inserting ``20 years or for life.''.
(c) Activities Relating to Material Constituting or Containing
Child Pornography.--Section 2252A(b) of title 18, United States Code,
is amended--
(1) in paragraph (1)--
(A) by inserting ``section 1591,'' before ``this
chapter,'';
(B) by inserting ``, or sex trafficking of
children'' after ``child pornography'';
(C) by striking ``5 years and not more than 20
years'' and inserting ``15 years or for life''; and
(D) by striking ``not less than 15 years nor more
than 40 years'' and inserting ``life''; and
(2) in paragraph (2)--
(A) by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned for not
less than 3 years nor more than 20 years''; and
(B) by striking ``10 years nor more than 20 years''
and inserting ``20 years or for life''.
(d) Using Misleading Domain Names To Direct Children to Harmful
Material on the Internet.--Section 2252B(b) of title 18, United States
Code, is amended by striking ``or imprisoned not more than 4 years, or
both'' and inserting ``and imprisoned for not less than 5 years nor
more than 20 years''.
(e) Extraterritorial Child Pornography Offenses.--Section 2260(c)
of title 18, United States Code, is amended to read as follows:
``(c) Penalties.--
``(1) Use of minor.--A person who violates subsection (a),
or attempts or conspires to do so, shall be subject to the
penalties provided in subsection (e) of section 2251 for a
violation of that section, including the penalties provided for
such a violation by a person with a prior conviction or
convictions, as described in that subsection.
``(2) Use of visual depiction.--A person who violates
subsection (b), or attempts or conspires to do so, shall be
subject to the penalties provided in subsection (b)(1) of
section 2252 for a violation of paragraph (1), (2), or (3) of
subsection (a) of that section, including the penalties
provided for such a violation by a person with a prior
conviction or convictions, as described in subsection (b)(1) of
section 2252.''.
SEC. 6. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND OBSCENITY.
(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 and willful failure.--A provider of
electronic communication services or remote computing
services described in paragraph (1) who knowingly and
willfully 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.''.
(b) Deception by Embedded Words or Images.--
(1) 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.--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.''.
(2) 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:
``Sec. 2252C. Misleading words or digital images on the Internet.''.
SEC. 7. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES
CONTAINING SEXUALLY EXPLICIT MATERIAL.
(a) Definitions.--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. 8. RICO PREDICATES.
Section 1961(1) of title 18, United States Code, 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 ``2252A (relating to child pornography),''
before ``sections 2312''; and
(3) by inserting ``1960A,'' before ``2251''.
SEC. 9. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``section 1037 (relating to fraud and related activity in
connection with electronic mail),'' before ``section 1111''.
SEC. 10. MASHA'S LAW.
Section 2255 of title 18, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Any person who is a victim of a violation of section 2241(c),
2242, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 may in a
civil action obtain appropriate relief, including damages of not less
than $250,000.''; and
(2) in subsection (b) by striking ``first''.
SEC. 11. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND SEXUAL
ABUSE.
(a) Child Prostitution and Sex Trafficking Offenses.--
(1) In general.--Section 2423 of title 18, United States
Code, is amended--
(A) in subsection (a), by striking ``5 years and
not more than 30 years'' and inserting ``15 years or
for life'';
(B) in subsections (b) and (c), by striking ``or
imprisoned not more than 30 years, or both.'' and
inserting ``and imprisoned for not less than 10 years
(unless the offense is based only on conduct that would
be in violation of sections 2243(a) or 2244) nor more
than 30 years.''; and
(C) in subsection (d), by striking ``, imprisoned
not more than 30 years, or both'' and inserting ``and
imprisoned for not less than 10 years nor more than 30
years''.
(2) Penalties for coercion and enticement by sex
offenders.--Section 2422 of title 18, United States Code, is
amended--
(A) in subsection (a), by striking ``or imprisoned
not more than 20 years, or both'' and inserting ``and
imprisoned not less than 10 years nor more than 30
years''; and
(B) in subsection (b), by striking ``5 years and
not more than 30 years'' and inserting ``15 years or
for life''.
(3) Mandatory penalties for sex-trafficking of children.--
Section 1591(b) of title 18, United States Code, is amended--
(A) in paragraph (1) by striking ``or imprisonment
for any term of years or for life, or both'' and
inserting ``and imprisonment for any term of years not
less than 25 or for life''; and
(B) in paragraph (2)--
(i) by striking ``or imprisonment for not''
and inserting ``and imprisonment for not less
than 15 years nor''; and
(ii) by striking ``, or both''.
(b) Sexual Abuse of Children.--
(1) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended--
(A) by inserting ``, chapter 110, chapter 117, or
section 1591'' after ``this chapter'';
(B) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(C) by adding at the end the following:
``(b) Offenses Involving Children.--A person who, in the course of
an offense under this chapter, chapter 110, chapter 117, or section
1591 engages in conduct that results in the death of a person who has
not attained the age of 18 years, shall be punished by death or
imprisoned for not less than 30 years or for life.''.
(2) Mandatory life imprisonment for certain repeated sex
offenses against children.--Section 3559(e)(2)(A) of title 18,
United States Code, is amended--
(A) by striking ``or 2423(a)'' and inserting
``2423(a)''; and
(B) by inserting ``, 2423(b) (relating to travel
with intent to engage in illicit sexual conduct),
2423(c) (relating to illicit sexual conduct in foreign
places), or 2425 (relating to use of interstate
facilities to transmit information about a minor)''
after ``minors)''.
(3) Child abuse reporting.--Section 2258 of title 18,
United States Code, is amended by striking ``Class B
misdemeanor'' and inserting ``Class A misdemeanor''.
(c) Increased Penalties for Sexual Abuse.--
(1) Aggravated sexual abuse.--Section 2241 of title 18,
United States Code, is amended--
(A) in subsection (a), by striking ``, imprisoned
for any term of years or life, or both'' and inserting
``and imprisoned for any term of years not less than 15
or for life'';
(B) in subsection (b), by striking ``, imprisoned
for any term of years or life, or both'' and inserting
``and imprisoned for any term of years not less than 10
or for life''; and
(C) in subsection (c), in the first sentence, by
striking ``, imprisoned for any term of years or life,
or both.'' and inserting ``and imprisoned for not less
than 20 years or for life.''.
(2) Sexual abuse.--Section 2242 of title 18, United States
Code, is amended by striking ``, imprisoned not more than 20
years, or both'' and inserting ``and imprisoned not less than
10 years nor more than 30 years''.
(3) Abusive sexual contact.--Section 2244 of title 18,
United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``,
imprisoned not more than ten years, or both''
and inserting ``and imprisoned for not less
than 3 years nor more than 15 years'';
(ii) in paragraph (2), by striking ``,
imprisoned for not more than three years, or
both'' and inserting ``and imprisoned for not
less than 2 years nor more than 10 years'';
(iii) in paragraph (3), by striking ``two
years'' and inserting ``10 years''; and
(iv) in paragraph (4), by striking ``two
years'' and inserting ``10 years''; and
(B) in subsection (c) by striking ``maximum''.
(4) Sexual abuse of wards.--Chapter 109A of title 18,
United States Code, is amended--
(A) in section 2243(b), by striking ``, imprisoned
not more than five years, or both'' and inserting ``and
imprisoned for not less than 5 years nor more than 15
years''; and
(B) by inserting a comma after ``Attorney General''
each place such term appears.
(5) No limitation for prosecution of felony sex offenses.--
(A) In general.--Chapter 213 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 3299. Child abduction and sex offenses
``Notwithstanding any other provision of law, an indictment may be
found or an information instituted at any time without limitation for
any offense under section 1201 involving a minor victim, and for any
felony under chapter 109A, 110, or 117, or section 1591.''.
(B) Table of sections.--The table of sections for
chapter 213 of title 18, United States Code, is amended
by adding after the item relating to section 3298 the
following:
``3299. Child abduction and sex offenses.''.
SEC. 12. 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 (in this section
referred to as the ``Office'').
(b) Director.--
(1) In general.--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.
(2) Limits on other activities.--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 sex offender registration and
notification program under Federal law;
(2) administer grant programs authorized by this Act;
(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. 13. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL
EXPLOITATION OF CHILDREN.
(a) Definition.--In this section, the term ``offenses relating to
the sexual exploitation of children'' shall include any offense
committed in violation of--
(1) chapter 71 of title 18, United States Code, involving
an obscene visual depiction of a minor, or transfer of obscene
materials to a minor;
(2) chapter 109A of title 18, United States Code, involving
a sexual act or sexual contact with a minor, or sexual abuse of
a minor;
(3) chapter 110 of title 18, United States Code;
(4) chapter 117 of title 18, United States Code; and
(5) section 1591 of title 18, United States Code.
(b) 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
United States Attorneys' Offices. The additional attorneys shall be
assigned to prosecute offenses relating to the sexual exploitation of
children.
(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. 14. 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. 15. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION PROGRAMS.
(a) Definition of State.--In 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.
(b) Grants.--The Attorney General shall, subject 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.
(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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5786-5789)
Read twice and referred to the Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR S8025-8026)
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