Protecting Children From Internet Pornographers Act of 2011 - (Sec. 2) Amends the federal criminal code to prohibit knowingly conducting in interstate or foreign commerce a financial transaction that will facilitate access to, or the possession of, child pornography. Makes this prohibition inapplicable to a financial transaction conducted in cooperation with, or with the consent of, any federal, state, or local law enforcement agency.
(Sec. 3) Adds as predicate offenses to the money laundering statute provisions regarding: (1) such financial facilitation of access to child pornography, and (2) obscene visual representation of the abuse of children.
(Sec. 4) Requires a commercial provider of an electronic communication service to retain for at least one year a log of the temporarily assigned network addresses assigned to subscribers or customers that enables the identification of corresponding customer or subscriber information. Prohibits access to such records from being compelled by any person or nongovernmental entity. Directs the Attorney General to study and report within two years on the provider compliance costs. Encourages providers to: (1) give prompt notice to customers of a breach of such records, and (2) store such records securely to protect customer privacy and prevent breaches.
Directs the Attorney General, within two years, to complete a study of providers affected by this section, including: (1) the privacy standards and considerations implemented, and (2) the frequency of any reported breaches.
(Sec. 5) Bars any cause of action against a provider for retaining such records as required.
(Sec. 6) Makes a good faith reliance on the record retention requirement a complete defense to a civil action.
(Sec. 7) Allows the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service.
(Sec. 8) Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Authorizes the court to: (1) issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present, in which case the court shall hold a hearing not later than 14 days after the date such order was applied for or issued; and (2) order that such a protective order expires on the later of three years after the date of issuance or the date of the minor victim's or witness's 18th birthday. Provides for up to five years' imprisonment, a fine, or both for violating or attempting to violate such a protective order.
Directs the courts to presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that person, is for news reporting purposes, is designed to locate that person (who has been reported to law enforcement as a missing person), or is part of a government authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.
(Sec. 9) Directs the United States Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for obstruction of justice associated with sex trafficking of children and other child abuse crimes.
(Sec. 10) Imposes a fine and/or prison term of up to 20 years for a child pornography offense involving a prepubescent minor or a child under the age of 12.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1981 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1981
To amend title 18, United States Code, with respect to child
pornography and child exploitation offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2011
Mr. Smith of Texas (for himself and Ms. Wasserman Schultz) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, with respect to child
pornography and child exploitation offenses.
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 Internet
Pornographers Act of 2011''.
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. 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) by inserting ``1960A (relating to financial
facilitation of access to child pornography),'' before
``section 2113''; and
(3) by inserting ``2260A (relating to increased penalties
for registered sex offenders),'' before ``section 2280''.
SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.
(a) In General.--Section 2703 of title 18, United States Code, is
amended by adding at the end the following:
``(h) Retention of Certain Records.--A provider of an electronic
communication service or remote computing service shall retain for a
period of at least 18 months the temporarily assigned network addresses
the service assigns to each account, unless that address is transmitted
by radio communication (as defined in section 3 of the Communications
Act of 1934).''.
(b) Sense of Congress.--It is the sense of Congress that records
retained pursuant to section 2703(h) of title 18, United States Code,
should be stored securely to protect customer privacy and prevent
against breaches of the records.
SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION
UNDER THIS CHAPTER.
Section 2703(e) of title 18, United States Code, is amended by
inserting ``retaining records or'' after ``other specified persons
for''.
SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT.
Section 2707(e)(1) of title 18, United States Code, is amended by
inserting ``, or the requirement to retain records under section
2703(h),'' after ``section 2703(f)''.
SEC. 7. SUBPOENA AUTHORITY.
Section 566(e)(1) of title 28, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
SEC. 8. PROTECTION OF CHILD WITNESSES.
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,''
after ``attorney for the Government,''; and
(ii) by inserting ``or investigation''
after ``Federal criminal case'' each place it
appears;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court shall
issue a protective order prohibiting harassment or intimidation of the
minor victim or witness if the court finds evidence that the conduct at
issue is reasonably likely to adversely affect the willingness of the
minor witness or victim to testify or otherwise participate in the
Federal criminal case or investigation. Any hearing regarding a
protective order under this paragraph shall be conducted in accordance
with paragraphs (1) and (3), except that the court may issue an ex
parte emergency protective order in advance of a hearing if exigent
circumstances are present. If such an ex parte order is applied for or
issued, the court shall hold a hearing not later than 14 days after the
date such order was applied for or is issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose;
``(B) the term `harassment' means a serious act or course
of conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning give that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
SEC. 9. SENTENCING GUIDELINES.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend the Federal sentencing
guidelines and policy statements to ensure--
(1) that the guidelines provide an additional penalty
increase of up to 8 offense levels, if appropriate, above the
sentence otherwise applicable in Part J of the Guidelines
Manual if the defendant was convicted of a violation of section
1591 of title 18, United States Code, or chapters 109A, 109B,
110 or 117 of title 18, United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase of up to 12 levels,
if appropriate, above the sentence otherwise applicable in Part
J of the Guidelines Manual.
SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for more
than 20 years, or if''.
SEC. 11. ADMINISTRATIVE SUBPOENAS.
(a) In General.--Section 3486(a)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``or'' at the end;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(2) in subparagraph (D)--
(A) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(b) Technical and Conforming Amendments.--Section 3486(a) of title
18, United States Code, is amended--
(1) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';
(2) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(3) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 10.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-281, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 112-281, Part I.
Referred sequentially to the House Committee on Energy and Commerce for a period ending not later than Dec. 9, 2011.
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Dec. 16, 2011.
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Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Placed on the Union Calendar, Calendar No. 224.