Preventing Child Exploitation Act of 2018

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6847 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6847

To amend title 18, United States Code, to expand and strengthen Federal 
 sex offenses, to reauthorize certain programs established by the Adam 
 Walsh Child Protection and Safety Act of 2006, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2018

  Mrs. Roby introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to expand and strengthen Federal 
 sex offenses, to reauthorize certain programs established by the Adam 
 Walsh Child Protection and Safety Act of 2006, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Preventing Child 
Exploitation Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--STRENGTHENING FEDERAL SEX OFFENSE LAWS

Sec. 101. Expanding the definition of illicit sexual conduct.
Sec. 102. Expanding the definition of Federal sex offense.
Sec. 103. Failure of sex offenders to register.
Sec. 104. Prior military offenses included for purposes of recidivist 
                            sentencing provisions.
Sec. 105. Sexual exploitation of children.
Sec. 106. Limited liability for certain persons when responding to 
                            search warrants or other legal process.
                TITLE II--ADAM WALSH REAUTHORIZATION ACT

Sec. 201. Short title.
Sec. 202. Sex offender management assistance (SOMA) program 
                            reauthorization.
Sec. 203. Reauthorization of Federal assistance with respect to 
                            violations of registration requirements.
Sec. 204. Duration of sex offender registration requirements for 
                            certain juveniles.
Sec. 205. Public access to juvenile sex offender information.
Sec. 206. Protection of local governments from State noncompliance 
                            penalty under Sex Offender Registration and 
                            Notification Act.
Sec. 207. Additional information to be included in annual report on 
                            enforcement of registration requirements.
Sec. 208. Ensuring supervision of released sexually dangerous persons.
Sec. 209. Civil remedy for survivors of child sexual exploitation and 
                            human trafficking.
Sec. 210. Tribal Access Program.
Sec. 211. Alternative mechanisms for in-person verification.
Sec. 212. Clarification of aggravated sexual abuse.
Sec. 213. Comprehensive examination of sex offender issues.
Sec. 214. Assisting States with juvenile registration.

            TITLE I--STRENGTHENING FEDERAL SEX OFFENSE LAWS

SEC. 101. EXPANDING THE DEFINITION OF ILLICIT SEXUAL CONDUCT.

    Section 2423(f)(1) of title 18, United States Code, is amended--
            (1) by striking ``a sexual act (as defined in section 2246) 
        with'' and inserting ``any conduct involving''; and
            (2) by striking ``if the sexual act'' and inserting ``if 
        the conduct''.

SEC. 102. EXPANDING THE DEFINITION OF FEDERAL SEX OFFENSE.

    Section 3559 of title 18, United States Code, is amended--
            (1) in subsection (e)(2)(A)--
                    (A) by inserting after ``2244(a)(1)'' the following 
                ``or 2244(a)(5)'';
                    (B) by striking the ``or'' before ``2423(a)'';
                    (C) by striking ``into prostitution''; and
                    (D) by inserting ``or 2423(c) (relating to illicit 
                sexual conduct)'' before the semicolon at the end; and
            (2) in subsection (e)(3), by striking ``or 2423(a)'' and 
        inserting ``, 2423(a), or 2423(c)''.

SEC. 103. FAILURE OF SEX OFFENDERS TO REGISTER.

    Section 2250(d) of title 18, United State Code, is amended--
            (1) by inserting after ``Federal law (including the Uniform 
        Code of Military Justice),'' the following: ``State law,''; and
            (2) by adding at the end the following:
            ``(3) Definition.--In this section, the term `crime of 
        violence' has the meaning given such term in section 16.''.

SEC. 104. PRIOR MILITARY OFFENSES INCLUDED FOR PURPOSES OF RECIDIVIST 
              SENTENCING PROVISIONS.

    (a) Aggravated Sexual Abuse.--Section 2241(c) of title 18, United 
States Code, is amended by inserting after ``State offense'' the 
following: ``or an offense under the Uniform Code of Military 
Justice''.
    (b) Sexual Exploitation of Children.--Section 2251(e) of title 18, 
United States Code, is amended by striking ``section 920 of title 10 
(article 120 of the Uniform Code of Military Justice), or under'' each 
place it appears and inserting ``the Uniform Code of Military Justice 
or''.
    (c) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252 of title 18, United States Code, 
is amended--
            (1) in subsection (b)(1), by striking ``section 920 of 
        title 10 (article 120 of the Uniform Code of Military Justice), 
        or under'' and inserting ``the Uniform Code of Military Justice 
        or''; and
            (2) in subsection (b)(2), by striking ``section 920 of 
        title 10 (article 120 of the Uniform Code of Military Justice), 
        or under'' and inserting ``the Uniform Code of Military Justice 
        or''.
    (d) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A of title 18, United States 
Code, is amended--
            (1) in subsection (b)(1), by striking ``section 920 of 
        title 10 (article 120 of the Uniform Code of Military Justice), 
        or under'' and inserting ``the Uniform Code of Military Justice 
        or''; and
            (2) in subsection (b)(2), by striking ``section 920 of 
        title 10 (article 120 of the Uniform Code of Military Justice), 
        or under'' and inserting ``the Uniform Code of Military Justice 
        or''.
    (e) Repeat Offenders.--Section 2426(b)(1)(B) of title 18, United 
States Code, is amended by inserting after ``State law'' the following: 
``or the Uniform Code of Military Justice''.
    (f) Sentencing Classification.--Section 3559 of title 18, United 
States Code, is amended--
            (1) in subsection (e)(2)(B)--
                    (A) by striking ``State sex offense'' and inserting 
                ``State or Military sex offense''; and
                    (B) by inserting after ``under State law'' the 
                following: ``or the Uniform Code of Military Justice''; 
                and
            (2) in subsection (e)(2)(C), by inserting after ``State'' 
        the following: ``or Military''.

SEC. 105. SEXUAL EXPLOITATION OF CHILDREN.

    Section 2251 of title 18, United States Code, is amended--
            (1) by amending subsections (a) and (b) to read as follows:
    ``(a) Any person who, in a circumstance described in subsection 
(f), knowingly--
            ``(1) employs, uses, persuades, induces, entices, or 
        coerces a minor to engage in any sexually explicit conduct for 
        the purpose of producing any visual depiction of such conduct, 
        or transmitting a live visual depiction of such conduct;
            ``(2) produces or causes to be produced a visual depiction 
        of a minor engaged in any sexually explicit conduct where the 
        production of such visual depiction involves the use of a minor 
        engaging in sexually explicit conduct and such visual depiction 
        is of such conduct;
            ``(3) transmits or causes to be transmitted a live visual 
        depiction of a minor engaged in any sexually explicit conduct;
            ``(4) has a minor assist any other person to engage in any 
        sexually explicit conduct during the commission of an offense 
        set forth in paragraphs (1) through (3) of this subsection; or
            ``(5) transports any minor in or affecting interstate or 
        foreign commerce with the intent that such minor be used in the 
        production or live transmission of a visual depiction of a 
        minor engaged in any sexually explicit conduct,
shall be punished as provided under subsection (e).
    ``(b) Any parent, legal guardian, or person having custody or 
control of a minor who, in a circumstance described in subsection (f), 
knowingly permits such minor to engage in, or to assist any other 
person to engage in, sexually explicit conduct knowing that a visual 
depiction of such conduct will be produced or transmitted shall be 
punished as provided under subsection (e).'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``employs, uses, persuades, 
                        induces, entices, or coerces any minor to 
                        engage in, or who has a minor assist any other 
                        person to engage in, any sexually explicit 
                        conduct'' and inserting ``engages in any 
                        conduct described in paragraphs (1) through (5) 
                        of subsection (a)''; and
                            (ii) by striking ``, for the purpose of 
                        producing any visual depiction of such 
                        conduct,'';
                    (B) in paragraph (2)(A), by inserting after 
                ``transported'' the following: ``or transmitted''; and
                    (C) in paragraph (2)(B), by inserting after 
                ``transports'' the following; ``or transmits''; and
            (3) by adding at the end the following:
    ``(f) The circumstances referred to in subsections (a) and (b) 
are--
            ``(1) that the person knows or has reason to know that such 
        visual depiction will be--
                    ``(A) transported or transmitted using any means or 
                facility of interstate or foreign commerce;
                    ``(B) transported or transmitted in or affecting 
                interstate or foreign commerce; or
                    ``(C) mailed;
            ``(2) the visual depiction was produced or transmitted 
        using materials that have been mailed, or shipped or 
        transported in or affecting interstate or foreign commerce by 
        any means, including by computer;
            ``(3) such visual depiction has actually been--
                    ``(A) transported or transmitted using any means or 
                facility of interstate or foreign commerce;
                    ``(B) transported or transmitted in or affecting 
                interstate or foreign commerce; or
                    ``(C) mailed; or
            ``(4) any part of the offense occurred in a territory or 
        possession of the United States or within the special maritime 
        and territorial jurisdiction of the United States.
    ``(g) Notwithstanding any other provision of this section, no 
criminal charge under subsection (a)(3) may be brought against an 
electronic communication service provider or remote computing service 
provider unless such provider has intentionally transmitted or caused 
to be transmitted a visual depiction with actual knowledge that such 
depiction is of a minor engaged in sexually explicit conduct, nor may 
any such criminal charge be brought if barred by the provisions of 
section 2258B.''.

SEC. 106. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN RESPONDING TO 
              SEARCH WARRANTS OR OTHER LEGAL PROCESS.

    Section 2258B of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``from the response to 
        a search warrant or other legal process or'' before ``from the 
        performance''; and
            (2) in subsection (b)(2)(C), by inserting ``the response to 
        a search warrant or other legal process or to'' before ``the 
        performance of any responsibility''.

                TITLE II--ADAM WALSH REAUTHORIZATION ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Adam Walsh Reauthorization Act of 
2018''.

SEC. 202. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM 
              REAUTHORIZATION.

    Section 126(d) of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20928(d)) is amended to read as follows:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $20,000,000 for each of the fiscal 
years 2018 through 2022, to be available only for the SOMA program.''.

SEC. 203. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO 
              VIOLATIONS OF REGISTRATION REQUIREMENTS.

    Section 142(b) of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20941(b)) is amended to read as follows:
    ``(b) For each of fiscal years 2018 through 2022, of amounts made 
available to the United States Marshals Service, not less than 
$60,000,000 shall be available to carry out this section.''.

SEC. 204. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR 
              CERTAIN JUVENILES.

    Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child 
Protection and Safety Act of 2006 (34 U.S.C. 20915(b)(2)) is amended by 
striking ``25 years'' and inserting ``15 years''.

SEC. 205. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.

    Section 118(c) of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20920(c)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (3);
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) any information about a sex offender for whom the 
        offense giving rise to the duty to register was an offense for 
        which the offender was adjudicated delinquent; and''.

SEC. 206. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE 
              PENALTY UNDER SEX OFFENDER REGISTRATION AND NOTIFICATION 
              ACT.

    Section 125 of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20927(a)) is amended--
            (1) by striking ``jurisdiction'' each place it appears and 
        inserting ``State'';
            (2) in subsection (a)--
                    (A) by striking ``subpart 1 of part E'' and 
                inserting ``section 505(c)''; and
                    (B) by striking ``(42 U.S.C. 3750 et seq.)'' and 
                inserting ``(34 U.S.C. 10156(c))''; and
            (3) by adding at the end the following:
    ``(e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus Crime 
Control and Safe Streets Act 1968 (34 U.S.C. 10156(c)), a State which 
is subject to a reduction in funding under subsection (a) shall--
            ``(1) calculate the amount to be made available to units of 
        local government by the State pursuant to the formula under 
        section 505(c) using the amount that would otherwise be 
        allocated to that State for that fiscal year under section 
        505(c) of that Act, and make such amount available to such 
        units of local government; and
            ``(2) retain for the purposes described in section 501 any 
        amount remaining after the allocation required by paragraph 
        (1).''.

SEC. 207. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON 
              ENFORCEMENT OF REGISTRATION REQUIREMENTS.

    Section 635 of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20991) is amended--
            (1) by striking ``Not later than July 1 of each year'' and 
        inserting ``On January 1 of each year,'';
            (2) in paragraph (3), by inserting before the semicolon at 
        the end the following: ``, and an analysis of any common 
        reasons for noncompliance with such Act'';
            (3) in paragraph (4), by striking ``and'' at the end;
            (4) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding after paragraph (5) the following:
            ``(6) the number of sex offenders registered in the 
        National Sex Offender Registry;
            ``(7) the number of sex offenders registered in the 
        National Sex Offender Registry who--
                    ``(A) are adults;
                    ``(B) are juveniles; and
                    ``(C) are adults, but who are required to register 
                as a result of conduct committed as a juvenile; and
            ``(8) to the extent such information is obtainable, of the 
        number of sex offenders registered in the National Sex Offender 
        Registry who are juveniles--
                    ``(A) the percentage of such offenders who were 
                adjudicated delinquent; and
                    ``(B) the percentage of such offenders who were 
                prosecuted as adults.''.

SEC. 208. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

    (a) Probation Officers.--Section 3603 of title 18, United States 
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and 
inserting ``, 4246, or 4248''.
    (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended in paragraph (12)(A) by striking ``or 4246'' 
and inserting ``, 4246, or 4248''.

SEC. 209. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND 
              HUMAN TRAFFICKING.

    Section 2255(b) of title 18, United States Code, is amended--
            (1) by striking ``three years'' and inserting ``10 years''; 
        and
            (2) by inserting ``ends'' before the period at the end.

SEC. 210. TRIBAL ACCESS PROGRAM.

    The Attorney General is authorized to provide technical assistance, 
including equipment, to tribal governments for the purpose of enabling 
such governments to access, enter information into, and obtain 
information from, Federal criminal information databases, as authorized 
under section 534(d) of title 28, United States Code. The Department of 
Justice Working Capital Fund (established under section 527 of title 
28, United States Code) may be reimbursed by federally recognized 
tribes for technical assistance provided pursuant to this section.

SEC. 211. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION.

    Section 116 of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20918) is amended--
            (1) by striking ``A sex offender shall'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), a sex 
offender shall''; and
            (2) by adding at the end the following:
    ``(b) Alternative Verification Method.--A jurisdiction may allow a 
sex offender to comply with the requirements under subsection (a) by an 
alternative verification method approved by the Attorney General, 
except that each offender shall appear in person not less than one time 
per year. The Attorney General shall approve an alternative 
verification method described in this subsection prior to its 
implementation by a jurisdiction in order to ensure that such method 
provides for verification that is sufficient to ensure the public 
safety.''.

SEC. 212. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE.

    Section 111(8) of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20911(8)) is amended by inserting ``subsection (a) or 
(b) of'' before ``section 2241 of title 18, United States Code''.

SEC. 213. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

    Section 634(c) of the Adam Walsh Child Protection and Safety Act of 
2006 is amended by adding at the end the following:
            ``(3) Additional report.--Not later than 1 year after the 
        date of enactment of the Adam Walsh Reauthorization Act of 
        2018, the National Institute of Justice shall submit to 
        Congress a report on the public safety impact, recidivism, and 
        collateral consequences of long-term registration of juvenile 
        sex offenders, based on the information collected for the study 
        under subsection (a) and any other information the National 
        Institute of Justice determines necessary for such report.''.

SEC. 214. ASSISTING STATES WITH JUVENILE REGISTRATION.

    Section 125 of the Adam Walsh Child Protection and Safety Act of 
2006 (34 U.S.C. 20927) is amended by adding at the end the following:
    ``(e) Substantial Implementation for Juvenile Registration 
Requirements.--
            ``(1) In general.--In the case of a jurisdiction that uses 
        a discretionary process for determining whether registration 
        under this Act is required for juveniles 14 years of age or 
        older who are adjudicated delinquent for sex offenses described 
        in section 111(8), the Attorney General, in assessing whether 
        the jurisdiction has substantially implemented this title with 
        respect to the registration of such juveniles, may examine the 
        policies and practices that the jurisdiction has in place--
                    ``(A) related to the prosecution as adults, of 
                juveniles who commit sex offenses described in section 
                111(8);
                    ``(B) related to the registration under this Act of 
                juveniles adjudicated delinquent for such an offense; 
                and
                    ``(C) related to the identification, tracking, 
                monitoring, or managing of juveniles adjudicated 
                delinquent for such offenses who reside in the 
                jurisdiction, including policies and practices to 
                ensure that the records of their identities and sex 
                offenses are available as needed for public safety 
                purposes.
            ``(2) Submission by jurisdiction.--A jurisdiction described 
        in paragraph (1) shall submit to the Attorney General an 
        explanation for how the discretionary process used by the 
        jurisdiction with respect to the registration of juveniles 
        under this Act should be considered substantial implementation 
        of this title.
            ``(3) Determination.--The Attorney General may determine 
        that a jurisdiction has substantially implemented this title if 
        the Attorney General determines that the policies and practices 
        described in paragraph (1) have resulted or will result in the 
        registration, identification, tracking, monitoring, or 
        management of juveniles who commit sex offenses described in 
        section 111(8), and in the availability of the identities and 
        sex offenses of such juveniles as needed for public safety 
        purposes, in a manner that does not substantially disserve the 
        purposes of this title.''.
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