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SPECIAL CAUSE
INTRODUCTION
UNITED STATES CODE
PERTAINING TO CHILD PORNOGRAPHY
UNDER TITLE XVI


SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY. (a) Import Related Offense .-Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section:

2258. Production of sexually explicit depictions of a minor for importation into the United States

(a) Use of Minor .-A person who, outside the United States, employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor with the intent that the minor engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that the visual depiction will be imported into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c).

(b) Use of Visual Depiction .-A person who, outside the United States, knowingly receives, transports, ships, distributes, sells, or possesses with intent to transport, ship, sell, or distribute any visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction will be imported into the United States or into waters within a distance of 12 miles of the coast of the United States, shall be punished as provided in subsection (c).

(c) Penalties .-A person who violates subsection (a) or (b), or conspires or attempts to do so-

(1) shall be fined under this title, imprisoned not more than 10 years, or both; and

(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title, imprisoned not more than 20 years, or both.".

(b) Technical Amendment .-

(1) Chapter analysis .-The chapter analysis for chapter 110 of title 18, United States Code, is amended by adding at the end the following new item:

2258. Production of sexually explicit depictions of a minor for importation into the United States.".

(2) Fine provisions .-Section 2251(d) of title 18, United States Code, is amended-

(A) by striking "not more than $ 100,000, or" and inserting "under this title,";

(B) by striking "not more than $ 200,000, or" and inserting "under this title,"; and

(C) by striking "not more than $ 250,000'' and inserting "under this title".

(c) Section 2251 Penalty Enhancement .-Section 2251(d) of title 18, United States Code, is amended by striking "this section" the second place it appears and inserting "this chapter or chapter 109A".

(d) Section 2252 Penalty Enhancement .-Section 2252(b)(1) of title 18, United States Code, is amended by striking "this section" and inserting "this chapter or chapter 109A".

(e) Conspiracy and Attempt .-Sections 2251(d) and 2252(b) of title 18, United States Code, are each amended by inserting ", or attempts or conspires to violate," after "violates" each place it appears.

(f) RICO Amendment .-Section 1961(l) of title 18, United States Code, is amended by striking "2251- 2252" and inserting "2251, 225, 2252, and 2258".

(g) Transportation of Minors .-Section 2423 of title 18, United States Code, is amended-

(1) by striking "(a) Whoever" and inserting "(a) Transportation With Intent To Engage in Criminal Sexual Activity .-A person who"; and

(2) by adding at the end the following new subsection:

(b) Travel With Intent To Engage in Sexual Act With a Juvenile .-A person who travels in interstate commerce, or conspires to do so, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, or conspires to do so, for the purpose of engaging in any sexual act (as defined in section 2245) with a person under 18 years of age that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States shall be fined under this title, imprisoned not more than 10 years, or both.

SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD PORNOGRAPHY.

It is the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under 18 years of age engaging in sexually explicit conduct (as defined in section 2256 of title 18, United States Code) and providing for a maximum imprisonment of at least 1 year and for the forfeiture of assets used in the commission or support of, or gained from, such offenses.

SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES CODE.

(a) Declaration .-The Congress declares that in enacting sections 2252 and 2256 of title 18, United States Code, it was and is the intent of Congress that-

(1) the scope of "exhibition of the genitals or pubic area" in section 2256(2)(E), in the definition of "sexually explicit conduct", is not limited to nude exhibitions or exhibitions in which the outlines of those areas were discernible through clothing; and

(2) the requirements in section 2252(a) (1)(A), (2)(A), (3)(B)(i), and (4)(B)(i) that the production [*H8838] of a visual depiction involve the use of a minor engaging in "sexually explicit conduct" of the kind described in section 2256(2)(E) are satisfied if a person photographs a minor in such a way as to exhibit the child in a lascivious manner.

(b) Sense of the Congress .-It is the sense of the Congress that in filing its brief in United States v. Knox, No. 92-1183, and thereby depriving the United States Supreme Court of the adverseness necessary for full and fair presentation of the issues arising in the case, the Department of Justice did not accurately reflect the intent of Congress in arguing that "the videotapes in (the Knox case) constitute 'lascivious exhibition(s) of the genitals or pubic area' only if those body parts are visible in the tapes and the minors posed or acted lasciviously.".




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