H.R. 4623 (107th): Child Obscenity and Pornography Prevention Act of 2002

Introduced:
Apr 30, 2002 (107th Congress, 2001–2002)
Sponsor:
Rep. Lamar Smith [R-TX21]
Status:
Died (Passed House)
See Instead:
This bill was re-introduced as H.R. 1161 (108th) on Mar 06, 2003.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on June 25, 2002 but was never passed by the Senate.

Progress
Introduced Apr 30, 2002
Referred to Committee Apr 30, 2002
Reported by Committee Jun 19, 2002
Passed House Jun 25, 2002
Votes

House Vote on Passage
Jun 25, 2002 5:25 p.m.
Passed 413/8

Cosponsors
69 cosponsors (52R, 17D) (show)
Committees

House Judiciary

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

Full Title

To prevent trafficking in child pornography and obscenity, to proscribe pandering and solicitation relating to visual depictions of minors engaging in sexually explicit conduct, to prevent the use of child pornography and obscenity to facilitate crimes against children, and for other purposes.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jun 26, 2002.
26 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

6/25/2002--Passed House amended.
Child Obscenity and Pornography Prevention Act of 2002 - Amends the Federal criminal code to prohibit:
(1) making a visual depiction that is a computer image or computer-generated image of, or that is indistinguishable from an image of, a minor engaging in specified sexually explicit conduct;
(2) offering, agreeing, attempting, or conspiring to provide, sell, receive, or purchase a visual depiction of a minor engaging in such conduct;
(3) producing, distributing, receiving, or possessing with intent to distribute, or possessing a visual depiction that is, or is virtually indistinguishable from, that of a pre-pubescent child engaging in such conduct;
(4) producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that, under specified circumstances, depicts a pre-pubescent child engaging in sexually explicit conduct and that is obscene;
(5) showing a minor obscene material or child pornography;
(6) providing obscene material, child pornography, or other material assistance to facilitate offenses against minors; or
(7) employing or coercing a minor to engage in sexually explicit conduct outside of the United States for the purpose of producing a visual depiction of such conduct.
Section 8 -
Provides enhanced penalties for recidivists with respect to child pornography, sexual abuse, and transportation for illegal sexual activity and related crimes.
Section 9 -
Amends the Victims of Child Abuse Act of 1990 to authorize a provider of electronic communication or remote computing services that reasonably believes it has obtained knowledge of facts and circumstances indicating a violation of State criminal law regarding child pornography to disclose such information to an appropriate State or local law enforcement official.
Authorizes the National Center for Missing and Exploited Children to forward to such an official any report of facts or circumstances indicating a violation of child pornography prohibitions by a provider of electronic communication service or remote computing services.
Section 11 -
Amends code provisions regarding transactional information that may be obtained through an administrative subpoena issued with respect to the sexual exploitation or abuse of children, in order to be consistent with code provisions regarding required disclosure of customer communications or records.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 18 U.S.C. Chapter 110
  • 18 U.S.C. Chapter 71