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H.R. 4120 (110th): Effective Child Pornography Prosecution Act of 2007

The text of the bill below is as of Nov 8, 2007 (Introduced).


I

110th CONGRESS

1st Session

H. R. 4120

IN THE HOUSE OF REPRESENTATIVES

November 8, 2007

(for herself and Mrs. Biggert) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to provide for more effective prosecution of cases involving child pornography, and for other purposes.

1.

Short title

This Act may be cited as the Effective Child Pornography Prosecution Act of 2007.

2.

Findings

Congress makes the following findings:

(1)

Child pornography is estimated to be a multibillion dollar industry of global proportions, facilitated by the growth of the Internet.

(2)

Recent data has shown that 83 percent of child pornography possessors had images of children younger than 12 years old, 39 percent had images of children younger than 6 years old, and 19 percent had images of children younger than 3 years old.

(3)

Child pornography is a permanent record of a child’s abuse and the distribution of child pornography images revictimizes the child each time the image is viewed.

(4)

Child pornography is readily available through virtually every Internet technology, including Web sites, email, instant messaging, Internet Relay Chat, newsgroups, bulletin boards, and peer-to-peer.

(5)

The technological ease, lack of expense, and anonymity in obtaining and distributing child pornography over the Internet has resulted in an explosion in the multijurisdictional distribution of child pornography.

(6)

The Internet is well recognized as a method of distributing goods and services across State lines.

(7)

The transmission of child pornography using the Internet constitutes transportation in interstate commerce.

3.

Effective child pornography prosecution

(a)

Section 2252

Section 2252 of title 18, United States Code, is amended—

(1)

in subsection (a)(1), by inserting or affecting after ships in;

(2)

in subsection (a)(2), by striking knowingly and all that follows through mails and inserting knowingly receives, distributes, or reproduces for distribution, in or affecting interstate or foreign commerce, any visual depiction;

(3)

in subsection (a)(3)(B), by inserting or affecting before interstate; and

(4)

in subsection (a)(4)(B)—

(A)

by inserting in or affecting interstate or foreign commerce after possesses; and

(B)

by striking that has been and all that follows through by computer.

(b)

Section 2252A

Section 2252A of title 18, United States Code, is amended—

(1)

in paragraphs (1) through (4) and (6) of subsection (a), by inserting or affecting before interstate or foreign commerce each place it appears; and

(2)

in subsection (a)(5)(b)—

(A)

by inserting in or affecting interstate or foreign commerce after possesses; and

(B)

by striking that has been and all that follows through by computer the second place it appears.