II
111th CONGRESS
1st Session
S. 436
IN THE SENATE OF THE UNITED STATES
February 13, 2009
Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.
Short title
This Act may be cited as the
Internet Stopping Adults Facilitating
the Exploitation of Today’s Youth Act of 2009
or the
SAFETY Act
.
Financial facilitation of access to child pornography
Offense
Chapter 95 of title 18, United States Code, is amended by adding at the end the following:
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.
.
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.
.
Internet facilitation of child pornography and exploitation of children
Offense
Chapter 95 of title 18, United States Code, is amended by adding at the end the following:
Internet facilitation of child pornography and exploitation of children
Offense
Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both.
Definitions
As used in this section—
the term Internet content hosting provider means a service that—
stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and
makes such data available via the Internet; and
the term email service provider means a person that—
provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; and
receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.
.
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:
1960B. Internet facilitation of child pornography and exploitation of children.
.
Money laundering predicate
Section 1956(c)(7)(D) of title 18, United States Code, is amended—
by inserting
1466A (relating to obscene visual representation of the abuse of
children),
before section 1708
;
by inserting 1960A (relating to
financial facilitation of access to child pornography), 1960B (relating to
Internet facilitation of child pornography and exploitation of
children),
before section 2113
; and
by inserting
2260A (relating to increased penalties for registered sex
offenders),
before section 2280
.
Retention of records by electronic communication service providers
Section 2703 of title 18, United States Code, is amended by adding at the end the following:
Retention of certain records and information
A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user.
.
Increased penalties for sexual exploitation of children
Section 2251(e) of title 18, United States Code, is amended—
by striking
15 years nor more than 30 years
and inserting 20 years or
for life
; and
by striking
not less than 25 years nor more than 50 years,
and all that
follows through not less than 30 years nor more than life.
and
inserting life.
.
Increased penalties for activities relating to material involving the sexual exploitation of children
Section 2252(b) of title 18, United States Code, is amended—
in paragraph (1)—
by striking
5 years and not more than 20 years
and inserting 15 years
or for life
; and
by striking
not less than 15 years nor more than 40 years.
and inserting
not less than 30 years or for life.
; and
in paragraph (2)—
by striking
or imprisoned not more than 10 years, or both
and inserting
and imprisoned for not less than 3 years nor more than 20 years
;
and
by striking
10 years nor more than 20 years.
and inserting 20 years
or for life.
.
Increased penalties for activities relating to material constituting or containing child pornography
Section 2252A(b) of title 18, United States Code, is amended—
in paragraph (1)—
by striking
5 years and not more than 20 years
and inserting 15 years
or for life
; and
by striking
not less than 15 years nor more than 40 years
and inserting
not less than 30 years or for life
; and
in paragraph (2)—
by striking
or imprisoned not more than 10 years, or both
and inserting
and imprisoned for not less than 3 years nor more than 20 years
;
and
by striking
10 years nor more than 20 years
and inserting 20 years or
for life
.
Additional RICO predicates
Section 1961(1) of title 18, United States Code, is amended—
by inserting
section 641 (relating to embezzlement or theft of public money,
property, or records,
after 473 (relating to
counterfeiting),
; and
by inserting
section 666 (relating to theft or bribery concerning programs receiving
Federal funds),
after section 664 (relating to embezzlement from
pension and welfare funds),
.
Additional resources for the Innocent Images National Initiative
Authorization of appropriations
There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2010 through 2014.
Availability
Any amounts appropriated pursuant to subsection (a) shall remain available until expended.
