S. 1308 (112th): Protecting Children From Internet Pornographers Act of 2011

112th Congress, 2011–2013. Text as of Jun 30, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

II

112th CONGRESS

1st Session

S. 1308

IN THE SENATE OF THE UNITED STATES

June 30, 2011

(for himself, Ms. Klobuchar, and Mr. Rubio) 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, with respect to child pornography and child exploitation offenses.

1.

Short title

This Act may be cited as the Protecting Children From Internet Pornographers Act of 2011.

2.

Financial facilitation of access to child pornography

(a)

Offense

Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

1960A.

Financial facilitation of access to child pornography

(a)

Offense

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.

(b)

Applicability of section

This section shall not apply to a financial transaction conducted by a person in cooperation with, or with the consent of, any Federal, State, or local law enforcement agency.

.

(b)

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.

.

3.

Money laundering predicate

Section 1956(c)(7)(D) of title 18, United States Code, is amended—

(1)

by inserting 1466A (relating to obscene visual representation of the abuse of children), before section 1708;

(2)

by inserting 1960A (relating to financial facilitation of access to child pornography), before section 2113; and

(3)

by inserting 2260A (relating to increased penalties for registered sex offenders), before section 2280.

4.

Retention of certain records by electronic communication service providers

(a)

In general

Section 2703 of title 18, United States Code, is amended by adding at the end the following:

(h)

Retention of certain records

A provider of an electronic communication service or remote computing service shall retain for a period of at least 18 months a log of the temporarily assigned network addresses that the service provider assigns to each subscriber account, unless that address is transmitted by radio communication (as defined in section 3 of the Communications Act of 1934).

.

(b)

Sense of Congress

It is the sense of Congress that records retained pursuant to section 2703(h) of title 18, United States Code, should be stored securely to protect customer privacy and prevent against breaches of the records.

5.

No cause of action against a provider disclosing information under this chapter

Section 2703(e) of title 18, United States Code, is amended by inserting retaining records or after other specified persons for.

6.

Good faith reliance on requirement

Section 2707(e)(1) of title 18, United States Code, is amended by inserting , or the requirement to retain records under section 2703(h), after section 2703(f).

7.

Subpoena authority

Section 566(e)(1) of title 28, United States Code, is amended—

(1)

in subparagraph (A), by striking and at the end;

(2)

in subparagraph (B), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(C)

issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders (as defined in such section 3486).

.

8.

Protection of child witnesses

Section 1514 of title 18, United States Code, is amended—

(1)

in subsection (b)—

(A)

in paragraph (1)—

(i)

by inserting or its own motion, after attorney for the Government,; and

(ii)

by inserting or investigation after Federal criminal case each place it appears;

(B)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;

(C)

by inserting after paragraph (1) the following:

(2)

In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.

;

(D)

in paragraph (4), as so redesignated, by striking (and not by reference to the complaint or other document); and

(E)

in paragraph (5), as so redesignated, in the second sentence, by inserting before the period at the end the following: , except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness; and

(2)

by striking subsection (c) and inserting the following:

(c)

Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both.

(d)
(1)

As used in this section—

(A)

the term course of conduct means a series of acts over a period of time, however short, indicating a continuity of purpose;

(B)

the term harassment means a serious act or course of conduct directed at a specific person that—

(i)

causes substantial emotional distress in such person; and

(ii)

serves no legitimate purpose;

(C)

the term immediate family member has the meaning given that term in section 115 and includes grandchildren;

(D)

the term intimidation means a serious act or course of conduct directed at a specific person that—

(i)

causes fear or apprehension in such person; and

(ii)

serves no legitimate purpose;

(E)

the term restricted personal information has the meaning give that term in section 119;

(F)

the term serious act means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation; and

(G)

the term specific person means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness.

(2)

For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.

.

9.

Sentencing guidelines

Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure—

(1)

that the guidelines provide an additional penalty increase of up to 8 offense levels, if appropriate, above the sentence otherwise applicable in Part J of the Guidelines Manual if the defendant was convicted of a violation of section 1591 of title 18, United States Code, or chapters 109A, 109B, 110 or 117 of title 18, United States Code; and

(2)

if the offense described in paragraph (1) involved causing or threatening to cause physical injury to a person under 18 years of age, in order to obstruct the administration of justice, an additional penalty increase of up to 12 levels, if appropriate, above the sentence otherwise applicable in Part J of the Guidelines Manual.

10.

Enhanced penalties for possession of child pornography

(a)

Certain activities relating to material involving the sexual exploitation of minors

Section 2252(b)(2) of title 18, United States Code, is amended by inserting after but if the following: any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if.

(b)

Certain activities relating to material constituting or containing child pornography

Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after but, if the following: any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if.

11.

Administrative subpoenas

(a)

In General

Section 3486(a)(1) of title 18, United States Code, is amended—

(1)

in subparagraph (A)—

(A)

in clause (i), by striking or at the end;

(B)

by redesignating clause (ii) as clause (iii); and

(C)

by inserting after clause (i) the following:

(ii)

an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service; or

; and

(2)

in subparagraph (D)—

(A)

by striking paragraph, the term and inserting the following:

paragraph—

(i)

the term

;

(B)

by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(ii)

the term sex offender means an individual required to register under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.).

.

(b)

Technical and Conforming Amendments

Section 3486(a) of title 18, United States Code, is amended—

(1)

in paragraph (6)(A), by striking United State and inserting United States;

(2)

in paragraph (9), by striking (1)(A)(ii) and inserting (1)(A)(iii); and

(3)

in paragraph (10), by striking paragraph (1)(A)(ii) and inserting paragraph (1)(A)(iii).