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Code · BILL · 116th Congress · S. 3398 (Reported in Senate) — To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes. · Sec. 7

Sec. 7. Use of term child sexual abuse material

2,437 words·~11 min read·/bill/116/s/3398/rs/section-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

child sexual abuse material It is the sense of Congress that the term child sexual abuse material has the same legal meaning as the term child pornography , as that term was used in Federal statutes and case law before the date of enactment of this Act. Chapter 65 of title 5, United States Code, is amended— in section 6502(a)(2)(B), by striking child pornography and inserting child sexual abuse material ; and in section 6504(c)(2)(F), by striking child pornography and inserting child sexual abuse material .
The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq.) is amended— in section 307(b)(3)(D) ( 6 U.S.C. 187(b)(3)(D) ), by striking child pornography and inserting child sexual abuse material ; and in section 890A ( 6 U.S.C. 473 )— in subsection (b)(2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and in subsection (e)(3)(B)(ii), by striking child pornography and inserting child sexual abuse material . Section 101(a)(43)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43)(I) ) is amended by striking child pornography and inserting child sexual abuse material .
Section 3011(c) of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5710(c) ) is amended by striking child pornography and inserting child sexual abuse material . Section 214(a)(2) of the Broadband Data Improvement Act ( 15 U.S.C. 6554(a)(2) ) is amended by striking child pornography and inserting child sexual abuse material . Section 4(b)(2)(B) of the CAN-SPAM Act of 2003 ( 15 U.S.C. 7703(b)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material .
Title 18, United States Code, is amended— in section 1956(c)(7)(D), by striking child pornography each place the term appears and inserting child sexual abuse material ; in chapter 110— in section 2251(e), by striking child pornography and inserting child sexual abuse material ; in section 2252(b)— in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and in paragraph (2), by striking child pornography and inserting child sexual abuse material ; in section 2252A— in the section heading, by striking and inserting child pornography ; child sexual abuse material in subsection (a)— in paragraph (1), by striking child pornography and inserting child sexual abuse material ; in paragraph (2)— in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; in paragraph (3), by striking child pornography and inserting child sexual abuse material ; in paragraph (4)— in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; in paragraph (5)— in subparagraph (A), by striking an image of child pornography and inserting child sexual abuse material ; and in subparagraph (B), by striking an image of child pornography and inserting child sexual abuse material ; and in paragraph (7)— by striking child pornography and inserting child sexual abuse material ; and by striking the period at the end and inserting a comma; in subsection (b)— in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and in paragraph (2), by striking child pornography each place the term appears and inserting child sexual abuse material ; and in subsection (c)— in paragraph (1)(A), by striking child pornography and inserting child sexual abuse material ; in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and in the undesignated matter following paragraph (2), by striking child pornography and inserting child sexual abuse material ; in subsection (d)(1), by striking child pornography and inserting child sexual abuse material ; and in subsection (e), by striking child pornography each place the term appears and inserting child sexual abuse material ; in section 2256(8)— by striking child pornography and inserting child sexual abuse material ; and by striking the period at the end and inserting a semicolon; in section 2257A(h)— in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and in paragraph (2), by striking child pornography and inserting child sexual abuse material ; in section 2258A— in subsection (a)(2)— in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; in subsection (b)— in paragraph (4)— in the paragraph heading, by striking and inserting child pornography ; and child sexual abuse material by striking child pornography and inserting child sexual abuse material ; and in paragraph (5), by striking child pornography and inserting child sexual abuse material ; and in subsection (g)(2)(B), by striking child pornography and inserting child sexual abuse material ; in section 2258C— in the section heading, by striking and inserting child pornography ; child sexual abuse material in subsection (a)— in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and in paragraph (3), by striking child pornography and inserting child sexual abuse material ; in subsection (d), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; and in subsection (e), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; in section 2259— in paragraph (b)(2)— in the paragraph heading, by striking and inserting child pornography ; child sexual abuse material in the matter preceding subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; in subsection (c)— in paragraph (1)— in the paragraph heading, by striking and inserting Child pornography ; and Child sexual abuse material by striking child pornography each place the term appears and inserting child sexual abuse material ; in paragraph (2), in the matter preceding subparagraph (A), by striking child pornography each place the term appears and inserting child sexual abuse material ; and in paragraph (3)— in the paragraph heading, by striking and inserting child pornography ; and child sexual abuse material by striking child pornography and inserting child sexual abuse material ; and in subsection (d)(1)— in subparagraph (A)— by striking child pornography each place the term appears and inserting child sexual abuse material ; and by striking Child Pornography and inserting Child Sexual Abuse Material ; in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (C)— by striking child pornography and inserting child sexual abuse material ; and by striking Child Pornography and inserting Child Sexual Abuse Material ; in section 2259A— in the section heading, by striking and inserting child pornography ; child sexual abuse material in subsection (a)— in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and in paragraph (3), by striking child pornography and inserting child sexual abuse material ; and in subsection (d)(2)(B), by striking child pornography and inserting child sexual abuse material ; and in section 2259B— in the section heading, by striking and inserting Child pornography ;
Child sexual abuse material in subsection (a), by striking Child Pornography each place the term appears and inserting Child Sexual Abuse Material ; in subsection (b), by striking Child Pornography each place the term appears and inserting Child Sexual Abuse Material ; in subsection (c), by striking Child Pornography and inserting Child Sexual Abuse Material ; and in subsection (d), by striking Child Pornography and inserting Child Sexual Abuse Material ; in chapter 117— in section 2423(f)(3), by striking child pornography and inserting child sexual abuse material ; and in section 2427— in the section heading, by striking and inserting child pornography ; and child sexual abuse material by striking child pornography and inserting child sexual abuse material ; in section 2516— in paragraph (1)(c), by striking child pornography and inserting child sexual abuse material ; and in paragraph (2), by striking child pornography and inserting child sexual abuse material ; in section 3014(h)(3), by striking child pornography and inserting child sexual abuse material ; in section 3509— in subsection (a)(6), by striking child pornography and inserting child sexual abuse material ; and in subsection (m)— in the subsection heading, by striking and inserting child pornography ; child sexual abuse material in paragraph (1), by striking child pornography and inserting constitutes a child sexual abuse material ; in paragraph (2), by striking child pornography and inserting constitutes a child sexual abuse material ; and in paragraph (3), by striking child pornography each place the term appears and inserting child sexual abuse material ; and in section 3632(d)(4)(D)(xlii), by striking child pornography and inserting child sexual abuse material .
Section 583(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1583(a)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material . Section 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 ) is amended— in subsection (a)— in paragraph (1)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and in paragraph (2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and in subsection (e)(5)— in the paragraph heading, by striking and inserting Child pornography ; and Child sexual abuse material by striking child pornography and inserting child sexual abuse material .
Section 224(f) of the Museum and Library Services Act ( 20 U.S.C. 9134(f) ) is amended— in paragraph (1)— in subparagraph (A)(i)(II), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and in paragraph (7)(A)— in the subparagraph heading, by striking and inserting Child pornography ; and Child sexual abuse material by striking child pornography and inserting child sexual abuse material .
Section 3031(b)(3) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10721(b)(3) ) is amended by striking child pornography and inserting child sexual abuse material . Section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ) is amended— in clause (i)(I)(aa), by striking child pornography and inserting child sexual abuse material ; and in clause (ii), by striking child pornography and inserting child sexual abuse material .
Section 1402(d)(6)(A) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d)(6)(A) ) is amended by striking Child Pornography and inserting Child Sexual Abuse Material . The Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20301 et seq.) is amended— in section 212(4) ( 34 U.S.C. 20302(4) ), by striking child pornography and inserting child sexual abuse material ; in section 214(b) ( 34 U.S.C. 20304(b) )— in the subsection heading, by striking and inserting child pornography ; and child sexual abuse material by striking child pornography and inserting child sexual abuse material ; and in section 226(c)(6) ( 34 U.S.C. 20341(c)(6) ), by striking child pornography and inserting child sexual abuse material .
Section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 ) is amended— in paragraph (3)(B)(iii), by striking child pornography and inserting child sexual abuse material ; and in paragraph (7)(G), by striking child pornography and inserting child sexual abuse material . Section 143(b)(3) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942(b)(3) ) is amended by striking child pornography and inserting child sexual abuse material .
Section 105(e)(1)(C) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21115(e)(1)(C) ) is amended by striking child pornography and inserting child sexual abuse material . Section 471(a)(20)(A)(i) of the Social Security Act ( 42 U.S.C. 671(a)(20)(A)(i) ) is amended by striking child pornography and inserting offenses involving child sexual abuse material . Section 101 of the Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa ) is amended— in subsection (a)(1), by striking child pornography and inserting child sexual abuse material ; and in subsection (b)(1), by striking child pornography and inserting child sexual abuse material .
Section 658H(c)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c)(1) ) is amended— in subparagraph (D)(iii), by striking child pornography and inserting offenses relating to child sexual abuse material ; and in subparagraph (E), by striking child pornography and inserting child sexual abuse material . Title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq.) is amended— in section 223 ( 47 U.S.C. 223 )— in subsection (a)(1)— in subparagraph (A), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography and inserting that constitutes child sexual abuse material ; and in section 254(h) ( 47 U.S.C. 254(h) )— in paragraph (5)— in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; in paragraph (6)— in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and in subparagraph (C)(i)(II) by striking child pornography and inserting child sexual abuse material ; and in paragraph (7)(F)— in the subparagraph heading, by striking and inserting Child pornography ; and Child sexual abuse material by striking child pornography and inserting child sexual abuse material .
The table of sections for chapter 110 of title 18, United States Code, is amended— by striking the item relating to section 2252A and inserting the following: 2252A. Certain activities relating to material constituting or containing child sexual abuse material. ; by striking the item relating to section 2258C and inserting the following: 2258C. Use to combat child sexual abuse material of technical elements relating to reports made to the CyberTipline. ; by striking the item relating to section 2259A and inserting the following: 2259A.
Assessments in child sexual abuse material cases. ; and by striking the item relating to section 2259B and inserting the following: 2259B. Child sexual abuse materials victims reserve . The table of sections for chapter 117 of title 18, United States Code, is amended by striking the item relating to section 2427 and inserting the following: 2427. Inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense. .
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