Sec. 4. Sexual exploitation and other abuse of children
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/bill/118/s/1170/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title 18 of the United States Code is amended— in section 1466A— in subsection (a)(1)(A), by inserting , or includes a minor in such visual depiction of any adult engaging in sexually explicit conduct after sexually explicit conduct ; and in subsection (b)(1)(A), by inserting , or includes a minor in such visual depiction of any adult engaging in sexually explicit conduct after sexually explicit conduct ; in chapter 109A— in section 2244— in subsection (a)— by redesignating paragraphs
(1)through
(5)as subparagraphs
(A)through (E), respectively, and adjusting the margins accordingly; by striking Whoever and inserting the following: Whoever ; in paragraph (1), as so designated— in the matter preceding subparagraph (A), as so redesignated, by striking if so to do and inserting if to do so ; in subparagraph (A), as so redesignated, by striking ten and inserting 10 ; in subparagraph (B), as so redesignated, by striking three and inserting 10’ ; in subparagraph (C), as so redesignated, by striking two and inserting 5 ; and in subparagraph (D), as so redesignated, by striking two and inserting 5 ; and by adding at the end the following: Whoever attempts to commit an offense under paragraph
(1)shall be subject to the same penalty as for a completed offense. ; in subsection (b)— by inserting or causes after engages in ; by inserting or by after sexual contact with ; by inserting , or attempts to do so, after other person’s permission ; and by striking two and inserting 2 ; and in subsection (c), by striking If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual and inserting If the sexual contact or attempted sexual contact that a person engages in or causes in violation of this section (other than subsection (a)(1)(E)) is with or by an individual ; and in section 2246(2), by inserting after 16 years the following: , or of any person by a person who has not attained the age of 16 years, ; and in chapter 110— in section 2251— by striking subsections
(a)and
(b)and inserting the following: Any person who, in a circumstance described in subsection (f), engages in any of the following conduct shall be punished as provided under subsection (e): Employs, uses, persuades, induces, entices, or coerces a minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or transmitting a live visual depiction of such conduct. Employs, uses, persuades, induces, entices, or coerces a minor to engage in any sexually explicit conduct and in the course thereof, knowingly produces or causes to be produced any visual depiction of such conduct, or transmits or causes to be transmitted a live visual depiction of such conduct. Engages in sexually explicit conduct in the presence of a minor for the purpose of producing any visual depiction of such conduct or transmitting a live visual depiction of such conduct, intending that the minor be included in such visual depiction. Engages in sexually explicit conduct in the presence of a minor and in the course thereof, knowingly produces or causes to be produced any visual depiction of such conduct, or transmits or causes to be transmitted a live visual depiction of such conduct, intentionally including the minor in such visual depiction. Has a minor assist any other person to engage in any sexually explicit conduct during the commission of an offense set forth in paragraphs
(1)through
(4)of this subsection. Transports any minor in or affecting interstate or foreign commerce with the intent that such minor be used in the production or live transmission of any visual depiction of a minor engaged in any sexually explicit conduct. Any parent, legal guardian, or person who has custody or control of a minor and, in a circumstance described in subsection (f), engages in any of the following conduct shall be punished as provided under subsection (e): Knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct— for the purpose of producing any visual depiction of such conduct or transmitting a live visual depiction of such conduct; or knowing that any visual depiction of such conduct will be produced or transmitted. Knowingly permits an adult to engage in sexually explicit conduct in the presence of the minor— for the purpose of producing any visual depiction of such conduct or transmitting a live visual depiction of such conduct, intending that the minor be included in such visual depiction; or knowing that any visual depiction of such conduct will be produced or transmitted, intentionally including the minor in such visual depiction. ; in subsection (c)— in paragraph (1)— by striking employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct and inserting engages in any of the conduct described in paragraphs
(1)through
(5)of subsection
(a); and by striking for the purpose of producing any visual depiction of such conduct, ; and in paragraph (2)— in subparagraph (A), by inserting or transmitted after transported ; and in subparagraph
(B)by inserting or transmits after transports ; in subsection (d)(1), by striking subparagraph
(A)and inserting the following: to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if— the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or the production of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; or ; and by adding at the end the following: The circumstance referred to in subsections
(a)and
(b)is that— the person knows or has reason to know that the visual depiction will be— transported or transmitted using any means or facility of interstate or foreign commerce; transported or transmitted in or affecting interstate or foreign commerce; or mailed; the visual depiction was produced or transmitted using materials that have been— mailed; or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer; the visual depiction has actually been— transported or transmitted using any means or facility of interstate or foreign commerce; transported or transmitted in or affecting interstate or foreign commerce; or mailed; or any part of the offense occurred in a territory or possession of the United States or within the special maritime and territorial jurisdiction of the United States. ; in section 2251A— in subsection (a)— in the matter preceding paragraph (1), by inserting or control after transfer custody ; by striking paragraph
(1)and inserting the following: with knowledge that, as a consequence of the sale or transfer, the minor will be— portrayed in any visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or intentionally included in any visual depiction of an adult engaging in sexually explicit conduct in the presence of the minor; or ; and in paragraph (2)— in the matter preceding subparagraph (A), by striking either ; in subparagraph (A), by striking or at the end; in subparagraph (B), by adding or at the end; and by inserting after subparagraph
(B)the following: the intentional inclusion of the minor in any visual depiction of an adult engaging in sexually explicit conduct in the presence of the minor; and in subsection (b)— by striking paragraph
(1)and inserting the following: with knowledge that, as a consequence of the purchase or obtaining of custody or control, the minor will be— portrayed in any visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or intentionally included in any visual depiction of an adult engaging in sexually explicit conduct in the presence of the minor; or ; and in paragraph (2)— in the matter preceding subparagraph (A), by striking either ; in subparagraph (A), by striking or at the end; in subparagraph (B), by adding or at the end; and by inserting after subparagraph
(B)the following: the intentional inclusion of the minor in any visual depiction of an adult engaging in sexually explicit conduct in the presence of the minor; ; in section 2252(a)— in paragraph (1), by striking subparagraphs
(A)and
(B)and inserting the following: the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or the producing of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; ; in paragraph (2), by striking subparagraphs
(A)and
(B)and inserting the following: the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or the producing of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; ; in paragraph (3)(B), by striking clauses
(i)and
(ii)and inserting the following: the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or the producing of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; ; and in paragraph (4)(B), by striking clauses
(i)and
(ii)and inserting the following: the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct; or the producing of such visual depiction involves an adult engaging in sexually explicit conduct in the presence of a minor, such visual depiction is of such conduct, and the minor is intentionally included in the visual depiction; ; in section 2256— in paragraph (8)— by striking subparagraph
(A)and inserting the following: the production of such visual depiction involves— the use of a minor engaging in sexually explicit conduct; or an adult engaging in sexually explicit conduct in the presence of a minor and the intentional inclusion of the minor in the visual depiction; and in subparagraph (B), by inserting after sexually explicit conduct the following: or that of a minor intentionally included in such visual depiction of an adult engaging in sexually explicit conduct ; and in subparagraph (C), by inserting after sexually explicit conduct. the following: or is intentionally included in such visual depiction of an adult engaging in sexually explicit conduct ; in paragraph (9), by striking the period at the end and inserting a semicolon; in paragraph (10), by striking and at the end; in paragraph (11), by striking the period at the end and inserting ; and ; and adding at the end the following: the terms uses any minor to engage in , the use of a minor engaging in , and in the presence of a minor do not require— the minor to be aware of, or to be capable of appraising the nature of, the sexually explicit conduct; or any direct engagement or active participation by the minor in the sexually explicit conduct. ; and in section 2260— by striking subsection
(a)and inserting the following: A person who, outside the United States, engages in any of the following conduct, intending that the visual depiction will be imported or transmitted into the United States or into waters within 12 miles of the coast of the United States, shall be punished as provided in subsection (c): Employs, uses, persuades, induces, entices, or coerces a minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or transmitting a live visual depiction of such conduct. Employs, uses, persuades, induces, entices, or coerces a minor to engage in any sexually explicit conduct and in the course thereof, knowingly produces or causes to be produced any visual depiction of such conduct, or transmits or causes to be transmitted a live visual depiction of such conduct. Engages in sexually explicit conduct in the presence of a minor for the purpose of producing any visual depiction of such conduct or transmitting a live visual depiction of such conduct, intending that the minor be included in such visual depiction. Engages in sexually explicit conduct in the presence of a minor and in the course thereof, knowingly produces or causes to be produced any visual depiction of such conduct, or transmits or causes to be transmitted a live visual depiction of such conduct, intentionally including the minor in such visual depiction. Has a minor assist any other person to engage in any sexually explicit conduct during the commission of an offense set forth in paragraphs
(1)through
(4)of this subsection. Transports any minor in or affecting foreign commerce with the intent that such minor be used in the production or live transmission of any visual depiction of a minor engaged in any sexually explicit conduct. ; and in subsection (b), by striking visual depiction of a minor engaging in sexually explicit conduct (if the production of the visual depiction involved the use of a minor engaging in sexually explicit conduct), intending that the visual depiction and inserting child pornography (as defined in section 2256(8)(A)), intending that the child pornography .