Sec. 3. PROTECTION OF CHILD WITNESSES
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## SEC. 3 PROTECTION OF CHILD WITNESSES ###
(a)Civil Action To Restrain Harassment of a Victim or Witness 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.” > . ###
(b)Sentencing Guidelines **[**[28 U.S.C. 994 note](/us/usc/t28/s994)**]** 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, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure— ####
(1)that the guidelines provide an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 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 above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual.
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Sec. 3
PROTECTION OF CHILD WITNESSES
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