To protect children from exploitive child modeling, and for other purposes.

February 13, 2003

Mr. FOLEY (for himself, Mr. LAMPSON, Mr. DELAY, Mrs. JOHNSON of Connecticut, Mr. POMEROY, Mr. GREEN of Wisconsin, Mr. JONES of North Carolina, Mr. SHIMKUS, Mr. BACA, Mr. SIMMONS, Mr. FROST, Mr. KIRK, Mr. FORBES, Mr. MCINTYRE, Mr. BERRY, Mr. MOLLOHAN, Mr. WAMP, Mr. VISCLOSKY, Mr. MARIO DIAZ-BALART of Florida, Mr. BOOZMAN, Mr. CRENSHAW, Mr. KELLER, Ms. ROS-LEHTINEN, Mr. MCHUGH, Mr. MCNULTY, Mr. GORDON, Mr. STENHOLM, Mr. WELDON of Pennsylvania, Mr. KING of New York, Mr. PLATTS, Mr. BARRETT of South Carolina, Mr. BELL, Mr. CALVERT, Mr. BROWN of South Carolina, Mr. OSBORNE, and Mr. HOEKSTRA) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To protect children from exploitive child modeling, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Child Modeling Exploitation Prevention Act'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The use of children in the production of exploitive child modeling, including on Internet websites, in photographs, films, videos, and other visual depictions, is a form of child abuse that can result in physical and psychological harm to the children involved.

(2) Exploitive child modeling is different from other, legitimate, child modeling because exploitive child modeling involves marketing the child himself or herself in lascivious positions and acts, rather than actually marketing products to average American consumers.

(3) The purpose of exploitive child modeling is to satisfy the demand of pedophiles.

(4) Unlike legitimate child modeling, exploitive child modeling may involve a direct and personal interaction between the child model and the pedophile. The pedophile often knows the child's name and has a way of communicating with the child.

(5) The interaction between the exploited child model and the pedophile can lead the child to trust pedophiles and to believe that it is acceptable and safe to meet with pedophiles in private.

(6) Over 70 percent of convicted pedophiles have used child pornography or exploitive child modeling depictions to whet their sexual appetites. Because children are used in its production, exploitive child modeling can place the child in danger of being abducted, abused, or murdered by the pedophiles who view such depictions.

(7) These exploitive exhibitions of children are unacceptable by social standards and lead to a direct harm to the children involved.

SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING.

(a) PROHIBITION ON EMPLOYMENT- Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following:

`(e)(1) No employer may employ a child model in exploitive child modeling.

`(2) Notwithstanding section 16(a), whoever violates paragraph (1) shall be fined under title 18 or imprisoned not more than 10 years, or both.

`(3)(A) In this subsection, the term `exploitive child modeling' means modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the image of the child.

`(B) Such term applies to any such use, regardless of whether the employment relationship of the child is direct or indirect, or contractual or noncontractual, or is termed that of an independent contractor.

`(C) Such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.'.

(b) OPPRESSIVE CHILD LABOR- Section 3(l) of such Act (29 U.S.C. 203(l)) is amended--

(1) by striking `(1) any' and inserting `(A) any';

(2) by striking `(2) any' and inserting `(B) any';

(3) by inserting `(1)' after `(l)'; and

(4) by adding at the end the following new paragraph:

`(2) Such term includes employment of a minor in violation of section 12(e)(1).'.

SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE.

(a) IN GENERAL- 110 of title 18, United States Code, is amended by inserting after section 2252A the following:

`2252B. Exploitive child modeling

`(a) IN GENERAL- Except as provided in subsection (b), whoever, in or affecting interstate or foreign commerce, with the intent to make a financial gain thereby--displays or offers to provide the image of an individual engaged in exploitive child modeling (as defined in section 12(e) of the Fair Labor Standards Act of 1938) shall be fined under this title or imprisoned not more than 10 years, or both.

`(b) EXCEPTION- This section does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2252A the following:

`2252B. Exploitive child modeling.'.

END