109th CONGRESS
2d Session
S. 3499
To amend title 18, United States Code, to protect youth from exploitation
by adults using the Internet, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 13, 2006
Mr. KYL (for himself, Mr. GRASSLEY, Mr. DEWINE, Mr. CORNYN, Mr. BROWNBACK,
Ms. SNOWE, Mr. BURNS, Mrs. HUTCHISON, and Mr. ALLEN) 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, to protect youth from exploitation
by adults using the Internet, 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 `Internet Safety (Stop Adults Facilitating
the Exploitation of Youth) Act of 2006'.
SEC. 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:
`Sec. 1960A. Financial facilitation of access to child pornography
`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 10 years, or both.'.
(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.'.
SEC. 3. CHILD SEXUAL EXPLOITATION ENTERPRISES.
Section 2252A of title 18, United States Code, is amended by adding at the
end the following:
`(g) Child Pornography Enterprises-
`(1) Whoever engages in a child pornography enterprise shall be fined
under this title and imprisoned for any term of years not less than 10
or for life. The sentence imposed under this subsection shall be consecutive
to any other sentence imposed in relation to the conduct punished under
this subsection.
`(2) A person engages in a child pornography enterprise for the purposes
of this section if the person violates any provision of chapter 110 or
117, or section 1201, 1466A, 1470, or 1591, as a part of a series of felony
violations constituting 2 or more separate incidents and commits those
offenses in concert with 3 or more other persons.'.
SEC. 4. INCREASED PENALTIES FOR REGISTERED SEX OFFENDERS.
(a) Offense- Chapter 110 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 2260A. Increased penalties for registered sex offenders
`Whoever, being required by Federal or other law to register as a sex offender,
commits a felony offense involving a child under another provision of this
chapter or a provision of chapter 117, or under section 1201, 1466A, 1470,
or 1591, shall be fined under this title and imprisoned 10 years in addition
to the imprisonment imposed for the offense under that provision. The sentence
imposed under this section shall be consecutive to any sentence imposed
for the offense under that provision.'.
(b) Clerical Amendment- The table of sections at the beginning of chapter
110 of title 18, United States Code, is amended by adding at the end the
following new item:
`2260A. Increased penalties for registered sex offenders.'.
SEC. 5. INCREASED PENALTIES FOR CHILD PORNOGRAPHY AND RELATED OFFENSES.
(a) Sexual Exploitation of Children- Section 2251(e) of title 18, United
States Code, is amended--
(1) by inserting `section 1591,' before `this chapter,' the first place
such term appears;
(2) by striking `the sexual exploitation of children' the first place
it appears and inserting `aggravated sexual abuse, sexual abuse, abusive
sexual contact involving a minor or ward, sex trafficking of children,
or the production, possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography';
(3) by striking `15 years nor more than 30 years' and inserting `20 years
or for life';
(4) by striking `not less than 25 years nor more than 50 years,' and all
that follows through `not less than 35 years nor more than life.' and
inserting `life.'; and
(5) by striking `any term of years or for life' and inserting `not less
than 30 years or for life.'.
(b) Activities Relating to Material Involving the Sexual Exploitation of
Children- Section 2252(b) of title 18, United States Code, is amended--
(A) by striking `paragraphs (1)' and inserting `paragraph (1)';
(B) by inserting `section 1591,' before `this chapter,';
(C) by inserting `, or sex trafficking of children' after `child pornography';
(D) by striking `5 years and not more than 20 years' and inserting `15
years or for life'; and
(E) by striking `not less than 15 years nor more than 40 years.' and
inserting `life.'; and
(A) by striking `or imprisoned not more than 10 years, or both' and
inserting `and imprisoned for not less than 3 years nor more than 20
years'; and
(B) by striking `10 years nor more than 20 years.' and inserting `20
years or for life.'.
(c) Activities Relating to Material Constituting or Containing Child Pornography-
Section 2252A(b) of title 18, United States Code, is amended--
(A) by inserting `section 1591,' before `this chapter,';
(B) by inserting `, or sex trafficking of children' after `child pornography';
(C) by striking `5 years and not more than 20 years' and inserting `15
years or for life'; and
(D) by striking `not less than 15 years nor more than 40 years' and
inserting `life'; and
(A) by striking `or imprisoned not more than 10 years, or both' and
inserting `and imprisoned for not less than 3 years nor more than 20
years'; and
(B) by striking `10 years nor more than 20 years' and inserting `20
years or for life'.
(d) Using Misleading Domain Names To Direct Children to Harmful Material
on the Internet- Section 2252B(b) of title 18, United States Code, is amended
by striking `or imprisoned not more than 4 years, or both' and inserting
`and imprisoned for not less than 5 years nor more than 20 years'.
(e) Extraterritorial Child Pornography Offenses- Section 2260(c) of title
18, United States Code, is amended to read as follows:
`(1) USE OF MINOR- A person who violates subsection (a), or attempts or
conspires to do so, shall be subject to the penalties provided in subsection
(e) of section 2251 for a violation of that section, including the penalties
provided for such a violation by a person with a prior conviction or convictions,
as described in that subsection.
`(2) USE OF VISUAL DEPICTION- A person who violates subsection (b), or
attempts or conspires to do so, shall be subject to the penalties provided
in subsection (b)(1) of section 2252 for a violation of paragraph (1),
(2), or (3) of subsection (a) of that section, including the penalties
provided for such a violation by a person with a prior conviction or convictions,
as described in subsection (b)(1) of section 2252.'.
SEC. 6. INTERNET FACILITATION OF CHILD PORNOGRAPHY AND OBSCENITY.
(a) Child Pornography Reporting- Section 227(b)(4) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13032(b)(4)) is amended to read as follows:
`(A) KNOWING AND WILLFUL FAILURE- A provider of electronic communication
services or remote computing services described in paragraph (1) who
knowingly and willfully fails to make a report under that paragraph
shall be fined--
`(i) in the case of an initial failure to make a report, not more
than $150,000; and
`(ii) in the case of any second or subsequent failure to make a report,
not more than $300,000.
`(B) NEGLIGENT FAILURE- A provider of electronic communication services
or remote computing services described in paragraph (1) who negligently
fails to make a report under that paragraph shall be subject to a civil
penalty of--
`(i) in the case of an initial failure to make a report, not more
than $50,000; and
`(ii) in the case of any second or subsequent failure to make a report,
not more than $100,000.
`(C) AUTHORITY- For the purposes of this paragraph, the Federal Communications
Commission--
`(i) may levy civil penalties under subparagraph (B); and
`(ii) shall promulgate regulations, in consultation with the Attorney
General, to--
`(I) effectuate the purposes of subparagraph (B); and
`(II) provide for appropriate administrative review of any civil
penalties levied under that subparagraph.'.
(b) Deception by Embedded Words or Images-
(1) IN GENERAL- Chapter 110 of title 18, United States Code, is amended
by inserting after section 225B the following:
`Sec. 2252C. Misleading words or digital images on the Internet
`(a) In General- Whoever knowingly embeds words or digital images into the
source code of a website with the intent to deceive a person into viewing
material constituting obscenity shall be fined under this title and imprisoned
for not less than 2 years nor more than 10 years.
`(b) Minors- Whoever knowingly embeds words or digital images into the source
code of a website with the intent to deceive a minor into viewing material
harmful to minors on the Internet shall be fined under this title and imprisoned
for not less than 5 years nor more than 20 years.
`(c) Construction- For the purposes of this section, a word or digital image
that clearly indicates the sexual content of the site, such as `sex' or
`porn', is not misleading.
`(d) Definitions- In this section--
`(1) the terms `material that is harmful to minors' and `sex' have the
meaning given such terms in section 2252B; and
`(2) the term `source code' means the combination of text and other characters
comprising the content, both viewable and nonviewable, of a web page,
including any website publishing language, programming language, protocol
or functional content, as well as any successor languages or protocols.'.
(2) TABLE OF SECTIONS- The table of sections for chapter 110 of title
18, United States Code, is amended by inserting after the item relating
to section 2252B the following:
`Sec. 2252C. Misleading words or digital images on the Internet.'.
SEC. 7. REQUIREMENT TO PLACE WARNING MARKS ON COMMERCIAL WEBSITES CONTAINING
SEXUALLY EXPLICIT MATERIAL.
(a) Definitions- In this section--
(1) the term `Commission' means the Federal Trade Commission;
(2) the term `website' means any collection of material placed in a computer
server-based file archive so that it is publicly accessible, over the
Internet, using hypertext transfer protocol or any successor protocol
except that the term does not include any collection of material where
access to sexually explicit material is restricted to a specific set of
individuals through the provision of a password or through another access
restriction mechanism;
(3) the term `sexually explicit material' means any material that depicts
sexually explicit conduct (as that term is defined in subsection (2)(A)
of section 2256 of title 18, United States Code), unless the depiction
constitutes a small and insignificant part of the whole, the remainder
of which is not primarily devoted to sexual matters;
(4) the term `Internet' means the combination of computer facilities and
electromagnetic transmission media, and related equipment and software,
comprising the interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or any successor
protocol to transmit information; and
(5) the term `Internet access service'--
(A) means a service that enables users to access content, information,
electronic mail, or other services offered over the Internet, and may
also include access to proprietary content, information, and other services
as part of a package of services offered to consumers; and
(B) does not include telecommunications services.
(b) Labeling Requirement- Except as provided in subsection (d), no person
who operates a website that is primarily operated for commercial purposes,
in or affecting interstate or foreign commerce, may knowingly, and with
knowledge of the character of the material, place on that website sexually
explicit material, and fail--
(1) to include on each page of the website that contains sexually explicit
material, the marks and notices prescribed by the Commission under subsection
(c); or
(2) to ensure that the matter on the website that is initially viewable,
absent any further actions by the viewer, does not include any sexually
explicit material.
(c) Prescription of Marks and Notices- Not later than 90 days after the
date of enactment of this Act, the Commission shall, in consultation with
the Attorney General, establish by regulation clearly identifiable marks
or notices to be included in the code, if technologically feasible, or if
not feasible on the pages, of websites that contain sexually explicit material
in order to inform the viewer of that fact and to facilitate the filtering
of such pages.
(d) Inapplicability to Carriers and Other Service Providers- This section
shall not apply to a person, to the extent that such person is--
(1) a telecommunications carrier engaged in the provision of a telecommunications
service;
(2) a person engaged in the business of providing an Internet access service;
or
(3) similarly engaged in the transmission, storage, retrieval, hosting,
formatting, or translation (or any combination thereof) of a communication
made by another person, without selection or alteration of the content
of the communication, and such person's deletion of a particular communication
or material made by another person in a manner consistent with any applicable
law or regulation shall not constitute selection or alteration of the
content of the communication.
(e) Penalties- Whoever violates subsection (b) shall be fined under title
18, United States Code, imprisoned not more than 15 years, or both.
SEC. 8. RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by inserting `1466A (relating to obscene visual representation of
the abuse of children),' after `sections 1461-1465 (relating to obscene
matter),';
(2) by inserting `2252A (relating to child pornography),' before `sections
2312'; and
(3) by inserting `1960A,' before `2251'.
SEC. 9. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting
`section 1037 (relating to fraud and related activity in connection with
electronic mail),' before `section 1111'.
SEC. 10. MASHA'S LAW.
Section 2255 of title 18, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(a) Any person who is a victim of a violation of section 2241(c), 2242,
2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 may in a civil action
obtain appropriate relief, including damages of not less than $250,000.';
and
(2) in subsection (b) by striking `first'.
SEC. 11. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND SEXUAL ABUSE.
(a) Child Prostitution and Sex Trafficking Offenses-
(1) IN GENERAL- Section 2423 of title 18, United States Code, is amended--
(A) in subsection (a), by striking `5 years and not more than 30 years'
and inserting `15 years or for life';
(B) in subsections (b) and (c), by striking `or imprisoned not more
than 30 years, or both.' and inserting `and imprisoned for not less
than 10 years (unless the offense is based only on conduct that would
be in violation of sections 2243(a) or 2244) nor more than 30 years.';
and
(C) in subsection (d), by striking `, imprisoned not more than 30 years,
or both' and inserting `and imprisoned for not less than 10 years nor
more than 30 years'.
(2) PENALTIES FOR COERCION AND ENTICEMENT BY SEX OFFENDERS- Section 2422
of title 18, United States Code, is amended--
(A) in subsection (a), by striking `or imprisoned not more than 20 years,
or both' and inserting `and imprisoned not less than 10 years nor more
than 30 years'; and
(B) in subsection (b), by striking `5 years and not more than 30 years'
and inserting `15 years or for life'.
(3) MANDATORY PENALTIES FOR SEX-TRAFFICKING OF CHILDREN- Section 1591(b)
of title 18, United States Code, is amended--
(A) in paragraph (1) by striking `or imprisonment for any term of years
or for life, or both' and inserting `and imprisonment for any term of
years not less than 25 or for life'; and
(i) by striking `or imprisonment for not' and inserting `and imprisonment
for not less than 15 years nor'; and
(ii) by striking `, or both'.
(b) Sexual Abuse of Children-
(1) SEXUAL ABUSE OF CHILDREN RESULTING IN DEATH- Section 2245 of title
18, United States Code, is amended--
(A) by inserting `, chapter 110, chapter 117, or section 1591' after
`this chapter';
(B) by striking `A person' and inserting `(a) In General- A person';
and
(C) by adding at the end the following:
`(b) Offenses Involving Children- A person who, in the course of an offense
under this chapter, chapter 110, chapter 117, or section 1591 engages in
conduct that results in the death of a person who has not attained the age
of 18 years, shall be punished by death or imprisoned for not less than
30 years or for life.'.
(2) MANDATORY LIFE IMPRISONMENT FOR CERTAIN REPEATED SEX OFFENSES AGAINST
CHILDREN- Section 3559(e)(2)(A) of title 18, United States Code, is amended--
(A) by striking `or 2423(a)' and inserting `2423(a)'; and
(B) by inserting `, 2423(b) (relating to travel with intent to engage
in illicit sexual conduct), 2423(c) (relating to illicit sexual conduct
in foreign places), or 2425 (relating to use of interstate facilities
to transmit information about a minor)' after `minors)'.
(3) CHILD ABUSE REPORTING- Section 2258 of title 18, United States Code,
is amended by striking `Class B misdemeanor' and inserting `Class A misdemeanor'.
(c) Increased Penalties for Sexual Abuse-
(1) AGGRAVATED SEXUAL ABUSE- Section 2241 of title 18, United States Code,
is amended--
(A) in subsection (a), by striking `, imprisoned for any term of years
or life, or both' and inserting `and imprisoned for any term of years
not less than 15 or for life';
(B) in subsection (b), by striking `, imprisoned for any term of years
or life, or both' and inserting `and imprisoned for any term of years
not less than 10 or for life'; and
(C) in subsection (c), in the first sentence, by striking `, imprisoned
for any term of years or life, or both.' and inserting `and imprisoned
for not less than 20 years or for life.'.
(2) SEXUAL ABUSE- Section 2242 of title 18, United States Code, is amended
by striking `, imprisoned not more than 20 years, or both' and inserting
`and imprisoned not less than 10 years nor more than 30 years'.
(3) ABUSIVE SEXUAL CONTACT- Section 2244 of title 18, United States Code,
is amended--
(i) in paragraph (1), by striking `, imprisoned not more than ten
years, or both' and inserting `and imprisoned for not less than 3
years nor more than 15 years';
(ii) in paragraph (2), by striking `, imprisoned for not more than
three years, or both' and inserting `and imprisoned for not less than
2 years nor more than 10 years';
(iii) in paragraph (3), by striking `two years' and inserting `10
years'; and
(iv) in paragraph (4), by striking `two years' and inserting `10 years';
and
(B) in subsection (c) by striking `maximum'.
(4) SEXUAL ABUSE OF WARDS- Chapter 109A of title 18, United States Code,
is amended--
(A) in section 2243(b), by striking `, imprisoned not more than five
years, or both' and inserting `and imprisoned for not less than 5 years
nor more than 15 years'; and
(B) by inserting a comma after `Attorney General' each place such term
appears.
(5) NO LIMITATION FOR PROSECUTION OF FELONY SEX OFFENSES-
(A) IN GENERAL- Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:
`Sec. 3299. Child abduction and sex offenses
`Notwithstanding any other provision of law, an indictment may be found
or an information instituted at any time without limitation for any offense
under section 1201 involving a minor victim, and for any felony under chapter
109A, 110, or 117, or section 1591.'.
(B) TABLE OF SECTIONS- The table of sections for chapter 213 of title
18, United States Code, is amended by adding after the item relating
to section 3298 the following:
`3299. Child abduction and sex offenses.'.
SEC. 12. OFFICE ON SEXUAL VIOLENCE AND CRIMES AGAINST CHILDREN.
(a) Establishment- There is established within the Department of Justice,
under the general authority of the Attorney General, an Office on Sexual
Violence and Crimes against Children (in this section referred to as the
`Office').
(1) IN GENERAL- The Office shall be headed by a Director who shall be
appointed by the President. The Director shall report to the Attorney
General through the Assistant Attorney General for the Office of Justice
Programs and shall have final authority for all grants, cooperative agreements,
and contracts awarded by the Office.
(2) LIMITS ON OTHER ACTIVITIES- The Director shall not engage in any employment
other than that of serving as the Director, nor shall the Director hold
any office in, or act in any capacity for, any organization, agency, or
institution with which the Office makes any contract or other arrangement.
(c) Duties and Functions- The Office is authorized to--
(1) administer the sex offender registration and notification program
under Federal law;
(2) administer grant programs authorized by this Act;
(3) cooperate with and provide technical assistance to States, units of
local government, tribal governments, and other public and private entities
involved in activities related to sex offender registration or notification
or to other measures for the protection of children or other members of
the public from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General may delegate.
SEC. 13. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL EXPLOITATION
OF CHILDREN.
(a) Definition- In this section, the term `offenses relating to the sexual
exploitation of children' shall include any offense committed in violation
of--
(1) chapter 71 of title 18, United States Code, involving an obscene visual
depiction of a minor, or transfer of obscene materials to a minor;
(2) chapter 109A of title 18, United States Code, involving a sexual act
or sexual contact with a minor, or sexual abuse of a minor;
(3) chapter 110 of title 18, United States Code;
(4) chapter 117 of title 18, United States Code; and
(5) section 1591 of title 18, United States Code.
(b) Additional Prosecutors- In fiscal year 2007, the Attorney General shall,
subject to the availability of appropriations for such purpose, increase
by not less than 200 the number of attorneys in United States Attorneys'
Offices. The additional attorneys shall be assigned to prosecute offenses
relating to the sexual exploitation of children.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Department of Justice for fiscal year 2007 such sums as may be necessary
to carry out this section.
SEC. 14. ADDITIONAL ICAC TASK FORCES.
(a) Additional Task Forces- In fiscal year 2007, the Administrator of the
Office of Juvenile Justice and Delinquency Prevention shall, subject to
the availability of appropriations for such purpose, increase by not less
than 20 the number of Internet Crimes Against Children Task Forces that
are part of the Internet Crimes Against Children Task Force Program authorized
and funded under title IV of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5771 et seq.).
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Administrator of the Office of Juvenile Justice and Delinquency Prevention
for fiscal year 2007 such sums as may be necessary to carry out this section.
SEC. 15. GRANTS FOR CHILD SEXUAL ABUSE PREVENTION PROGRAMS.
(a) Definition of State- In this section, the term `State' means any State
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands.
(b) Grants- The Attorney General shall, subject the availability of appropriations,
make grants to States, units of local government, Indian tribes, and nonprofit
organizations for purposes of establishing and maintaining programs with
respect to the prevention of sexual offenses committed against minors.
(c) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section $10,000,000 for each of the fiscal years 2007
through 2011.
END
