HR 4128 - Criminal Code Modernization and Simplification Act of 2007

BILL PAGE

HR 4128

110th CONGRESS

1st Session

H. R. 4128

To modernize, shorten, and simplify the Federal criminal code.

IN THE HOUSE OF REPRESENTATIVES

November 8, 2007

Mr. SENSENBRENNER introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To modernize, shorten, and simplify the Federal criminal code.

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 `Criminal Code Modernization and Simplification Act of 2007'.

SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES CODE.

Part I of title 18, United States Code, is to read as follows:

`PART I--GENERAL PROVISIONS AND OFFENSES

`Chapter

--Section

101

201

261

401

501

571

641

771

851

991

1251

1301

1371

1481

2501

`CHAPTER 1--DEFINITIONS

`Sec.

`1. Definitions for title.

`Sec. 1. Definitions for title

`In this title, the following definitions apply unless otherwise provided:

agency

bodily injury

`(A) a cut, abrasion, bruise, burn, or disfigurement;

`(B) physical pain;

`(C) illness;

`(D) impairment of the function of a bodily member, organ, or mental or sensory faculty; or

`(E) any other injury to the body, no matter how temporary.

child

court of the United States

crime of violence

`(A) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

`(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

department

facility of interstate or foreign commerce

Federal health care offense

`(A) section 656, 792, 806, or 1141;

`(B) section 504, 651, 653, 772, 782, 801, 803, or 1017 if the violation relates to a health care benefit program.

financial institution

`(A) an institution, with deposits insured by the Federal Deposit Insurance Corporation;

`(B) the Federal Reserve or a member of the Federal Reserve including any Federal Reserve Bank;

`(C) a credit union with accounts insured by the National Credit Union Administration;

`(D) a member of the Federal home loan bank system and any home loan bank;

`(E) any institution of the Farm Credit System under the Farm Credit Act of 1971;

`(F) a broker-dealer registered with the Securities and Exchange Commission pursuant to section 15 of the Securities Exchange Act of 1934;

`(G) the Securities Investor Protection Corporation;

`(H) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); and

`(I) an organization operating under section 25 or section 25(a) of the Federal Reserve Act.

foreign commerce

foreign government

health care benefit program

interstate commerce

national of the United States

national bank

national banking association

obligation or other security of any foreign government

organization

person

whoever

petty offense

Postal Service

serious bodily injury

`(A) bodily injury which involves--

`(i) a substantial risk of death or unconsciousness;

`(ii) extreme physical pain;

`(iii) protracted and obvious disfigurement; or

`(iv) protracted loss or impairment of the function of a bodily member, organ, or mental or sensory faculty; or

`(B) conduct that, had it occurred in the special maritime or territorial jurisdiction of the United States, would have violated subchapter A of chapter 13.

special maritime and territorial jurisdiction of the United States

`(A) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

`(B) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

`(C) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

`(D) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

`(E) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.

`(F) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.

`(G) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.

`(H) With respect to offenses committed by or against a national of the United States--

`(i) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and

`(ii) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.

Nothing in clause (ii) supersedes any treaty or international agreement. Clause (ii) does not apply with respect to an offense committed by a person described in section 3261(a).

State

substantial bodily injury

`(A) a temporary but substantial disfigurement; or

`(B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental or sensory faculty.

United States

vessel of the United States

`CHAPTER 3--CRIMINAL RESPONSIBILITY

`Sec.

`2. Principals.

`3. Accessory after the fact.

`4. Misprision of felony.

`5. Conspiracy.

`6. Attempt.

`7. Solicitation to commit a crime of violence.

`Sec. 2. Principals

`(a) GENERALLY- Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures its commission, is punishable as a principal.

`(b) FOR CONDUCT OF OTHERS- Whoever intentionally causes conduct by another that is an offense against the United States, is punishable as a principal for that offense.

`Sec. 3. Accessory after the fact

`(a) OFFENSE- Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment, is an accessory after the fact.

`(b) PUNISHMENT- Except as otherwise expressly provided by Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.

`Sec. 4. Misprision of felony

`Whoever, having knowledge of the actual commission of a felony offense against the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be imprisoned not more than three years.

`Sec. 5. Conspiracy

`Unless otherwise provided by law, if two or more persons conspire to commit any offense against the United States, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punished for the offense which is the object of the conspiracy.

`Sec. 6. Attempt

`(a) GENERAL RULE- Unless otherwise provided by law, whoever attempts to commit an offense shall be punished as is provided for the completed offense.

`(b) EXCEPTIONS- Subsection (a) does not apply to any provision that specifically exempts itself from the application of this section.

`Sec. 7. Solicitation to commit a crime of violence

`(a) OFFENSE- Whoever, with intent that another person engage in a Federal offense that is a felony crime of violence and under circumstances strongly corroborative of that intent, solicits such other person to engage in that offense, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than 20 years.

`(b) AFFIRMATIVE DEFENSE- It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not `voluntary and complete' if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective.

`(c) LIMITATION ON DEFENSES- It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because that person lacked the state of mind required for its commission, was incompetent or irresponsible, or is immune from prosecution, or not subject to, prosecution.

`CHAPTER 5--OTHER GENERAL PROVISIONS

`Subchapter

--Sec.

`SUBCHAPTER A--DEFENSES

`Sec.

`21. Affirmative defenses.

`22. Insanity defense.

`21. Affirmative defenses

`If a provision of law provides an affirmative defense to a prosecution for an offense, the defendant must prove the elements of that defense by a preponderance of the evidence.

`Sec. 22. Insanity defense

`(a) Affirmative Defense- It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.

`(b) Burden of Proof- The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

`SUBCHAPTER B--GENERAL RULES PERTAINING TO CRIMINAL OFFENSES

`Sec.

`31. Non-preemption.

`Sec. 31. Non-preemption

`The existence of a Federal criminal offense does not preclude the application of a State or local law to the conduct proscribed by the offense, unless the law specifically so provides or the State or local law requires conduct constituting the Federal criminal offense.

`CHAPTER 10--VIOLENT CRIMES AGAINST PERSONS

`Subchapter

--Sec.

101

111

121

131

136

141

155

161

171

`SUBCHAPTER A--HOMICIDE

`Sec.

`101. Homicide.

`102. Federally punishable homicides.

`103. Penalties for murders punishable under section 102; attempts and conspiracies.

`104. Penalties for manslaughters punishable under section 102; attempts.

`105. Misconduct or neglect of ship officers.

`Sec. 101. Homicide

`Unless otherwise provided by Act of Congress, if a Federal law makes the killing of a human being an offense, the following categories shall apply with respect to that offense:

`(1) MURDER-

`(A) ELEMENTS OF OFFENSE- Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree.

`(B) DEFINITIONS- In this paragraph--

`(i) the term `assault' means conduct that consists an assault as described in section 111;

`(ii) the term `child' means a child who is under the perpetrator's care or control or at least six years younger than the perpetrator;

`(iii) the term `child abuse' means intentionally causing death or serious bodily injury to a child;

`(iv) the term `pattern or practice of assault or torture' means assault or torture engaged in on at least two occasions; and

`(v) the term `torture' means conduct, whether or not committed under the color of law, that otherwise satisfies the definition of that term set forth in section 1293.

`(2) MANSLAUGHTER- Manslaughter is the unlawful killing of a human being without malice. It is of two kinds:

`(A) VOLUNTARY- Upon a sudden quarrel or heat of passion.

`(B) INVOLUNTARY- In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.

`Sec. 102. Federally punishable homicides

`In addition to any other homicides made punishable by law, the following are Federal offenses:

`(1) SPECIAL MARITIME AND TERRITORIAL JURISDICTION- A killing in the special maritime and territorial jurisdiction of the United States.

`(2) OFFICERS AND EMPLOYEES AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED STATES- A killing of any officer or employee, or any former officer or employee, of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance.

`(3) FAMILY MEMBERS OF OFFICERS AND EMPLOYEES AND FORMER OFFICERS AND EMPLOYEES OF THE UNITED STATES- A killing, with the intent to impede, intimidate, or interfere with an individual described in paragraph (2) while that individual is engaged in the performance of official duties, or with intent to retaliate against such individual on account of the performance of official duties of that individual, of a member of that indvidual's family.

`(4) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATIONALLY PROTECTED PERSONS- A killing of a foreign official, official guest, or internationally protected person.

`(5) BY NATIONAL OF THE UNITED STATES ABROAD- A killing, by a national of the United States, of a national of the United States while the victim is outside the United States but within the jurisdiction of another country.

`(6) KILLINGS BY ESCAPED PRISONERS- A killing of a person by an individual who has escaped from a Federal correctional institution where the individual was confined under a sentence for a term of life imprisonment.

`(7) CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION- A killing of an individual who is a Member of Congress or a Member-of-Congress-elect, a member of the executive branch of the Government who is the head, or a person nominated to be head during the pendency of such nomination, of a department listed in section 101 of title 5 or the second ranking official in such department, the Director (or a person nominated to be Director during the pendency of such nomination) or Deputy Director of Central Intelligence, or a Justice of the United States, as defined in section 451 of title 28, or a person nominated to be a Justice of the United States, during the pendency of such nomination.

`(8) PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION- A killing of an individual who is--

`(A) the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, or any person who is acting as President under the Constitution and laws of the United States;

`(B) a major Presidential or Vice Presidential candidate (as defined in section 3056 of this title); or

`(C) a person appointed under section 105(a)(2)(A) of title 3 employed in the Executive Office of the President or appointed under section 106(a)(1)(A) of title 3 employed in the Office of the Vice President.

`(9) OF NATIONAL ABROAD- The killing of an individual outside the United States who is a national of the United States.

`(10) KILLINGS BY PRISONER- The killing of another by a person confined under a sentence of life imprisonment in a Federal correctional facility.

`Sec. 103. Penalties for murders punishable under section 102; attempts and conspiracies

`(a) MURDER- A murder that is an offense under section 102 is punishable by--

`(1) death or imprisonment for life for first degree murder; and

`(2) imprisonment for any term of years or for life for second degree murder.

`(b) ATTEMPTED MURDER-

`(1) GENERALLY- Except as provided in paragraph (2), whoever attempts to commit a murder that is an offense under section 102 shall be imprisoned not more than 20 years.

`(2) SPECIAL RULE RELATING TO CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATIONS AND PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATIONS- If the offense attempted is against an individual described in paragraph (9) or (10) of section 102 the penalty is imprisonment for any term of years or for life.

`(c) CONSPIRACY TO MURDER- If two or more persons conspire to commit an offense under section 102 and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life, but in the case of a conspiracy to commit an offense against a individual described in paragraph (9) or (10) of section 102, if death results to the individual whose killing was the object of the conspiracy, the penalty is death or imprisonment for any term of years or for life.

`Sec. 104. Penalties for manslaughters punishable under section 102; attempts

`(a) PENALTY FOR MANSLAUGHTER- A manslaughter that is an offense under section 102 is punishable by--

`(1) imprisonment for not more than ten years, for voluntary manslaughter; and

`(2) imprisonment for not more than six years, for involuntary manslaughter.

`(b) ATTEMPTED MANSLAUGHTER- Whoever attempts to commit a manslaughter that would be punishable under section 102 shall be imprisoned not more than 7 years.

`Sec. 105. Misconduct or neglect of ship officers

`(a) OFFICERS- Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, and every owner, charterer, inspector, or other public officer, through whose fraud, neglect, connivance, misconduct, or violation of law the life of any person is destroyed, shall be imprisoned not more than ten years.

`(b) OWNERS- When the owner or charterer of any steamboat or vessel is a corporation, any executive officer of such corporation, for the time being actually charged with the control and management of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and willfully caused or allowed such fraud, neglect, connivance, misconduct, or violation of law, by which the life of any person is destroyed, shall be imprisoned not more than ten years.

`SUBCHAPTER B--ASSAULT AND RELATED OFFENSES

`Sec.

`111. Assault.

`112. Individuals federally protected from assault.

`113. Interference with Federal officers and employees.

`114. Domestic assault by an habitual offender.

`Sec. 111. Assault

`Unless otherwise provided by Act of Congress, if a Federal law prohibits an assault against an individual, the following punishments shall apply with respect to that offense:

`(1) Assault with intent to commit murder, a felony under subchapter (A) of chapter 10, or with intent to maim, disfigure, or torture, by imprisonment for not more than 20 years.

`(2) Assault with intent to commit any felony, except murder or a felony under subchapter (A) of chapter 10, by imprisonment for not more than ten years.

`(3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by imprisonment for not more than ten years.

`(4) Assault resulting in serious bodily injury, by imprisonment for not more than ten years.

`(5) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by imprisonment for not more than 5 years.

`(6) Assault by striking, beating, or wounding, by imprisonment for not more than six months.

`(7) Simple assault, by imprisonment for not more than six months, or if the victim of the assault is an individual who has not attained the age of 16 years, by imprisonment for not more than 1 year.

`Sec. 112. Individuals federally protected from assault

`It is an offense to assault any individual whose killing is a Federal offense under section 102.

`Sec. 113. Interference with Federal officers and employees

`Whoever interferes with any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any individual assisting such an officer or employee in the performance of such duties or on account of that assistance while that person is engaged in, or on account of, the performance, official duties shall be imprisoned not more than one year.

`Sec. 114. Domestic assault by an habitual offender

`(a) In General- Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction--

`(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or

`(2) an offense under chapter 110A,

shall be imprisoned for a term of not more than 5 years, but if substantial bodily injury results from the offense under this section, the offender shall be imprisoned for a term of not more than 10 years.

`(b) Domestic Assault Defined- In this section, the term `domestic assault' means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.

`SUBCHAPTER C--KIDNAPPING

`Sec.

`121. Kidnapping.

`122. Ransom money.

`123. Hostage taking.

`124. International parental kidnapping.

`Sec. 121. Kidnapping

`(a) BASIC OFFENSE- Except in the case of a child by the parent thereof, whoever, as made applicable by subsection (b), kidnaps an individual shall be imprisoned any term of years or for life and, if death results to any individual, shall be punished by death or life imprisonment.

`(b) CIRCUMSTANCES REQUIRED- Subsection (a) applies if--

`(1) the victim or the victim's body is transported in interstate or foreign commerce, regardless of whether the victim was alive when transported across a State boundary if the victim was alive when the transportation began; or

`(2) the victim is an individual whose killing is a Federal offense under section 102.

`(c) PRESUMPTION- With respect to a violation of subsection (a), based on the circumstance described in subsection (b)(1), the failure to release the victim within 24 hours after the victim was kidnapped creates a rebuttable presumption that the victim has been transported in interstate or foreign commerce. However, the fact that the presumption under this section has not yet taken effect does not preclude a Federal investigation of a possible violation of this section.

`(d) CONSPIRACY PENALTY- If two or more persons conspire to violate subsection (a) and one or more of such persons do any overt act to effect the object of the conspiracy, each shall be punished by imprisonment for any term of years or for life. If the individual whose kidnapping was the object of the conspiracy is an individual listed in paragraph (9) or (10) of section 102, the death penalty may be imposed if death results.

`(e) ATTEMPTS- Whoever attempts to violate subsection (a) shall be punished by imprisonment for not more than 20 years but if the individual whose kidnapping was attempted is described in paragraph (9) or (10) of section 102, the offender shall be imprisoned for any term of years or for life.

`(f) Special Rule for Certain Offenses Involving Children- If the victim of an offense under this section is a child and the offender--

`(1) is not a child; and

`(2) is not--

`(A) a parent;

`(B) a grandparent;

`(C) a brother;

`(D) a sister;

`(E) an aunt;

`(F) an uncle; or

`(G) an individual having legal custody of the victim;

the sentence under this section for such offense shall include imprisonment for not less than 20 years.

`(g) DEFINITION FOR SECTION- As used in this section, the term `parent' does not include a person whose parental rights with respect to the victim of an offense under this section have been terminated by a final court order.

`Sec. 122. Ransom money

`(a) FEDERAL- Whoever receives, possesses, or disposes of any money or other property, or any portion thereof, which has at any time been delivered as ransom or reward in connection with a violation of section 121, knowing it to be such, shall be imprisoned not more than ten years.

`(b) STATE- Whoever transports, transmits, or transfers in interstate or foreign commerce any proceeds of a kidnapping punishable under State law by imprisonment for more than 1 year, or receives, possesses, conceals, or disposes of any such proceeds after they have crossed a State or United States boundary, knowing the proceeds to have been unlawfully obtained, shall be imprisoned not more than 10 years.

`Sec. 123. Hostage taking

`(a) OFFENSE- Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.

`(b) EXCLUSIONS-

`(1) It is not an offense under this section if the conduct required for the offense occurred outside the United States unless--

`(A) the offender or the person seized or detained is a national of the United States;

`(B) the offender is found in the United States; or

`(C) the governmental organization sought to be compelled is the Government of the United States.

`(2) It is not an offense under this section if the conduct required for the offense occurred inside the United States, each alleged offender and each person seized or detained are nationals of the United States, and each alleged offender is found in the United States, unless the governmental organization sought to be compelled is the Government of the United States.

`Sec. 124. International parental kidnapping

`(a) OFFENSE- Whoever removes a child from the United States, or attempts to do so, or retains a child (who has been in the United States) outside the United States with intent to obstruct the lawful exercise of parental rights shall be imprisoned not more than 3 years.

`(b) DEFINITIONS- As used in this section--

`(1) the term `child' means a person who has not attained the age of 16 years; and

`(2) the term `parental rights', with respect to a child, means the right to physical custody of the child--

`(A) whether joint or sole (and includes visiting rights); and

`(B) whether arising by operation of law, court order, or legally binding agreement of the parties.

`(c) AFFIRMATIVE DEFENSE- It is an affirmative defense under this section that--

`(1) the defendant acted within the provisions of a valid court order granting the defendant legal custody or visitation rights and that order was obtained pursuant to the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and was in effect at the time of the offense;

`(2) the defendant was fleeing an incidence or pattern of domestic violence; or

`(3) the defendant had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible.

`(d) EFFECT ON HAGUE CONVENTION- This section does not limit The Hague Convention on the Civil Aspects of International Parental Child Abduction, done at The Hague on October 25, 1980.

`SUBCHAPTER D--THREATS AGAINST SPECIALLY PROTECTED PERSONS

`Sec.

`131. Threats against officers or employees of the United States, and other specially protected persons.

`Sec. 131. Threats against officers or employees of the United States, and other specially protected persons

`Whoever threatens to kill, kidnap, or inflict bodily harm upon--

`(1) an individual described in paragraph (2) or (3) of section 102 on account of the performance of official duties;

`(2) an individual described in paragraph (4), (7), or (8) of section 102;

`(3) a former President of the United States;

`(4) a member of the immediate family of the President, the President-elect, the Vice President, or the Vice President-elect;

`(5) a major candidate for the office of President or Vice President, or a member of the immediate family of such candidate; or

`(6) a person protected by the Secret Service under section 3056(a)(6);

shall be imprisoned not more than 10 years.

`SUBCHAPTER E--DEFINITIONS AND GENERAL PROVISIONS FOR SUBCHAPTERS A THROUGH D

`Sec.

`136. Definitions for subchapters A through D.

`137. Special rules relating to offenses against certain types of victims.

`Sec. 136. Definitions for subchapters A through D

`Unless otherwise provided, in subchapters A through D, the following definitions apply:

`(1) The term `family' with respect to an individual, means--

`(A) a spouse, parent, brother or sister, child, or person to whom the individual stands in loco parentis; or

`(B) any other person living in the individual's household and related to the individual by blood or marriage.

`(2) The term `foreign government' means the government of a foreign country, irrespective of recognition by the United States.

`(3) The term `foreign official' means--

`(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; or

`(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of that person's family whose presence in the United States is in connection with the presence of such officer or employee.

`(4) The term `internationally protected person' means an individual who is--

`(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of that individual's family accompanying that individual; or

`(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitled pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of that individual's family then forming part of his household.

`(5) The term `international organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288) or a public organization created pursuant to treaty or other agreement under international law as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.

`(6) The term `official guest' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

`(7) The terms `President-elect' and `Vice President-elect' mean those persons who are the apparently successful candidates for the offices of President and Vice President, respectively, as ascertained from the result of the general elections held to determine the electors of President and Vice President under sections 1 and 2 of title 3.

`Sec. 137. Special rules relating to offenses against certain types of victims

`(a) Extraterritorial Jurisdiction-

`(1) PRESIDENTIAL AND CONGRESSIONAL VICTIMS- There is extraterritorial jurisdiction over an offense under any of subchapters A through D against a victim described in paragraph (9) or (10) of section 102.

`(2) INTERNATIONALLY PROTECTED PERSONS- There is extraterritorial jurisdiction over an offense under any of subchapters A through D the victim of which is an internationally protected person outside the United States, if--

`(A) the victim is a representative, officer, employee, or agent of the United States;

`(B) an offender is a national of the United States; or

`(C) an offender is afterwards found in the United States.

`(b) Use of Military With Respect to Certain Offenses- With respect to an offense under this chapter, or an attempt or conspiracy to commit such an offense, if an element of the offense is that the victim be individual described in paragraph (9) or (10) of section 102, a foreign official, an internationally protected person, or an official guest, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force.

`(c) SPECIAL PROVISIONS RELATING TO OFFENSES INVOLVING PRESIDENTIAL OR CONGRESSIONAL VICTIMS- With respect to an offense under paragraph (9) or (10) of section 102--

`(1) if Federal investigative or prosecutive jurisdiction is asserted, that assertion suspends the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated;

`(2) the Federal Bureau of Investigation shall have investigative authority; and

`(3) in a prosecution, the Government need not prove that the defendant knew that the victim of the offense was an individual who is protected by that paragraph.

`(d) APPROVAL REQUIRED FOR PROSECUTIONS RELATING TO UNITED STATES NATIONALS KILLED OVERSEAS-

`(1) APPROVAL REQUIRED- No prosecution may be instituted against any person under section 101(a)(5) except upon the written approval of the Attorney General, the Deputy Attorney General, or an Assistant Attorney General, which function of approving prosecutions may not be delegated. No prosecution shall be approved if prosecution has been previously undertaken by a foreign country for the same conduct.

`(2) BASIS FOR APPROVAL- No prosecution shall be approved under this subsection unless the Attorney General, in consultation with the Secretary of State, determines that the conduct took place in a country in which the person is no longer present, and the country lacks the ability to lawfully secure the person's return. A determination by the Attorney General under this paragraph is not subject to judicial review.

`(e) CERTIFICATION OF TERRORISM RELATION REQUIRED FOR CERTAIN PROSECUTIONS RELATING TO KILLING OR ATTACKING NATIONALS OF THE UNITED STATES ABROAD- No prosecution for any offense described in section 102(11) or 116 shall be undertaken by the United States except on written certification of the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions that, in the judgment of the certifying official, such offense was intended to coerce, intimidate, or retaliate against a government or a civilian population.

`SUBCHAPTER F--ROBBERY, EXTORTION, AND RELATED THREATS

`Sec.

`141. Robbery in special maritime and territorial jurisdiction.

`142. Robbery of personal property of United States.

`143. Bank robbery and incidental crimes.

`144. Communication of ransom demands and other threatening communications in or affecting commerce.

`145. Extortion by officers or employees of the United States.

`146. Receiving the proceeds of extortion.

`Sec. 141. Robbery in special maritime and territorial jurisdiction

`Whoever, within the special maritime and territorial jurisdiction of the United States, by force and violence, or by intimidation, takes or attempts to take from the person or presence of another anything of value, shall be imprisoned not more than 15 years.

`Sec. 142. Robbery of personal property of United States

`Whoever robs or attempts to rob another of any kind or description of personal property belonging to the United States, shall be imprisoned not more than 15 years.

`Sec. 143. Bank robbery and incidental crimes

`(a) AGGRAVATED OFFENSE- Whoever--

`(1) by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association; or

`(2) enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or in part as a bank, credit union, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank, credit union, or such savings and loan association and in violation of any statute of the United States, or any larceny;

shall be imprisoned not more than 20 years.

`(b) Taking and Carrying Away Property Over $1,000 in Value- Whoever takes and carries away, with intent to steal or purloin any property or money or any other thing of value exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than ten years, or both.

`(c) Taking and Carrying Away Property of $1,000 or less in Value- Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value not exceeding $1,000 belonging to, or in the care, custody, control, management, or possession of any bank, credit union, or any savings and loan association, shall be fined under this title or imprisoned not more than one year, or both.

`(c) RECEIVING STOLEN BANK PROPERTY- Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen from a bank, credit union, or savings and loan association in violation of subsection (b) or (c), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) or (c) for the taker.

`(d) ASSAULTING PERSON OR PLACING LIFE IN JEOPARDY- Whoever, in committing, or in attempting to commit, any offense defined in subsections (a) through (c), assaults any person, or puts in jeopardy the life of any person by the use of a dangerous weapon or device, shall be imprisoned not more than 25 years.

`(e) KILLING AND KIDNAPING- Whoever, in committing any offense defined in this section, or in avoiding or attempting to avoid apprehension for the commission of such offense, or in freeing himself or attempting to free himself from arrest or confinement for such offense, kills any person, or forces any person to accompany him without the consent of such person, shall be imprisoned not less than ten years, or if death results shall be punished by death or life imprisonment.

`(f) DEFINITIONS- As used in this section--

`(1) the term `bank' means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, including a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), and any institution the deposits of which are insured by the Federal Deposit Insurance Corporation;

`(2) the term `credit union' means any Federal credit union and any State-chartered credit union the accounts of which are insured by the National Credit Union Administration Board, and any `Federal credit union' as defined in section 2 of the Federal Credit Union Act;

`(3) the term `State-chartered credit union' includes a credit union chartered under the laws of a State; and

`(4) the term `savings and loan association' means--

`(A) a Federal savings association or State savings association (as defined in section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b))) having accounts insured by the Federal Deposit Insurance Corporation; and

`(B) a corporation described in section 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is operating under the laws of the United States.

`Sec. 144. Communication of ransom demands and other threatening communications in or affecting commerce

`(a) Kidnap Ransom- Whoever knowingly transmits, in or affecting interstate or foreign commerce, any communication containing any demand or request for a ransom or reward for the release of any kidnapped person shall be imprisoned not more than 20 years.

`(b) Threats to Kidnap or Injure- Whoever, with intent to extort from any person any money or other thing of value, knowingly transmits, in or affecting interstate commerce, any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be imprisoned not more than 20 years.

`(d) Threats to Property or Reputation With Intent to Extort- Whoever, with intent to extort from any person any money or other thing of value, knowingly transmits, in or affecting interstate or foreign commerce, any communication containing any threat--

`(1) to injure the property or reputation of another or the reputation of a deceased person; or

`(2) to accuse another of a crime;

shall be or imprisoned not more than 10 years.

`Sec. 145. Extortion by officers or employees of the United States

`Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing oneself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, shall be imprisoned not more than three years; but if the amount so extorted or demanded does not exceed $1,000, the offender shall be imprisoned not more than one year.

`Sec. 146. Receiving the proceeds of extortion

`Whoever receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this subchapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years.

`SUBCHAPTER G--EXTORTIONATE CREDIT TRANSACTIONS

`Sec.

`155. Making extortionate extensions of credit.

`156. Financing extortionate extensions of credit.

`157. Collection of extensions of credit by extortionate means.

`158. Effect on State laws.

`159. Definitions and rules of construction.

`Sec. 155. Making extortionate extensions of credit

`(a) OFFENSE- Whoever makes any extortionate extension of credit, or conspires to do so, shall be imprisoned not more than 20 years.

`(b) PRIMA FACIE EVIDENCE OF EXTORTIONATE TRANSACTION- In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate:

`(1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor--

`(A) in the jurisdiction within which the debtor, if a natural person, resided; or

`(B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made.

`(2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

`(3) At the time the extension of credit was made, the debtor reasonably believed that either--

`(A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or

`(B) the creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof.

`(4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.

`(c) REPUTATION EVIDENCE- In any prosecution under this section, if evidence is introduced tending to show the existence of any of the circumstances described in subsection (b)(1) or (b)(2), and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.

`Sec. 156. Financing extortionate extensions of credit

`Whoever knowingly advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, to any person, with reason to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit, shall be imprisoned not more than 20 years.

`Sec. 157. Collection of extensions of credit by extortionate means

`Whoever knowingly uses any extortionate means--

`(1) to collect or attempt to collect any extension of credit; or

`(2) to punish any person for nonrepayment of an extension of credit;

shall be imprisoned not more than 20 years.

`Sec. 158. Effect on State laws

`This subchapter does not preempt State law that would be permissible in the absence of this subchapter.

`Sec. 159. Definitions and rules of construction

`As used in this subchapter:

`(1) To extend credit means to make or renew any loan, or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.

`(2) The term `creditor', with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit.

`(3) The term `debtor', with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.

`(4) The repayment of any extension of credit includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

`(5) To collect an extension of credit means to induce in any way any person to make repayment thereof.

`(6) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

`(7) An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

`(8) State law, including conflict of laws rules, governing the enforceability through civil judicial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially noticed. This paragraph does not impair any authority which any court would otherwise have to take judicial notice of any matter of State law.

`SUBCHAPTER H--DOMESTIC VIOLENCE

`Sec.

`161. Interstate domestic violence; interstate stalking; interstate violations of custody orders.

`162. Pretrial release of defendant.

`163. Full faith and credit given to protection orders.

`164. Definitions.

`165. Repeat offenders.

`Sec. 161. Interstate domestic violence; interstate stalking; interstate violations of custody orders

`(a) Offenses- Whoever--

`(1) travels in interstate or foreign commerce or enters or leaves Indian country or within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner;

`(2) causes a spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country or within the special maritime and territorial jurisdiction of the United States by force, coercion, duress, or fraud, and who, in the course of, as a result of, or to facilitate such conduct or travel, commits or attempts to commit a crime of violence against that spouse, intimate partner, or dating partner;

`(3) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

`(4) with the intent--

`(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

`(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to--

`(i) that person;

`(ii) a member of the immediate family (as defined in section 115 of that person; or

`(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B);

`(5) travels in interstate or foreign commerce, or enters or leaves Indian country, with the intent to engage in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued, and subsequently engages in such conduct; or

`(6) causes another person to travel in interstate or foreign commerce or to enter or leave Indian country by force, coercion, duress, or fraud, and in the course of, as a result of, or to facilitate such conduct or travel engages in conduct that violates the portion of a protection order that prohibits or provides protection against violence, threats, or harassment against, contact or communication with, or physical proximity to, another person, or that would violate such a portion of a protection order in the jurisdiction in which the order was issued;

shall be punished as provided in subsection (b).

`(b) PUNISHMENT-

`(1) IN GENERAL- Whoever violates subsection (a) shall be imprisoned--

`(A) for life or any term of years, if death of the victim results;

`(B) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the victim results;

`(C) for not more than 10 years, if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense;

`(D) as provided for the applicable conduct under subchapter A of chapter 13 if the offense would constitute an offense under that subchapter (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison); and

`(E) for not more than 5 years, in any other case.

`(2) SPECIAL RULE- Whoever violates paragraph (3) or (4) of subsection (a) in violation of a temporary or permanent civil or criminal injunction, restraining order, no-contact order, or other order described in section 164 shall be punished by imprisonment for not less than 1 year.

`Sec. 162. Pretrial release of defendant

`In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this subchapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant.

`Sec. 163. Full faith and credit given to protection orders

`(a) Full Faith and Credit- Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State, Indian tribe, or territory.

`(b) Protection Order- A protection order issued by a State, tribal, or territorial court is consistent with this subsection if--

`(1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; and

`(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process; and in the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.

`(c) Cross or Counter Petition- A protection order issued by a State, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if--

`(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or

`(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.

`(d) Notification and Registration-

`(1) Notification- A State, Indian tribe, or territory according full faith and credit to an order by a court of another State, Indian tribe, or territory shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State, tribal, or territorial jurisdiction unless requested to do so by the party protected under such order.

`(2) No prior registration or filing as prerequisite for enforcement- Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.

`(3) Limits on internet publication of registration information- A State, Indian tribe, or territory shall not make available publicly on the Internet any information regarding the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction, restraining order, or injunction in either the issuing or enforcing State, tribal or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, Indian tribe, or territory may share court-generated and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes.

`(e) Tribal Court Jurisdiction- For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.

`Sec. 164. Definitions

`As used in this subchapter--

`(1) the term `course of conduct' means a pattern of conduct composed of 2 or more acts, demonstrating a continuity of purpose;

`(2) the term `enter or leave Indian country' includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government;

`(3) the term `protection order' includes--

`(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and

`(B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking;

`(4) the term `spouse or intimate partner' includes--

`(A) for purposes of--

`(i) all provisions except paragraphs (3) and (4) of section 161--

`(I) a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or

`(II) a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship; and

`(ii) section 2261A--

`(I) a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; or

`(II) a person who is or has been in a social relationship of a romantic or intimate nature with the target of the stalking, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship; and

`(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides;

`(5) the term `travel in interstate or foreign commerce' does not include travel from one State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member; and

`(6) the term `dating partner' refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser; and the existence of such a relationship is based on a consideration of--

`(A) the length of the relationship;

`(B) the type of relationship; and

`(C) the frequency of interaction between the persons involved in the relationship.

`Sec. 165. Repeat offenders

`(a) Maximum Term of Imprisonment- The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term otherwise provided under this chapter.

`(b) Definition- As used in this section, the term `prior domestic violence or stalking offense' means a conviction for an offense--

`(1) under section 161; or

`(2) under State law for an offense consisting of conduct that would have been an offense under a section referred to in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce.

`SUBCHAPTER I--PROTECTION OF UNBORN CHILDREN

`Sec.

`171. Protection of unborn children.

`172. Partial-birth abortions prohibited

`Sec. 171. Protection of unborn children

`(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section.

`(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.

`(B) An offense under this section does not require proof that--

`(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

`(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.

`(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A) and subject to subparagraph (D), be punished as provided under subchapter A for the like offense.

`(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section.

`(b) The provisions referred to in subsection (a) are the following:

`(1) Sections 101, 102, 111, 121, 123, 143, 161, 165, 201, 204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 601, 614, 631, 873, 892, 895, 897, 1112, 1131, 1133, 1137, 1138, 1204, 1216, 1291, 1296, 1306, and 1373 of this title.

`(2) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283).

`(c) Nothing in this section shall be construed to permit the prosecution--

`(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;

`(2) of any person for any medical treatment of the pregnant woman or her unborn child; or

`(3) of any woman with respect to her unborn child.

`(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

`Sec. 172. Partial-birth abortions prohibited

`(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

`(b) As used in this section--

`(1) the term `partial-birth abortion' means an abortion in which the person performing the abortion--

`(A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and

`(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus; and

`(2) the term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.

`(c)(1) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

`(2) Such relief shall include--

`(A) money damages for all injuries, psychological and physical, occasioned by the violation of this section; and

`(B) statutory damages equal to three times the cost of the partial-birth abortion.

`(d)(1) A defendant accused of an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

`(2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

`(e) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 based on a violation of this section.

`CHAPTER 13--SEX CRIMES

`Subchapter

--Sec.

201

211

221

241

255

`SUBCHAPTER B--SEXUAL ABUSE

`Sec.

`201. Sexual abuse.

`202. Abusive sexual contact.

`203. Special rules and defenses.

`204. Sexual abuse resulting in death.

`205. Definitions for subchapter.

`Sec. 201. Sexual abuse

`(a) Elements of Offense- As made applicable and punished in subsection (b), the following offenses have the following elements:

`(1) AGGRAVATED SEXUAL ABUSE- Whoever--

`(A) knowingly causes another person to engage in a sexual act--

`(i) by using force against that other person; or

`(ii) by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, substantial risk of unconsciousness, or kidnapping;

`(B) knowingly--

`(i) renders another person unconscious and thereby engages in a sexual act with that other person; or

`(ii) administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby--

`(I) substantially impairs the ability of that other person to appraise or control conduct; and

`(II) engages in a sexual act with that other person; or

`(C) knowingly engages in a sexual act with another person--

`(i) who has not attained the age of 12 years; or

`(ii) who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging);

is guilty of aggravated sexual abuse.

`(2) SEXUAL ABUSE- Whoever knowingly--

`(A) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, substantial risk of unconsciousness, or kidnapping); or

`(B) engages in a sexual act with another person if that other person is--

`(i) incapable of appraising the nature of the conduct; or

`(ii) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;

is guilty of sexual abuse.

`(3) SEXUAL ABUSE OF A WARD- Whoever knowingly engages in a sexual act with another person who is--

`(A) in official detention; and

`(B) under the custodial, supervisory, or disciplinary authority of the person so engaging;

is guilty of sexual abuse of a ward.

`(b) Penalties and Circumstances for Federal Offense-

`(1) PENALTIES-

`(A) AGGRAVATED SEXUAL ABUSE- Whoever commits aggravated sexual abuse in a place described in paragraph (2) shall be imprisoned for any term of years or for life.

`(B) SEXUAL ABUSE- Whoever commits sexual abuse in a place described in paragraph (2) shall be imprisoned not more than 20 years.

`(C) SEXUAL ABUSE OF A WARD- Whoever commits sexual abuse of a ward in a place described in paragraph (2) shall be imprisoned not more than 5 years.

`(2) CIRCUMSTANCES- The places referred to in paragraph (1) are--

`(A) the special maritime and territorial jurisdiction of the United States; or

`(B) a Federal prison or any prison institution or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the Attorney General.

`Sec. 202. Abusive sexual contact

`(a) Sexual Contact in Circumstances Where Sexual Acts Are Punishable- Whoever engages in sexual contact with another person--

`(1) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(1), shall be imprisoned not more than 10 years;

`(2) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(2), shall be imprisoned not more than 3 years; and

`(3) under circumstances in which, if the sexual contact had been a sexual act, the sexual contact would be punishable under section 201(b)(3), shall be imprisoned not more than 2 years.

`(b) Enhanced Penalty Where Contact Is With a Child Under 12 Years of Age- If the sexual contact that violates this section is with an individual who has not attained the age of 12 years, the maximum term of imprisonment that may be imposed for the offense is twice that otherwise provided in this section.

`Sec. 203. Special rules and defenses

`(a) PROOF OF STATE OF MIND AS TO AGE- In a prosecution under this subchapter involving a sexual act or sexual contact with a child, the Government need not prove that the defendant knew the age of the child or that any age difference required for the offense did not exist.

`(b) DEFENSES-

`(1) SEXUAL ABUSE OR SEXUAL CONTACT INVOLVING A CHILD- It is a affirmative defense to a prosecution under this subchapter for an offense involving a child where an element of the offense is that the child not be 16 years of age or older that the defendant reasonably believed the child to be 16 years of age or older.

`(2) MARRIAGE IN CERTAIN CASES- It is an affirmative defense to prosecution for an offense under this subchapter involving a sexual act or sexual contact with a ward, that the ward was married to the person engaging in the sexual act or contact at the time of the alleged offense.

`Sec. 204. Sexual abuse resulting in death

`Whoever, in the course of an offense under this subchapter, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

`Sec. 205. Definitions for subchapter

`As used in this subchapter--

`(1) the term `sexual act' means--

`(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;

`(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;

`(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or

`(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

`(2) the term `sexual contact' means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

`(3) the term `official detention' means--

`(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following civil commitment in lieu of criminal proceedings or pending resumption of criminal proceedings that are being held in abeyance, or pending extradition, deportation, or exclusion; or

`(B) custody by a Federal officer or employee, or under the direction of a Federal officer or employee, for purposes incident to any detention described in subparagraph (A) of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation;

but does not include supervision or other control (other than custody during specified hours or days) after release on bail, probation, or parole, or after release following a finding of juvenile delinquency.

`SUBCHAPTER B--TRANSPORT FOR ILLEGAL SEXUAL ACTIVITY

`Sec.

`211. Transportation generally.

`212. Coercion and enticement.

`213. Transportation of children.

`214. Use of interstate facilities to transmit information about a child.

`Sec. 211. Transportation generally

`Whoever knowingly transports an individual in interstate or foreign commerce, or in any territory or possession of the United States, with intent that such individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 10 years.

`Sec. 212. Coercion and enticement

`(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 20 years.

`(b) Whoever, using any facility of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any child to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not less than 5 years and not more than 30 years.

`Sec. 213. Transportation of children

`(a) Transportation With Intent To Engage in Criminal Sexual Activity- Whoever transports a child in interstate or foreign commerce, or in any territory or possession of the United States, with intent that the child engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall be imprisoned not less than 5 years and not more than 30 years.

`(b) Travel With Intent To Engage in Illicit Sexual Conduct- Whoever travels in interstate commerce or travels into the United States, or, being a United States citizen or an alien admitted for permanent residence in the United States, travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct shall be imprisoned not more than 30 years.

`(c) Engaging in Illicit Sexual Conduct in Foreign Places- Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct shall be imprisoned not more than 30 years.

`(d) Ancillary Offenses- Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be imprisoned not more than 30 years.

`(e) Attempt and Conspiracy- Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection.

`(f) Definition- As used in this section, the term `illicit sexual conduct' means--

`(1) a sexual act (as defined in section 205) with a child that would be in violation of subchapter A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States;

`(2) any commercial sex act (as defined in section 1265) with a child; or

`(3) the production of child pornography, as defined in section 229.

`(g) Defense- In a prosecution under this section based on illicit sexual conduct as defined in subsection (f)(2), it is an affirmative defense that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.

`Sec. 214. Use of interstate facilities to transmit information about a child

`Whoever, using a facility of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly transmits of the name, address, telephone number, social security number, or electronic mail address of another individual, knowing that such other individual has not attained the age of 16 years, with the intent to entice, encourage, offer, or solicit any person to engage in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be imprisoned not more than 5 years.

`SUBCHAPTER C--SEXUAL EXPLOITATION OF CHILDREN

`Sec.

`221. Sexual exploitation of children.

`222. Selling or buying of children.

`223. Certain activities relating to material involving the sexual exploitation of children and child pornography.

`224. Misleading domain names on the Internet.

`225. Definitions for subchapter.

`226. Record keeping requirements.

`227. Failure to report child abuse.

`Sec. 221. Sexual exploitation of children

`(a) OFFENSE- Whoever, as made applicable in subsection (b)--

`(1) either--

`(A) employs, uses, persuades, induces, entices, or coerces any child to engage in, or who has a child assist any other person to engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct; or

`(B) transports any child in interstate or foreign commerce, or in any territory or possession of the United States, with the intent that such child engage in such conduct for such purpose; or

`(2) being a parent, legal guardian, or person having custody or control of a child knowingly permits such child 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 attempts or conspires to do so shall be punished as provided under subsection (e).

`(b) APPLICABILITY- Subsection (a) applies if--

`(1) the person engaging in that conduct knows or has reason to know that such visual depiction will be transported in or affecting interstate or foreign commerce;

`(2) such visual depiction was produced using materials that have been transported in or affecting interstate or foreign commerce; or

`(3) such visual depiction has actually been transported in or affecting interstate or foreign commerce.

`(c) EXTRATERRITORIAL JURISDICTION- There is extraterritorial jurisdiction over an offense under subsection (a)(1) if the offender--

`(1) intends such visual depiction to be transported to the United States; or

`(2) transports such visual depiction to the United States.

`(d) ADVERTISEMENTS- (1) Whoever, as made applicable by paragraph (2), knowingly makes, prints, or publishes, or causes to be made, printed, or published, any notice or advertisement seeking or offering--

`(A) to receive, exchange, buy, produce, display, distribute, or reproduce, any visual depiction, if the production of such visual depiction involves the use of a child engaging in sexually explicit conduct and such visual depiction is of such conduct; or

`(B) participation in any act of sexually explicit conduct by or with any child for the purpose of producing a visual depiction of such conduct;

shall be punished as provided under subsection (e).

`(2) Paragraph (1) applies if--

`(A) such person knows or has reason to know that such notice or advertisement will be transported in or affecting interstate or foreign commerce; or

`(B) such notice or advertisement is transported in or affecting interstate or foreign commerce.

`(e) PUNISHMENT- Whoever violates, or attempts or conspires to violate, this section shall be imprisoned not less than 15 years nor more than 30 years, but if such person has one prior conviction under this subchapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be imprisoned for not less than 25 years nor more than 50 years, but if such person has 2 or more such prior convictions, such person shall be imprisoned not less than 35 years nor more than life. Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for any term of years or for life.

`Sec. 222. Selling or buying of children

`(a) TRANSFER OF CUSTODY- Whoever, as made applicable by subsection (d) and with a mental state described in subsection (c) having custody or control of a child, transfers that custody or control, or offers to do so, shall be punished by imprisonment for not less than 30 years or for life.

`(b) OBTAINING CUSTODY- Whoever, as made applicable by subsection (d) and with a mental state described in subsection (c), obtains custody or control of a child, or offers to do so, shall be punished by imprisonment for not less than 30 years or for life.

`(c) MENTAL STATE- The mental state referred to in subsections (a) and (b) is--

`(1) knowledge that, as a consequence of the transfer of custody, the child will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or

`(2) intent to promote either--

`(A) the engaging in of sexually explicit conduct by such child for the purpose of producing any visual depiction of such conduct; or

`(B) the rendering of assistance by the child to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

`(d) FEDERAL NEXUS- Conduct described in subsection (a) and (b) is an offense if--

`(1) in the course of the conduct the child or the person engaging in the conduct travel in interstate or foreign commerce;

`(2) any offer described in such subsections was communicated or transported in or affecting interstate or foreign commerce; or

`(3) the conduct took place in any territory or possession of the United States.

`Sec. 223. Certain activities relating to material involving the sexual exploitation of children and child pornography

`(a) Offense- Whoever, as made applicable by subsection (b)--

`(1) knowingly--

`(A) transports an exploitative visual depiction or child pornography;

`(B) receives, or distributes, any exploitative visual depiction or child pornography; or

`(C) reproduces any exploitative visual depiction or child pornography for distribution;

`(2) knowingly--

`(A) sells or possesses with intent to sell any exploitative visual depiction or child pornography; or

`(B) knowingly possesses an exploitative visual depiction or child pornography;

`(3) advertises, promotes, presents, distributes, or solicits any material or purported material in a manner that reflects the belief, or that is intended to cause another to believe, that the material or purported material contains an exploitative visual depiction or child pornography;

or attempts or conspires to do so shall be punished as provided in subsection (c).

`(b) APPLICABILITY- Subsection (a) applies if--

`(1) the conduct occurs in the special maritime and territorial jurisdiction of the United States, or in the Indian country as defined in section 871 of this title; or

`(2) the exploitative visual depiction or child pornography is transported in or affecting interstate or foreign commerce, or was produced using materials which have been so transported.

`(c) PUNISHMENT- The punishment for a violation of this section is as follows:

`(1) Whoever violates paragraph (1) or (2)(A) of subsection (a) shall be imprisoned not less than 5 years and not more than 20 years, but if such person has a prior conviction under this chapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a child or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be imprisoned for not less than 15 years nor more than 40 years.

`(2) Whoever violates, or attempts or conspires to violate, paragraph (2)(B) of subsection (a) shall be imprisoned not more than 10 years, or both, but if such person has a prior conviction under this subchapter, subchapter F of chapter 35, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a child or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be imprisoned for not less than 10 years nor more than 20 years.

`(d) Affirmative Defense- It is an affirmative defense to a charge of violating paragraph (2)(B) of subsection (a) that the defendant--

`(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and

`(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof--

`(A) took reasonable steps to destroy each such visual depiction; or

`(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.

`(e) Admissibility of Evidence- On motion of the government, in any prosecution under this subchapter or section 1444, except for good cause shown, the name, address, social security number, or other nonphysical identifying information, other than the age or approximate age, of any child who is depicted in any child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual child.

`(f) EXPLOITATIVE VISUAL DEPICTION DEFINED- In this section, a visual depiction is an exploitative visual depiction if--

`(1) the producing of such visual depiction involves the use of a child engaging in sexually explicit conduct; and

`(2) such visual depiction is of such conduct.

`Sec. 224. Misleading domain names on the Internet

`(a) OBSCENITY- Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be imprisoned not more than 2 years.

`(b) MATERIAL HARMFUL TO CHILDREN- Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a child into viewing material that is harmful to Children on the Internet shall be imprisoned not more than 4 years.

`(c) DEFINITION- For the purposes of this section--

`(1) a domain name that includes a word or words to indicate the sexual content of the site, such as `sex' or `porn', is not misleading;

`(2) the term `material that is harmful to children' means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context--

`(A) predominantly appeals to a prurient interest of children;

`(B) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and

`(C) lacks serious literary, artistic, political, or scientific value for children; and

`(3) as used in this subsection, the term `sex' means acts of masturbation, sexual intercourse, or physical contact with a person's genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.

`Sec. 225. Definitions for subchapter

`In this subchapter the following definitions apply:

`(1)(A) Except as provided in subparagraph (B), the term `sexually explicit conduct' means actual or simulated--

`(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

`(ii) bestiality;

`(iii) masturbation;

`(iv) sadistic or masochistic abuse; or

`(v) lascivious exhibition of the genitals or pubic area of any person.

`(B) For purposes of paragraph 5(B), the term `sexually explicit conduct' means--

`(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;

`(ii) graphic or lascivious simulated--

`(I) bestiality;

`(II) masturbation; or

`(III) sadistic or masochistic abuse; or

`(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person.

`(2) The term `producing' means producing, directing, manufacturing, issuing, publishing, or advertising.

`(3) The term `visual depiction' includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image.

`(4) The term`custody or control' includes temporary supervision over or responsibility for a child whether legally or illegally obtained.

`(5) The term `child pornography' means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where--

`(A) the production of such visual depiction involves the use of a child engaging in sexually explicit conduct;

`(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a child engaging in sexually explicit conduct; or

`(C) such visual depiction has been created, adapted, or modified to appear that an identifiable child is engaging in sexually explicit conduct.

`(6) The term `identifiable child'--

`(A) means a person--

`(i)(I) who was a child at the time the visual depiction was created, adapted, or modified; or

`(II) whose image as a child was used in creating, adapting, or modifying the visual depiction; and

`(ii) who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature; and

`(B) shall not be construed to require proof of the actual identity of the identifiable child.

`(7) The term `graphic', when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.

`(8) The term `indistinguishable' used with respect to a depiction, means virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual child engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults.

`Sec. 226. Record keeping requirements

`(a) DUTY TO KEEP RECORDS- Whoever produces any book, magazine, periodical, film, videotape, or other matter which--

`(1) contains one or more visual depictions made after November 1, 1990 of actual sexually explicit conduct; and

`(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.

`(b) DUTY TO ASCERTAIN CERTAIN INFORMATION- Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of actual sexually explicit conduct--

`(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;

`(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and

`(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) of this subsection and such other identifying information as may be prescribed by regulation.

`(c) WHERE RECORDS MAINTAINED AND AVAILABILITY FOR INSPECTION- Any person to whom subsection (a) applies shall maintain the records required by this section at his business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.

`(d) EXCLUSION OF EVIDENCE-

`(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law.

`(2) Paragraph (1) of this subsection does not preclude the use of such information or evidence in a prosecution or other action for a violation of this subchapter or subchapter F of chapter 35, or for a violation of any applicable provision of law with respect to the furnishing of false information.

`(e) STATEMENT-

`(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in paragraph (1) of subsection (a) of this section, in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located.

`(2) If the person to whom subsection (a) of this section applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section.

`(f) UNLAWFUL ACTS- It shall be unlawful--

`(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section;

`(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) of this section or any regulation promulgated under this section;

`(3) for any person to whom subsection (a) applies knowingly to fail to comply with subsection (e) or any regulation promulgated pursuant to that subsection; and

`(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produce in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, which--

`(A) contains one or more visual depictions made after the made after November 1, 1990 of actual sexually explicit conduct; and

`(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce;

which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept.

`(g) REGULATIONS- The Attorney General shall issue appropriate regulations to carry out this section.

`(h) DEFINITIONS- As used in this section--

`(1) the term `actual sexually explicit conduct' means actual but not simulated conduct as defined in subparagraphs (A) through (D) of paragraph (2) of section 229 of this title;

`(2) `identification document' has the meaning given that term in section 783;

`(3) the term `produces' means to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted; and

`(4) the term `performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.

`(i) PENALTY FOR ANY VIOLATION OF THIS SECTION- Whoever violates this section shall be imprisoned for not more than 5 years. Whoever violates this section after having been convicted of a violation punishable under this section shall be imprisoned for any period of years not more than 10 years but not less than 2 years.

`Sec. 227. Failure to report child abuse

`Whoever, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be imprisoned not more than 6 months.

`SUBCHAPTER D--SEX OFFENDER REGISTRY

`Sec.

`241. Failure to register.

`Sec. 241. Failure to register

`(a) In General- Whoever--

`(1) is required to register under the Sex Offender Registration and Notification Act;

`(2)(A) is a sex offender as defined for the purposes of the Sex Offender Registration and Notification Act by reason of a conviction under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States; or

`(B) travels in interstate or foreign commerce, or enters or leaves, or resides in, Indian country; and

`(3) knowingly fails to register or update a registration as required by the Sex Offender Registration and Notification Act;

shall be fined under this title or imprisoned not more than 10 years, or both.

`(b) Affirmative Defense- In a prosecution for a violation under subsection (a), it is an affirmative defense that--

`(1) uncontrollable circumstances prevented the individual from complying;

`(2) the individual did not contribute to the creation of such circumstances in reckless disregard of the requirement to comply; and

`(3) the individual complied as soon as such circumstances ceased to exist.

`(c) Crime of Violence-

`(1) IN GENERAL- An individual described in subsection (a) who commits a crime of violence under Federal law (including the Uniform Code of Military Justice), the law of the District of Columbia, Indian tribal law, or the law of any territory or possession of the United States shall be imprisoned for not less than 5 years and not more than 30 years.

`(2) ADDITIONAL PUNISHMENT- The punishment provided in paragraph (1) shall be in addition and consecutive to the punishment provided for the violation described in subsection (a).

`SUBCHAPTER E--GENERAL PROVISIONS AND DEFINITIONS

`Sec.

`255. Repeat offenders.