Child Sexual Abuse Prevention Act of 1994

Summary: Child Sexual Abuse Prevention Act of 1994 - Amends the Federal criminal code to prohibit, and establish penalties for:  (1) employing or inducing a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that such depiction will be imported into the United States or into waters within 12 miles of the coast of the United States; and (2) knowingly receiving, transporting, distributing, selling, or possessing with intent to transport, sell, or distribute such depiction, with such intent. 
Repeals the caps on fines for sexual exploitation of children. 
Subjects individuals who violate prohibitions against sexual exploitation of children (as under current law) or sexual abuse to a fine or imprisonment for up to ten years, or both, and a fine or from five to 15 years, or both, if such individual has a prior conviction of sexual abuse.  Sets forth:  (1) analogous provisions with respect to certain activities relating to material involving the sexual exploitation of children (as under current law) or sexual exploitation of minors; and (2) penalties for conspiring and attempting to violate such provisions. 
Makes violation of this Act a predicate offense to a violation of the Racketeer Influenced and Corrupt Organizations statute. 
Sets  penalties for travel in interstate commerce with intent to engage in a sexual act with a person under age 18. 
Expresses the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and the forfeiture of assets used in the commission or support of, or gained from, such offenses.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Sexual Abuse Prevention Act of 
1994''.

SEC. 2. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.

    (a) Import Related Offense.--Chapter 110 of title 18, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2259. Production of sexually explicit depictions of a minor for 
              importation into the United States
    ``(a) Use of Minor.--A person who, outside the United States, 
employs, uses, persuades, induces, entices, or coerces any minor to 
engage in, or who has a minor assist any other person to engage in, or 
who transports any minor with the intent that the minor engage in any 
sexually explicit conduct for the purpose of producing any visual 
depiction of such conduct, intending that the visual depiction will be 
imported into the United States or into waters within 12 miles of the 
coast of the United States, shall be punished as provided in subsection 
(c).
    ``(b) Use of Visual Depiction.--A person who, outside the United 
States, knowingly receives, transports, ships, distributes, sells, or 
possesses with intent to transport, ship, sell, or distribute any 
visual depiction of a minor engaging in sexually explicit conduct (if 
the production of the visual depiction involved the use of a minor 
engaging in sexually explicit conduct), intending that the visual 
depiction will be imported into the United States or into waters within 
a distance of 12 miles of the coast of the United States, shall be 
punished as provided in subsection (c).
    ``(c) Penalties.--A person who violates subsection (a) or (b), or 
conspires or attempts to do so--
            ``(1) shall be fined under this title, imprisoned not more 
        than 10 years, or both; and
            ``(2) if the person has a prior conviction under this 
        chapter or chapter 109A, shall be fined under this title, 
        imprisoned not more than 20 years, or both.''.
    (b) Technical Amendment.--
            (1) Chapter analysis.--The table of sections at the 
        beginning of chapter 110 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``2259. Production of sexually explicit depictions of a minor for 
                            importation into the United States.''.
            (2) Fine provisions.--Section 2251(d) of title 18, United 
        States Code, is amended--
                    (A) by striking ``not more than $100,000, or'' and 
                inserting ``under this title,'';
                    (B) by striking ``not more than $200,000, or'' and 
                inserting ``under this title,''; and
                    (C) by striking ``not more than $250,000'' and 
                inserting ``under this title''.
    (c) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18, 
United States Code, is amended by striking ``this section'' the second 
place it appears and inserting ``this chapter or chapter 109A''.
    (d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title 
18, United States Code, is amended by striking ``this section'' and 
inserting ``this chapter or chapter 109A''.
    (e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title 
18, United States Code, are each amended by inserting ``, or attempts 
or conspires to violate,'' after ``violates'' each place it appears.
    (f) RICO Amendment.--Section 1961(l) of title 18, United States 
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252, 
and 2259''.
    (g) Transportation of Minors.--Chapter 117 of title 18, United 
States Code, is amended--
            (1) by adding at the end the following new section:
``Sec. 2425. Travel with intent to engage in a sexual act with a 
              juvenile
    ``A person who travels in interstate commerce, or conspires to do 
so, or a United States citizen or an alien admitted for permanent 
residence in the United States who travels in foreign commerce, or 
conspires to do so, for the purpose of engaging in any sexual act (as 
defined in section 2245) with a person under 18 years of age that would 
be in violation of chapter 109A if the sexual act occurred in the 
special maritime and territorial jurisdiction of the United States 
shall be fined under this title, imprisoned not more than 10 years, or 
both.''; and
            (2) in the table of sections at the beginning, by adding at 
        the end the following new item:

``2425. Travel with intent to engage in a sexual act with a 
                            juvenile.''.

SEC. 3. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD 
              PORNOGRAPHY.

    It is the sense of the Congress that each State that has not yet 
done so should enact legislation prohibiting the production, 
distribution, receipt, or simple possession of materials depicting a 
person under 18 years of age engaging in sexually explicit conduct (as 
defined in section 2256 of title 18, United States Code) and providing 
for a maximum imprisonment of at least 1 year and for the forfeiture of 
assets used in the commission or support of, or gained from, such 
offenses.