PUBLIC LAW 112–206—DEC. 7, 2012 

CHILD PROTECTION ACT OF 2012 


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126 STAT. 1490 PUBLIC LAW 112–206—DEC. 7, 2012 

Public Law 112–206 

112th Congress 

An Act 

To amend title 18, United States Code, with respect to child pornography and 

child exploitation offenses. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Child Protection Act of 2012’’. 

SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY. 

(a) CERTAIN ACTIVITIES RELATING TO MATERIAL INVOLVING THE

SEXUAL EXPLOITATION OF MINORS.—Section 2252(b)(2) of title 18, 

United States Code, is amended by inserting after ‘‘but if’’ the 

following: ‘‘any visual depiction involved in the offense involved 

a prepubescent minor or a minor who had not attained 12 years 

of age, such person shall be fined under this title and imprisoned 

for not more than 20 years, or if’’. 

(b) CERTAIN ACTIVITIES RELATING TO MATERIAL CONSTITUTING

OR CONTAINING CHILD PORNOGRAPHY.—Section 2252A(b)(2) of title 

18, United States Code, is amended by inserting after ‘‘but, if’’ 

the following: ‘‘any image of child pornography involved in the 

offense involved a prepubescent minor or a minor who had not 

attained 12 years of age, such person shall be fined under this 

title and imprisoned for not more than 20 years, or if’’. 

SEC. 3. PROTECTION OF CHILD WITNESSES. 

(a) CIVIL ACTION TO RESTRAIN HARASSMENT OF A VICTIM OR

WITNESS.—Section 1514 of title 18, United States Code, is 

amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘or its own motion,’’ after ‘‘attorney 

for the Government,’’; and 

(ii) by inserting ‘‘or investigation’’ after ‘‘Federal 

criminal case’’ each place it appears; 

(B) by redesignating paragraphs (2), (3), and (4) as 

paragraphs (3), (4), and (5), respectively; 

(C) by inserting after paragraph (1) the following: 

‘‘(2) In the case of a minor witness or victim, the court 

shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence 

that the conduct at issue is reasonably likely to adversely 

affect the willingness of the minor witness or victim to testify 

Courts. 

Protective order. 

Child Protection 

Act of 2012. 

18 USC 1 note. 

Dec. 7, 2012 

[H.R. 6063] 


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PUBLIC LAW 112–206—DEC. 7, 2012 126 STAT. 1491 

or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this 

paragraph shall be conducted in accordance with paragraphs 

(1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied 

for or issued, the court shall hold a hearing not later than 

14 days after the date such order was applied for or is issued.’’; 

(D) in paragraph (4), as so redesignated, by striking 

‘‘(and not by reference to the complaint or other document)’’; 

and 

(E) in paragraph (5), as so redesignated, in the second 

sentence, by inserting before the period at the end the 

following: ‘‘, except that in the case of a minor victim 

or witness, the court may order that such protective order 

expires on the later of 3 years after the date of issuance 

or the date of the eighteenth birthday of that minor victim 

or witness’’; and 

(2) by striking subsection (c) and inserting the following: 

‘‘(c) Whoever knowingly and intentionally violates or attempts 

to violate an order issued under this section shall be fined under 

this title, imprisoned not more than 5 years, or both. 

‘‘(d)(1) As used in this section— 

‘‘(A) the term ‘course of conduct’ means a series of acts 

over a period of time, however short, indicating a continuity 

of purpose; 

‘‘(B) the term ‘harassment’ means a serious act or course 

of conduct directed at a specific person that— 

‘‘(i) causes substantial emotional distress in such person; and 

‘‘(ii) serves no legitimate purpose; 

‘‘(C) the term ‘immediate family member’ has the meaning 

given that term in section 115 and includes grandchildren; 

‘‘(D) the term ‘intimidation’ means a serious act or course 

of conduct directed at a specific person that— 

‘‘(i) causes fear or apprehension in such person; and 

‘‘(ii) serves no legitimate purpose; 

‘‘(E) the term ‘restricted personal information’ has the 

meaning give that term in section 119; 

‘‘(F) the term ‘serious act’ means a single act of threatening, 

retaliatory, harassing, or violent conduct that is reasonably 

likely to influence the willingness of a victim or witness to 

testify or participate in a Federal criminal case or investigation; 

and 

‘‘(G) the term ‘specific person’ means a victim or witness 

in a Federal criminal case or investigation, and includes an 

immediate family member of such a victim or witness. 

‘‘(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, 

that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific 

person serves no legitimate purpose, unless that use is authorized 

by that specific person, is for news reporting purposes, is designed 

to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized 

effort to locate a fugitive or person of interest in a criminal, 

antiterrorism, or national security investigation.’’. 

Courts. 

Definitions. 

Penalties. 

Hearings. 

Deadline. 


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126 STAT. 1492 PUBLIC LAW 112–206—DEC. 7, 2012 

(b) SENTENCING GUIDELINES.—Pursuant to its authority under 

section 994 of title 28, United States Code, and in accordance 

with this section, the United States Sentencing Commission shall 

review and, if appropriate, amend the Federal sentencing guidelines 

and policy statements to ensure— 

(1) that the guidelines provide an additional penalty 

increase above the sentence otherwise applicable in Part J 

of Chapter 2 of the Guidelines Manual if the defendant was 

convicted of a violation of section 1591 of title 18, United 

States Code, or chapters 109A, 109B, 110, or 117 of title 18, 

United States Code; and 

(2) if the offense described in paragraph (1) involved 

causing or threatening to cause physical injury to a person 

under 18 years of age, in order to obstruct the administration 

of justice, an additional penalty increase above the sentence 

otherwise applicable in Part J of Chapter 2 of the Guidelines 

Manual. 

SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX 

OFFENDERS. 

(a) ADMINISTRATIVE SUBPOENAS.— 

(1) IN GENERAL.—Section 3486(a)(1) of title 18, United 

States Code, is amended— 

(A) in subparagraph (A)— 

(i) in clause (i), by striking ‘‘or’’ at the end; 

(ii) by redesignating clause (ii) as clause (iii); and 

(iii) by inserting after clause (i) the following: 

‘‘(ii) an unregistered sex offender conducted by the United 

States Marshals Service, the Director of the United States 

Marshals Service; or’’; and 

(B) in subparagraph (D)— 

(i) by striking ‘‘paragraph, the term’’ and inserting 

the following: ‘‘paragraph— 

‘‘(i) the term’’; 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(ii) the term ‘sex offender’ means an individual required 

to register under the Sex Offender Registration and Notification 

Act (42 U.S.C. 16901 et seq.).’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 

3486(a) of title 18, United States Code, is amended— 

(A) in paragraph (6)(A), by striking ‘‘United State’’ 

and inserting ‘‘United States’’; 

(B) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ and 

inserting ‘‘(1)(A)(iii)’’; and 

(C) in paragraph (10), by striking ‘‘paragraph (1)(A)(ii)’’ 

and inserting ‘‘paragraph (1)(A)(iii)’’. 

(b) JUDICIAL SUBPOENAS.—Section 566(e)(1) of title 28, United 

States Code, is amended— 

(1) in subparagraph (A), by striking ‘‘and’’ at the end; 

(2) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(C) issue administrative subpoenas in accordance with 

section 3486 of title 18, solely for the purpose of investigating 

unregistered sex offenders (as defined in such section 3486).’’. 

Review. 

28 USC 994 note. 


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PUBLIC LAW 112–206—DEC. 7, 2012 126 STAT. 1493 

SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES 

FOR ICAC TASK FORCES. 

Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 

(42 U.S.C. 17612(b)(4)(B)) is amended by striking ‘‘$2,000,000’’ and 

inserting ‘‘$4,000,000’’. 

SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION. 

Section 101(d)(1) of the PROTECT Our Children Act of 2008 

(42 U.S.C. 17611(d)(1)) is amended— 

(1) by striking ‘‘to be responsible’’ and inserting the following: ‘‘with experience in investigating or prosecuting child 

exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible’’; 

and 

(2) by adding at the end the following: ‘‘The National 

Coordinator for Child Exploitation Prevention and Interdiction 

shall be a position in the Senior Executive Service.’’. 

SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES. 

Section 107(a) of the PROTECT Our Children Act of 2008 

(42 U.S.C. 17617(a)) is amended— 

(1) in paragraph (4), by striking ‘‘and’’; 

(2) in paragraph (5), by striking the period at the end; 

and 

(3) by inserting after paragraph (5) the following: 

‘‘(6) $60,000,000 for fiscal year 2014; 

‘‘(7) $60,000,000 for fiscal year 2015; 

‘‘(8) $60,000,000 for fiscal year 2016; 

‘‘(9) $60,000,000 for fiscal year 2017; and 

‘‘(10) $60,000,000 for fiscal year 2018.’’. 

SEC. 8. CLARIFICATION OF ‘‘HIGH-PRIORITY SUSPECT’’. 

Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 

2008 (42 U.S.C. 17615(e)(1)(B)(i)) is amended by striking ‘‘the 

volume’’ and all that follows through ‘‘or other’’. 

SEC. 9. REPORT TO CONGRESS. 

Not later than 90 days after the date of enactment of this 

Act, the Attorney General shall submit to the Committee on the 

Judiciary of the House of Representatives and the Committee on 

the Judiciary of the Senate a report on the status of the Attorney 

General’s establishment of the National Internet Crimes Against 


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126 STAT. 1494 PUBLIC LAW 112–206—DEC. 7, 2012 

LEGISLATIVE HISTORY—H.R. 6063: 

HOUSE REPORTS: No. 112–638 (Comm. on the Judiciary). 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

July 31, Aug. 1, considered and passed House. 

Nov. 26, considered and passed Senate. 

Æ 

Children Data System required to be established under section 

105 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17615). 

Approved December 7, 2012. 


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