II 

112TH CONGRESS 

1ST SESSION S. 1308 

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

and child exploitation offenses. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2011 

Mr. HATCH (for himself, Ms. KLOBUCHAR, and Mr. RUBIO) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, with respect to 

child pornography and child exploitation offenses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Children 

5 From Internet Pornographers Act of 2011’’. 

6 SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD 

7 PORNOGRAPHY. 

8 (a) OFFENSE.—Chapter 95 of title 18, United States 

9 Code, is amended by adding at the end the following: 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 1308 IS

1 ‘‘§ 1960A. Financial facilitation of access to child por2 nography 

3 ‘‘(a) OFFENSE.—Whoever knowingly conducts, or at4 tempts or conspires to conduct, a financial transaction (as 

5 defined in section 1956(c)) in or affecting interstate or 

6 foreign commerce, knowing that such transaction will fa7 cilitate access to, or the possession of, child pornography 

8 (as defined in section 2256) shall be fined under this title 

9 or imprisoned not more than 20 years, or both. 

10 ‘‘(b) APPLICABILITY OF SECTION.—This section shall 

11 not apply to a financial transaction conducted by a person 

12 in cooperation with, or with the consent of, any Federal, 

13 State, or local law enforcement agency.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 95 of title 18, United States 

16 Code, is amended by adding at the end the following new 

17 item: 

‘‘1960A. Financial facilitation of access to child pornography.’’. 

18 SEC. 3. MONEY LAUNDERING PREDICATE. 

19 Section 1956(c)(7)(D) of title 18, United States 

20 Code, is amended— 

21 (1) by inserting ‘‘1466A (relating to obscene 

22 visual representation of the abuse of children),’’ be23 fore ‘‘section 1708’’; 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•S 1308 IS

1 (2) by inserting ‘‘1960A (relating to financial 

2 facilitation of access to child pornography),’’ before 

3 ‘‘section 2113’’; and 

4 (3) by inserting ‘‘2260A (relating to increased 

5 penalties for registered sex offenders),’’ before ‘‘sec6 tion 2280’’. 

7 SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC 

8 COMMUNICATION SERVICE PROVIDERS. 

9 (a) IN GENERAL.—Section 2703 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘(h) RETENTION OF CERTAIN RECORDS.—A pro13 vider of an electronic communication service or remote 

14 computing service shall retain for a period of at least 18 

15 months a log of the temporarily assigned network address16 es that the service provider assigns to each subscriber ac17 count, unless that address is transmitted by radio commu18 nication (as defined in section 3 of the Communications 

19 Act of 1934).’’. 

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that records retained pursuant to section 2703(h) 

22 of title 18, United States Code, should be stored securely 

23 to protect customer privacy and prevent against breaches 

24 of the records. 


rfrederick on DSKD9S0YB1PROD with BILLS
4 

•S 1308 IS

1 SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DIS2 CLOSING INFORMATION UNDER THIS CHAP3 TER. 

4 Section 2703(e) of title 18, United States Code, is 

5 amended by inserting ‘‘retaining records or’’ after ‘‘other 

6 specified persons for’’. 

7 SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT. 

8 Section 2707(e)(1) of title 18, United States Code, 

9 is amended by inserting ‘‘, or the requirement to retain 

10 records under section 2703(h),’’ after ‘‘section 2703(f)’’. 

11 SEC. 7. SUBPOENA AUTHORITY. 

12 Section 566(e)(1) of title 28, United States Code, is 

13 amended— 

14 (1) in subparagraph (A), by striking ‘‘and’’ at 

15 the end; 

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

17 at the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(C) issue administrative subpoenas in accord20 ance with section 3486 of title 18, solely for the pur21 pose of investigating unregistered sex offenders (as 

22 defined in such section 3486).’’. 

23 SEC. 8. PROTECTION OF CHILD WITNESSES. 

24 Section 1514 of title 18, United States Code, is 

25 amended— 

26 (1) in subsection (b)— 


rfrederick on DSKD9S0YB1PROD with BILLS
5 

•S 1308 IS

1 (A) in paragraph (1)— 

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

3 after ‘‘attorney for the Government,’’; and 

4 (ii) by inserting ‘‘or investigation’’ 

5 after ‘‘Federal criminal case’’ each place it 

6 appears; 

7 (B) by redesignating paragraphs (2), (3), 

8 and (4) as paragraphs (3), (4), and (5), respec9 tively; 

10 (C) by inserting after paragraph (1) the 

11 following: 

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

13 court shall issue a protective order prohibiting harassment 

14 or intimidation of the minor victim or witness if the court 

15 finds evidence that the conduct at issue is reasonably like16 ly to adversely affect the willingness of the minor witness 

17 or victim to testify or otherwise participate in the Federal 

18 criminal case or investigation. Any hearing regarding a 

19 protective order under this paragraph shall be conducted 

20 in accordance with paragraphs (1) and (3), except that 

21 the court may issue an ex parte emergency protective 

22 order in advance of a hearing if exigent circumstances are 

23 present. If such an ex parte order is applied for or issued, 

24 the court shall hold a hearing not later than 14 days after 

25 the date such order was applied for or is issued.’’; 


rfrederick on DSKD9S0YB1PROD with BILLS
6 

•S 1308 IS

1 (D) in paragraph (4), as so redesignated, 

2 by striking ‘‘(and not by reference to the com3 plaint or other document)’’; and 

4 (E) in paragraph (5), as so redesignated, 

5 in the second sentence, by inserting before the 

6 period at the end the following: ‘‘, except that 

7 in the case of a minor victim or witness, the 

8 court may order that such protective order ex9 pires on the later of 3 years after the date of 

10 issuance or the date of the eighteenth birthday 

11 of that minor victim or witness’’; and 

12 (2) by striking subsection (c) and inserting the 

13 following: 

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

15 attempts to violate an order issued under this section shall 

16 be fined under this title, imprisoned not more than 5 

17 years, or both. 

18 ‘‘(d)(1) As used in this section— 

19 ‘‘(A) the term ‘course of conduct’ means a se20 ries of acts over a period of time, however short, in21 dicating a continuity of purpose; 

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

23 or course of conduct directed at a specific person 

24 that— 


rfrederick on DSKD9S0YB1PROD with BILLS
7 

•S 1308 IS

1 ‘‘(i) causes substantial emotional distress 

2 in such person; and 

3 ‘‘(ii) serves no legitimate purpose; 

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

5 the meaning given that term in section 115 and in6 cludes grandchildren; 

7 ‘‘(D) the term ‘intimidation’ means a serious 

8 act or course of conduct directed at a specific person 

9 that— 

10 ‘‘(i) causes fear or apprehension in such 

11 person; and 

12 ‘‘(ii) serves no legitimate purpose; 

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

14 has the meaning give that term in section 119; 

15 ‘‘(F) the term ‘serious act’ means a single act 

16 of threatening, retaliatory, harassing, or violent con17 duct that is reasonably likely to influence the will18 ingness of a victim or witness to testify or partici19 pate in a Federal criminal case or investigation; and 

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

21 or witness in a Federal criminal case or investiga22 tion, and includes an immediate family member of 

23 such a victim or witness. 

24 ‘‘(2) For purposes of subparagraphs (B)(ii) and 

25 (D)(ii) of paragraph (1), a court shall presume, subject 


rfrederick on DSKD9S0YB1PROD with BILLS
8 

•S 1308 IS

1 to rebuttal by the person, that the distribution or publica2 tion using the Internet of a photograph of, or restricted 

3 personal information regarding, a specific person serves 

4 no legitimate purpose, unless that use is authorized by 

5 that specific person, is for news reporting purposes, is de6 signed to locate that specific person (who has been re7 ported to law enforcement as a missing person), or is part 

8 of a government-authorized effort to locate a fugitive or 

9 person of interest in a criminal, antiterrorism, or national 

10 security investigation.’’. 

11 SEC. 9. SENTENCING GUIDELINES. 

12 Pursuant to its authority under section 994 of title 

13 28, United States Code, and in accordance with this sec14 tion, the United States Sentencing Commission shall re15 view and amend the Federal sentencing guidelines and 

16 policy statements to ensure— 

17 (1) that the guidelines provide an additional 

18 penalty increase of up to 8 offense levels, if appro19 priate, above the sentence otherwise applicable in 

20 Part J of the Guidelines Manual if the defendant 

21 was convicted of a violation of section 1591 of title 

22 18, United States Code, or chapters 109A, 109B, 

23 110 or 117 of title 18, United States Code; and 

24 (2) if the offense described in paragraph (1) in25 volved causing or threatening to cause physical inVerDate Mar 15 2010 04:18 Jul 02, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1308.IS S1308

rfrederick on DSKD9S0YB1PROD with BILLS
9 

•S 1308 IS

1 jury to a person under 18 years of age, in order to 

2 obstruct the administration of justice, an additional 

3 penalty increase of up to 12 levels, if appropriate, 

4 above the sentence otherwise applicable in Part J of 

5 the Guidelines Manual. 

6 SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF 

7 CHILD PORNOGRAPHY. 

8 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL

9 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

10 Section 2252(b)(2) of title 18, United States Code, is 

11 amended by inserting after ‘‘but if’’ the following: ‘‘any 

12 visual depiction involved in the offense involved a pre13 pubescent minor or a minor who had not attained 12 years 

14 of age, such person shall be fined under this title and im15 prisoned for not more than 20 years, or if’’. 

16 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

17 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

18 Section 2252A(b)(2) of title 18, United States Code, is 

19 amended by inserting after ‘‘but, if’’ the following: ‘‘any 

20 image of child pornography involved in the offense in21 volved a prepubescent minor or a minor who had not at22 tained 12 years of age, such person shall be fined under 

23 this title and imprisoned for not more than 20 years, or 

24 if’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
10 

•S 1308 IS

1 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

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

3 United States Code, is amended— 

4 (1) in subparagraph (A)— 

5 (A) in clause (i), by striking ‘‘or’’ at the 

6 end; 

7 (B) by redesignating clause (ii) as clause 

8 (iii); and 

9 (C) by inserting after clause (i) the fol10 lowing: 

11 ‘‘(ii) an unregistered sex offender conducted by 

12 the United States Marshals Service, the Director of 

13 the United States Marshals Service; or’’; and 

14 (2) in subparagraph (D)— 

15 (A) by striking ‘‘paragraph, the term’’ and 

16 inserting the following: ‘‘paragraph— 

17 ‘‘(i) the term’’; 

18 (B) by striking the period at the end and 

19 inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(ii) the term ‘sex offender’ means an indi22 vidual required to register under the Sex Offender 

23 Registration and Notification Act (42 U.S.C. 16901 

24 et seq.).’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
11 

•S 1308 IS

1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 3486(a) of title 18, United States Code, is amend3 ed— 

4 (1) in paragraph (6)(A), by striking ‘‘United 

5 State’’ and inserting ‘‘United States’’; 

6 (2) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ 

7 and inserting ‘‘(1)(A)(iii)’’; and 

8 (3) in paragraph (10), by striking ‘‘paragraph 

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

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS