II 

118TH CONGRESS 

1ST SESSION S. 353 

To establish appropriate penalties for possession of child pornography, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish appropriate penalties for possession of child 

pornography, and for other purposes. 

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 ‘‘Prosecutorial Remedies 

5 and Other Tools to end the Exploitation of Children Today 

6 Act of 2023’’ or the ‘‘PROTECT Act of 2023’’. 


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•S 353 IS

1 SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OF2 FENSES. 

3 (a) IN GENERAL.—Section 3553(b)(2) of title 18, 

4 United States Code, is amended by adding at the end the 

5 following: 

6 ‘‘(B) CHILD PORNOGRAPHY OFFENDERS.— 

7 ‘‘(i) DEFINITION.—In this subpara8 graph, the term ‘child pornography of9 fense’ means a violation of, or an attempt 

10 or conspiracy to violate, section 2251, 

11 2251A, 2252(a), 2252A(a), or 2260. 

12 ‘‘(ii) FACTS PROVEN DURING TRIAL

13 OR ADMITTED BY THE DEFENDANT.—Not14 withstanding subparagraph (A), in sen15 tencing a defendant convicted of a child 

16 pornography offense, a court shall impose 

17 a sentence of the kind, and that is not less 

18 than the minimum period in the sentencing 

19 range, referred to in subsection (a)(4), as 

20 determined based on facts proved beyond a 

21 reasonable doubt during a jury or bench 

22 trial and facts admitted by the defendant 

23 that are relevant to determining the kind 

24 and range of sentence, unless the court 

25 makes a finding described in clause (i), 

26 (ii), or (iii) of subparagraph (A). 


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•S 353 IS

1 ‘‘(iii) FACTS FOUND BY COURTS.— 

2 ‘‘(I) IN GENERAL.—Notwith3 standing subparagraph (A), in sen4 tencing a defendant convicted of a 

5 child pornography offense, a court 

6 shall consider, and may impose, a sen7 tence of the kind, and within the sen8 tencing range, referred to in sub9 section (a)(4), as determined based on 

10 all facts found by the court that are 

11 relevant to determining the kind and 

12 range of sentence. 

13 ‘‘(II) MINIMUM PERIOD.—Noth14 ing in subclause (I) shall authorize a 

15 court to impose a sentence that is less 

16 than— 

17 ‘‘(aa) the minimum sentence 

18 determined in accordance with 

19 clause (ii); or 

20 ‘‘(bb) the minimum sentence 

21 otherwise required by statute.’’. 

22 (b) PENALTIES FOR POSSESSION.—Chapter 110 of 

23 title 18, United States Code, is amended— 

24 (1) in section 2252(b)— 


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•S 353 IS

1 (A) by striking ‘‘(1) Whoever violates, or 

2 attempts or conspires to violate, paragraph (1), 

3 (2), or (3) of subsection (a)’’ and inserting 

4 ‘‘Whoever violates, or attempts or conspires to 

5 violate, subsection (a)’’; and 

6 (B) by striking paragraph (2); and 

7 (2) in section 2252A(b)— 

8 (A) in paragraph (1), by inserting ‘‘(5),’’ 

9 after ‘‘(4),’’; 

10 (B) by striking paragraph (2); and 

11 (C) by redesignating paragraph (3) as 

12 paragraph (2). 

Æ 


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