I 

112TH CONGRESS 

1ST SESSION H. R. 1981 

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

and child exploitation offenses. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2011 

Mr. SMITH of Texas (for himself and Ms. WASSERMAN SCHULTZ) introduced 

the following bill; which was 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: 


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

3 ‘‘Whoever knowingly conducts, or attempts or con4 spires to conduct, a financial transaction (as defined in 

5 section 1956(c)) in or affecting interstate or foreign com6 merce, knowing that such transaction will facilitate access 

7 to, or the possession of, child pornography (as defined in 

8 section 2256) shall be fined under this title or imprisoned 

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

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

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

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

13 item: 

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

14 SEC. 3. MONEY LAUNDERING PREDICATE. 

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

16 Code, is amended— 

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

18 visual representation of the abuse of children),’’ be19 fore ‘‘section 1708’’; 

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

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

22 ‘‘section 2113’’; and 

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

24 penalties for registered sex offenders),’’ before ‘‘sec25 tion 2280’’. 


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1 SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC 

2 COMMUNICATION SERVICE PROVIDERS. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(h) RETENTION OF CERTAIN RECORDS.—A pro7 vider of an electronic communication service or remote 

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

9 months the temporarily assigned network addresses the 

10 service assigns to each account, unless that address is 

11 transmitted by radio communication (as defined in section 

12 3 of the Communications Act of 1934).’’. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that records retained pursuant to section 2703(h) 

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

16 to protect customer privacy and prevent against breaches 

17 of the records. 

18 SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DIS19 CLOSING INFORMATION UNDER THIS CHAP20 TER. 

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

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

23 specified persons for’’. 


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1 SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT. 

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

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

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

5 SEC. 7. SUBPOENA AUTHORITY. 

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

7 amended— 

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

9 the end; 

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

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

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

13 ‘‘(C) issue administrative subpoenas in accord14 ance with section 3486 of title 18, solely for the pur15 pose of investigating unregistered sex offenders (as 

16 defined in such section 3486).’’. 

17 SEC. 8. PROTECTION OF CHILD WITNESSES. 

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

19 amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1)— 

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

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

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

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

26 appears; 


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

2 and (4) as paragraphs (3), (4), and (5), respec3 tively; 

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

5 following: 

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

7 court shall issue a protective order prohibiting harassment 

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

9 finds evidence that the conduct at issue is reasonably like10 ly to adversely affect the willingness of the minor witness 

11 or victim to testify or otherwise participate in the Federal 

12 criminal case or investigation. Any hearing regarding a 

13 protective order under this paragraph shall be conducted 

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

15 the court may issue an ex parte emergency protective 

16 order in advance of a hearing if exigent circumstances are 

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

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

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

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

21 by striking ‘‘(and not by reference to the com22 plaint or other document)’’; and 

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

24 in the second sentence, by inserting before the 

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


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

2 court may order that such protective order ex3 pires on the later of 3 years after the date of 

4 issuance or the date of the eighteenth birthday 

5 of that minor victim or witness’’; and 

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

7 following: 

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

9 attempts to violate an order issued under this section shall 

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

11 years, or both. 

12 ‘‘(d)(1) As used in this section— 

13 ‘‘(A) the term ‘course of conduct’ means a se14 ries of acts over a period of time, however short, in15 dicating a continuity of purpose; 

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

17 or course of conduct directed at a specific person 

18 that— 

19 ‘‘(i) causes substantial emotional distress 

20 in such person; and 

21 ‘‘(ii) serves no legitimate purpose; 

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

23 the meaning given that term in section 115 and in24 cludes grandchildren; 


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

2 act or course of conduct directed at a specific person 

3 that— 

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

5 person; and 

6 ‘‘(ii) serves no legitimate purpose; 

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

8 has the meaning give that term in section 119; 

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

10 of threatening, retaliatory, harassing, or violent con11 duct that is reasonably likely to influence the will12 ingness of a victim or witness to testify or partici13 pate in a Federal criminal case or investigation; and 

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

15 or witness in a Federal criminal case or investiga16 tion, and includes an immediate family member of 

17 such a victim or witness. 

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

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

20 to rebuttal by the person, that the distribution or publica21 tion using the Internet of a photograph of, or restricted 

22 personal information regarding, a specific person serves 

23 no legitimate purpose, unless that use is authorized by 

24 that specific person, is for news reporting purposes, is de25 signed to locate that specific person (who has been reVerDate Mar 15 2010 22:13 May 31, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1981.IH H1981

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1 ported to law enforcement as a missing person), or is part 

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

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

4 security investigation.’’. 

5 SEC. 9. SENTENCING GUIDELINES. 

6 Pursuant to its authority under section 994 of title 

7 28, United States Code, and in accordance with this sec8 tion, the United States Sentencing Commission shall re9 view and amend the Federal sentencing guidelines and 

10 policy statements to ensure— 

11 (1) that the guidelines provide an additional 

12 penalty increase of up to 8 offense levels, if appro13 priate, above the sentence otherwise applicable in 

14 Part J of the Guidelines Manual if the defendant 

15 was convicted of a violation of section 1591 of title 

16 18, United States Code, or chapters 109A, 109B, 

17 110 or 117 of title 18, United States Code; and 

18 (2) if the offense described in paragraph (1) in19 volved causing or threatening to cause physical in20 jury to a person under 18 years of age, in order to 

21 obstruct the administration of justice, an additional 

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

23 above the sentence otherwise applicable in Part J of 

24 the Guidelines Manual. 


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1 SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF 

2 CHILD PORNOGRAPHY. 

3 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL

4 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

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

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

7 visual depiction involved in the offense involved a pre8 pubescent minor or a minor who had not attained 12 years 

9 of age, such person shall be fined under this title and im10 prisoned for not more than 20 years, or if’’. 

11 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

12 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

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

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

15 image of child pornography involved in the offense in16 volved a prepubescent minor or a minor who had not at17 tained 12 years of age, such person shall be fined under 

18 this title and imprisoned for more than 20 years, or if’’. 

19 SEC. 11. ADMINISTRATIVE SUBPOENAS. 

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

21 United States Code, is amended— 

22 (1) in subparagraph (A)— 

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

24 end; 

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

26 (iii); and 


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1 (C) by inserting after clause (i) the fol2 lowing: 

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

4 the United States Marshals Service, the Director of 

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

6 (2) in subparagraph (D)— 

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

8 inserting the following: ‘‘paragraph— 

9 ‘‘(i) the term’’; 

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

11 inserting ‘‘; and’’; and 

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

13 ‘‘(ii) the term ‘sex offender’ means an indi14 vidual required to register under the Sex Offender 

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

16 et seq.).’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 Section 3486(a) of title 18, United States Code, is amend19 ed— 

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

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

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

23 and inserting ‘‘(1)(A)(iii)’’; and 


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

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

Æ 


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