IIB 

115TH CONGRESS 

1ST SESSION H. R. 1761 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2017 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 18, United States Code, to criminalize the 

knowing consent of the visual depiction, or live transmission, of a minor engaged in sexually explicit conduct, 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Against 

3 Child Exploitation Act of 2017’’. 

4 SEC. 2. SEXUAL EXPLOITATION OF CHILDREN. 

5 Section 2251 of title 18, United States Code, is 

6 amended— 

7 (1) by amending subsections (a) and (b) to read 

8 as follows: 

9 ‘‘(a) Any person who, in a circumstance described in 

10 subsection (f), knowingly— 

11 ‘‘(1) employs, uses, persuades, induces, entices, 

12 or coerces a minor to engage in any sexually explicit 

13 conduct for the purpose of producing any visual de14 piction of such conduct, or transmitting a live visual 

15 depiction of such conduct; 

16 ‘‘(2) produces or causes to be produced a visual 

17 depiction of a minor engaged in any sexually explicit 

18 conduct where the production of such visual depic19 tion involves the use of a minor engaging in sexually 

20 explicit conduct and such visual depiction is of such 

21 conduct; 

22 ‘‘(3) transmits or causes to be transmitted a 

23 live visual depiction of a minor engaged in any sexu24 ally explicit conduct; 

25 ‘‘(4) has a minor assist any other person to en26 gage in any sexually explicit conduct during the 


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1 commission of an offense set forth in paragraphs (1) 

2 through (3) of this subsection; or 

3 ‘‘(5) transports any minor in or affecting inter4 state or foreign commerce with the intent that such 

5 minor be used in the production or live transmission 

6 of a visual depiction of a minor engaged in any sexu7 ally explicit conduct, 

8 shall be punished as provided under subsection (e). 

9 ‘‘(b) Any parent, legal guardian, or person having 

10 custody or control of a minor who, in a circumstance de11 scribed in subsection (f), knowingly permits such minor 

12 to engage in, or to assist any other person to engage in, 

13 sexually explicit conduct knowing that a visual depiction 

14 of such conduct will be produced or transmitted shall be 

15 punished as provided under subsection (e).’’; 

16 (2) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘employs, uses, per19 suades, induces, entices, or coerces any 

20 minor to engage in, or who has a minor as21 sist any other person to engage in, any 

22 sexually explicit conduct’’ and inserting 

23 ‘‘engages in any conduct described in para24 graphs (1) through (5) of subsection (a)’’; 

25 and 


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1 (ii) by striking ‘‘, for the purpose of 

2 producing any visual depiction of such con3 duct,’’; 

4 (B) in paragraph (2)(A), by inserting after 

5 ‘‘transported’’ the following: ‘‘or transmitted’’; 

6 and 

7 (C) in paragraph (2)(B), by inserting after 

8 ‘‘transports’’ the following; ‘‘or transmits’’; 

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

10 ‘‘(f) The circumstances referred to in subsections (a) 

11 and (b) are— 

12 ‘‘(1) that the person knows or has reason to 

13 know that such visual depiction will be— 

14 ‘‘(A) transported or transmitted using any 

15 means or facility of interstate or foreign com16 merce; 

17 ‘‘(B) transported or transmitted in or af18 fecting interstate or foreign commerce; or 

19 ‘‘(C) mailed; 

20 ‘‘(2) the visual depiction was produced or trans21 mitted using materials that have been mailed, or 

22 shipped or transported in or affecting interstate or 

23 foreign commerce by any means, including by com24 puter; 

25 ‘‘(3) such visual depiction has actually been— 


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1 ‘‘(A) transported or transmitted using any 

2 means or facility of interstate or foreign com3 merce; 

4 ‘‘(B) transported or transmitted in or af5 fecting interstate or foreign commerce; or 

6 ‘‘(C) mailed; or 

7 ‘‘(4) any part of the offense occurred in a terri8 tory or possession of the United States or within the 

9 special maritime and territorial jurisdiction of the 

10 United States. 

11 ‘‘(g) Notwithstanding any other provision of this sec12 tion, no criminal charge under subsection (a)(3) may be 

13 brought against an electronic communication service pro14 vider or remote computing service provider unless such 

15 provider has intentionally transmitted or caused to be 

16 transmitted a visual depiction with actual knowledge that 

17 such depiction is of a minor engaged in sexually explicit 

18 conduct, nor may any such criminal charge be brought if 

19 barred by the provisions of section 2258B.’’. 

20 SEC. 3. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN 

21 RESPONDING TO SEARCH WARRANTS OR 

22 OTHER LEGAL PROCESS. 

23 Section 2258B of title 18, United States Code, is 

24 amended— 


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1 (1) in subsection (a), by inserting ‘‘from the re2 sponse to a search warrant or other legal process 

3 or’’ before ‘‘from the performance’’; and 

4 (2) in subsection (b)(2)(C), by inserting ‘‘the 

5 response to a search warrant or other legal process 

6 or to’’ before ‘‘the performance of any responsi7 bility’’. 

Passed the House of Representatives May 25, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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