IB 

Union Calendar No. 86 

115TH CONGRESS 

1ST SESSION H. R. 1761 

[Report No. 115–137] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2017 

Mr. JOHNSON of Louisiana introduced the following bill; which was referred 

to the Committee on the Judiciary 

MAY 22, 2017 

Additional sponsors: Mr. POE of Texas, Mr. SCALISE, Mr. BIGGS, Mr. 

SESSIONS, Mr. ROE of Tennessee, and Ms. TENNEY

MAY 22, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 28, 2017] 


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A BILL 

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. 


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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 Against Child 

5 Exploitation Act of 2017’’. 

6 SEC. 2. SEXUAL EXPLOITATION OF CHILDREN. 

7 Section 2251 of title 18, United States Code, is amend8 ed— 

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

10 as follows: 

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

12 subsection (f), knowingly— 

13 ‘‘(1) employs, uses, persuades, induces, entices, or 

14 coerces a minor to engage in any sexually explicit 

15 conduct for the purpose of producing any visual de16 piction of such conduct, or transmitting a live visual 

17 depiction of such conduct; 

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

19 depiction of a minor engaged in any sexually explicit 

20 conduct where the production of such visual depiction 

21 involves the use of a minor engaging in sexually ex22 plicit conduct and such visual depiction is of such 

23 conduct; 


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1 ‘‘(3) transmits or causes to be transmitted a live 

2 visual depiction of a minor engaged in any sexually 

3 explicit conduct; 

4 ‘‘(4) has a minor assist any other person to en5 gage in any sexually explicit conduct during the com6 mission of an offense set forth in paragraphs (1) 

7 through (3) of this subsection; or 

8 ‘‘(5) transports any minor in or affecting inter9 state or foreign commerce with the intent that such 

10 minor be used in the production or live transmission 

11 of a visual depiction of a minor engaged in any sexu12 ally explicit conduct, 

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

14 ‘‘(b) Any parent, legal guardian, or person having cus15 tody or control of a minor who, in a circumstance described 

16 in subsection (f), knowingly permits such minor to engage 

17 in, or to assist any other person to engage in, sexually ex18 plicit conduct knowing that a visual depiction of such con19 duct will be produced or transmitted shall be punished as 

20 provided under subsection (e).’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘employs, uses, per24 suades, induces, entices, or coerces any 

25 minor to engage in, or who has a minor asVerDate Sep 11 2014 21:20 May 22, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1761.RH H1761

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1 sist any other person to engage in, any sex2 ually explicit conduct’’ and inserting ‘‘en3 gages in any conduct described in para4 graphs (1) through (5) of subsection (a)’’; 

5 and 

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

7 producing any visual depiction of such con8 duct,’’; 

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

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

11 and 

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

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

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

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

16 and (b) are— 

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

18 that such visual depiction will be— 

19 ‘‘(A) transported or transmitted using any 

20 means or facility of interstate or foreign com21 merce; 

22 ‘‘(B) transported or transmitted in or af23 fecting interstate or foreign commerce; or 

24 ‘‘(C) mailed; 


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1 ‘‘(2) the visual depiction was produced or trans2 mitted using materials that have been mailed, or 

3 shipped or transported in or affecting interstate or 

4 foreign commerce by any means, including by com5 puter; 

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

7 ‘‘(A) transported or transmitted using any 

8 means or facility of interstate or foreign com9 merce; 

10 ‘‘(B) transported or transmitted in or af11 fecting interstate or foreign commerce; or 

12 ‘‘(C) mailed; or 

13 ‘‘(4) any part of the offense occurred in a terri14 tory or possession of the United States or within the 

15 special maritime and territorial jurisdiction of the 

16 United States. 

17 ‘‘(g) Notwithstanding any other provision of this sec18 tion, no criminal charge under subsection (a)(3) may be 

19 brought against an electronic communication service pro20 vider or remote computing service provider unless such pro21 vider has intentionally transmitted or caused to be trans22 mitted a visual depiction with actual knowledge that such 

23 depiction is of a minor engaged in sexually explicit conduct, 

24 nor may any such criminal charge be brought if barred by 

25 the provisions of section 2258B.’’. 


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1 SEC. 3. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN 

2 RESPONDING TO SEARCH WARRANTS OR 

3 OTHER LEGAL PROCESS. 

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

5 amended— 

6 (1) in subsection (a), by inserting ‘‘from the re7 sponse to a search warrant or other legal process or’’ 

8 before ‘‘from the performance’’; and 

9 (2) in subsection (b)(2)(C), by inserting ‘‘the re10 sponse to a search warrant or other legal process or 

11 to’’ before ‘‘the performance of any responsibility’’. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 86 

115TH CONGRESS 

1ST SESSION H. R. 1761 

[Report No. 115–137] 

A BILL 

To amend title 18, United States Code, to crimsexually explicit conduct, and for other purposes. tion, or live transmission, of a minor engaged in inalize the knowing consent of the visual depicMAY 22, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS