I 

116TH CONGRESS 

1ST SESSION H. R. 2873 

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 

MAY 21, 2019 

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

to the Committee on the Judiciary 

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. 

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 

5 Child Exploitation Act of 2019’’. 

6 SEC. 2. SEXUAL EXPLOITATION OF CHILDREN. 

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

8 amended— 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 2873 IH

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

2 as follows: 

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

4 subsection (f), knowingly— 

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

6 or coerces a minor to engage in any sexually explicit 

7 conduct for the purpose of producing any visual de8 piction of such conduct, or transmitting a live visual 

9 depiction of such conduct; 

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

11 depiction of a minor engaged in any sexually explicit 

12 conduct where the production of such visual depic13 tion involves the use of a minor engaging in sexually 

14 explicit conduct and such visual depiction is of such 

15 conduct; 

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

17 live visual depiction of a minor engaged in any sexu18 ally explicit conduct; 

19 ‘‘(4) has a minor assist any other person to en20 gage in any sexually explicit conduct during the 

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

22 through (3) of this subsection; or 

23 ‘‘(5) transports any minor in or affecting inter24 state or foreign commerce with the intent that such 

25 minor be used in the production or live transmission 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 2873 IH

1 of a visual depiction of a minor engaged in any sexu2 ally explicit conduct, 

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

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

5 custody or control of a minor who, in a circumstance de6 scribed in subsection (f), knowingly permits such minor 

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

8 sexually explicit conduct knowing that a visual depiction 

9 of such conduct will be produced or transmitted shall be 

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

11 (2) in subsection (c)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘employs, uses, per14 suades, induces, entices, or coerces any 

15 minor to engage in, or who has a minor as16 sist any other person to engage in, any 

17 sexually explicit conduct’’ and inserting 

18 ‘‘engages in any conduct described in para19 graphs (1) through (5) of subsection (a)’’; 

20 and 

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

22 producing any visual depiction of such con23 duct,’’; 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 2873 IH

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

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

3 and 

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

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

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

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

8 and (b) are— 

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

10 know that such visual depiction will be— 

11 ‘‘(A) transported or transmitted using any 

12 means or facility of interstate or foreign com13 merce; 

14 ‘‘(B) transported or transmitted in or af15 fecting interstate or foreign commerce; or 

16 ‘‘(C) mailed; 

17 ‘‘(2) the visual depiction was produced or trans18 mitted using materials that have been mailed, or 

19 shipped or transported in or affecting interstate or 

20 foreign commerce by any means, including by com21 puter; 

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

23 ‘‘(A) transported or transmitted using any 

24 means or facility of interstate or foreign com25 merce; 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 2873 IH

1 ‘‘(B) transported or transmitted in or af2 fecting interstate or foreign commerce; or 

3 ‘‘(C) mailed; or 

4 ‘‘(4) any part of the offense occurred in a terri5 tory or possession of the United States or within the 

6 special maritime and territorial jurisdiction of the 

7 United States. 

8 ‘‘(g) Notwithstanding any other provision of this sec9 tion, no criminal charge under subsection (a)(3) may be 

10 brought against an electronic communication service pro11 vider or remote computing service provider unless such 

12 provider has intentionally transmitted or caused to be 

13 transmitted a visual depiction with actual knowledge that 

14 such depiction is of a minor engaged in sexually explicit 

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

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

17 SEC. 3. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN 

18 RESPONDING TO SEARCH WARRANTS OR 

19 OTHER LEGAL PROCESS. 

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

21 amended— 

22 (1) in subsection (a), by inserting ‘‘from the re23 sponse to a search warrant or other legal process 

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


kjohnson on DSK79L0C42 with BILLS
6 

•HR 2873 IH

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

2 response to a search warrant or other legal process 

3 or to’’ before ‘‘the performance of any responsi4 bility’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS