II 

118TH CONGRESS 

1ST SESSION S. 1170 

To reauthorize and update the Project Safe Childhood program, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 17, 2023 

Mr. CORNYN (for himself, Ms. KLOBUCHAR, Mr. GRASSLEY, Mr. 

BLUMENTHAL, Mrs. BLACKBURN, Mr. MURPHY, and Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize and update the Project Safe Childhood 

program, 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 ‘‘Project Safe Childhood 

5 Act’’. 

6 SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION. 

7 Section 143 of the Adam Walsh Child Protection and 

8 Safety Act of 2006 (34 U.S.C. 20942) is amended to read 

9 as follows: 


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1 ‘‘SEC. 143. PROJECT SAFE CHILDHOOD. 

2 ‘‘(a) DEFINITIONS.—In this section: 

3 ‘‘(1) CHILD SEXUAL ABUSE MATERIAL.—The 

4 term ‘child sexual abuse material’ has the meaning 

5 given the term ‘child pornography’ in section 2256 

6 of title 18, United States Code. 

7 ‘‘(2) CHILD SEXUAL EXPLOITATION OF8 FENSE.—The term ‘child sexual exploitation offense’ 

9 means— 

10 ‘‘(A)(i) an offense involving a minor under 

11 section 1591 or chapter 117 of title 18, United 

12 States Code; 

13 ‘‘(ii) an offense under subsection (a), (b), 

14 or (c) of section 2251 of title 18, United States 

15 Code; 

16 ‘‘(iii) an offense under section 2251A or 

17 2252A(g) of title 18, United States Code; or 

18 ‘‘(iv) any attempt or conspiracy to commit 

19 an offense described in clause (i) or (ii); or 

20 ‘‘(B) an offense involving a minor under a 

21 State or Tribal statute that is similar to a pro22 vision described in subparagraph (A). 

23 ‘‘(3) CIRCLE OF TRUST OFFENDER.—The term 

24 ‘circle of trust offender’ means an offender who is 

25 related to, or in a position of trust, authority, or su26 pervisory control with respect to, a child. 


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1 ‘‘(4) COMPUTER.—The term ‘computer’ has the 

2 meaning given the term in section 1030 of title 18, 

3 United States Code. 

4 ‘‘(5) CONTACT SEXUAL OFFENSE.—The term 

5 ‘contact sexual offense’ means— 

6 ‘‘(A) an offense involving a minor under 

7 chapter 109A of title 18, United States Code, 

8 or any attempt or conspiracy to commit such an 

9 offense; or 

10 ‘‘(B) an offense involving a minor under a 

11 State or Tribal statute that is similar to a pro12 vision described in subparagraph (A). 

13 ‘‘(6) DUAL OFFENDER.—The term ‘dual of14 fender’ means— 

15 ‘‘(A) a person who commits— 

16 ‘‘(i) a technology-facilitated child sex17 ual exploitation offense or an offense in18 volving child sexual abuse material; and 

19 ‘‘(ii) a contact sexual offense; and 

20 ‘‘(B) without regard to whether the of21 fenses described in clauses (i) and (ii) of sub22 paragraph (A)— 

23 ‘‘(i) are committed as part of the 

24 same course of conduct; or 

25 ‘‘(ii) involve the same victim. 


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1 ‘‘(7) FACILITATOR.—The term ‘facilitator’ 

2 means an individual who facilitates the commission 

3 by another individual of— 

4 ‘‘(A) a technology-facilitated child sexual 

5 exploitation offense or an offense involving child 

6 sexual abuse material; or 

7 ‘‘(B) a contact sexual offense. 

8 ‘‘(8) ICAC AFFILIATE PARTNER.—The term 

9 ‘ICAC affiliate partner’ means a law enforcement 

10 agency that has entered into a formal operating 

11 agreement with the ICAC Task Force Program. 

12 ‘‘(9) ICAC TASK FORCE.—The term ‘ICAC task 

13 force’ means a task force that is part of the ICAC 

14 Task Force Program. 

15 ‘‘(10) ICAC TASK FORCE PROGRAM.—The term 

16 ‘ICAC Task Force Program’ means the National 

17 Internet Crimes Against Children Task Force Pro18 gram established under section 102 of the PRO19 TECT Our Children Act of 2008 (34 U.S.C. 

20 21112). 

21 ‘‘(11) OFFENSE INVOLVING CHILD SEXUAL

22 ABUSE MATERIAL.—The term ‘offense involving 

23 child sexual abuse material’ means— 

24 ‘‘(A) an offense under section 2251(d), 

25 section 2252, or paragraphs (1) through (6) of 


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1 section 2252A(a) of title 18, United States 

2 Code, or any attempt or conspiracy to commit 

3 such an offense; or 

4 ‘‘(B) an offense under a State or Tribal 

5 statute that is similar to a provision described 

6 in subparagraph (A). 

7 ‘‘(12) SERIOUS OFFENDER.—The term ‘serious 

8 offender’ means— 

9 ‘‘(A) an offender who has committed a 

10 contact sexual offense or child sexual exploi11 tation offense; 

12 ‘‘(B) a dual offender, circle of trust of13 fender, or facilitator; or 

14 ‘‘(C) an offender with a prior conviction 

15 for a contact sexual offense, a child sexual ex16 ploitation offense, or an offense involving child 

17 sexual abuse material. 

18 ‘‘(13) STATE.—The term ‘State’ means a State 

19 of the United States, the District of Columbia, and 

20 any commonwealth, territory, or possession of the 

21 United States. 

22 ‘‘(14) TECHNOLOGY-FACILITATED.—The term 

23 ‘technology-facilitated’, with respect to an offense, 

24 means an offense that is committed through the use 


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1 of a computer, even if the use of a computer is not 

2 an element of the offense. 

3 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Attorney 

4 General shall create and maintain a nationwide initiative 

5 to align Federal, State, and local entities to combat the 

6 growing epidemic of online child sexual exploitation and 

7 abuse, to be known as the ‘Project Safe Childhood pro8 gram’, in accordance with this section. 

9 ‘‘(c) BEST PRACTICES.—The Attorney General, in 

10 coordination with the Child Exploitation and Obscenity 

11 Section of the Criminal Division of the Department of 

12 Justice and the Office of Juvenile Justice and Delinquency 

13 Prevention of the Department of Justice, and in consulta14 tion with training and technical assistance providers under 

15 the ICAC Task Force Program who are funded by the At16 torney General and with appropriate nongovernmental or17 ganizations, shall— 

18 ‘‘(1) develop best practices to adopt a balanced 

19 approach to the investigation of suspect leads involv20 ing contact sexual offenses, child sexual exploitation 

21 offenses, and offenses involving child sexual abuse 

22 material, and the prosecution of those offenses, 

23 prioritizing when feasible the identification of a child 

24 victim or a serious offender, which approach shall 

25 incorporate the use of— 


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1 ‘‘(A) proactively generated leads, including 

2 leads generated by current and emerging tech3 nology; 

4 ‘‘(B) in-district investigative referrals; and 

5 ‘‘(C) CyberTipline reports from the Na6 tional Center for Missing and Exploited Chil7 dren; 

8 ‘‘(2) develop best practices to be used by each 

9 United States Attorney and ICAC task force to as10 sess the likelihood that an individual could be a seri11 ous offender or that a child victim may be identified; 

12 ‘‘(3) develop and implement a tracking and 

13 communication system for Federal, State, and local 

14 law enforcement agencies and prosecutor’s offices to 

15 report successful cases of victim identification and 

16 child rescue to the Department of Justice and the 

17 public; and 

18 ‘‘(4) encourage the submission of all lawfully 

19 seized visual depictions to the Child Victim Identi20 fication Program of the National Center for Missing 

21 and Exploited Children. 

22 ‘‘(d) IMPLEMENTATION.—Except as authorized 

23 under subsection (e), funds authorized under this section 

24 may only be used for the following 4 purposes: 


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1 ‘‘(1) Integrated Federal, State, and local efforts 

2 to investigate and prosecute contact sexual offenses, 

3 child sexual exploitation offenses, and offenses in4 volving child sexual abuse material, including— 

5 ‘‘(A) the partnership by each United 

6 States Attorney with each Internet Crimes 

7 Against Children Task Force within the district 

8 of such attorney; 

9 ‘‘(B) training of Federal, State, and local 

10 law enforcement officers and prosecutors 

11 through— 

12 ‘‘(i) programs facilitated by the ICAC 

13 Task Force Program; 

14 ‘‘(ii) ICAC training programs sup15 ported by the Office of Juvenile Justice 

16 and Delinquency Prevention of the Depart17 ment of Justice; 

18 ‘‘(iii) programs facilitated by appro19 priate nongovernmental organizations with 

20 subject matter expertise, technical skill, or 

21 technological tools to assist in the identi22 fication of and response to serious offend23 ers, contact sexual offenses, child sexual 

24 exploitation offenses, or offenses involving 

25 child sexual abuse material; and 


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1 ‘‘(iv) any other program that provides 

2 training— 

3 ‘‘(I) on the investigation and 

4 identification of serious offenders or 

5 victims of contact sexual offenses, 

6 child sexual exploitation offenses, or 

7 offenses involving child sexual abuse 

8 material; or 

9 ‘‘(II) that specifically addresses 

10 the use of existing and emerging tech11 nologies to commit or facilitate con12 tact sexual offenses, child sexual ex13 ploitation offenses, or offenses involv14 ing child sexual abuse material; 

15 ‘‘(C) the development by each United 

16 States Attorney of a district-specific strategic 

17 plan to coordinate with State and local law en18 forcement agencies and prosecutor’s offices, in19 cluding ICAC task forces and their ICAC affil20 iate partners, on the investigation of suspect 

21 leads involving serious offenders, contact sexual 

22 offenses, child sexual exploitation offenses, and 

23 offenses involving child sexual abuse material, 

24 and the prosecution of those offenders and of25 fenses, which plan— 


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1 ‘‘(i) shall include— 

2 ‘‘(I) the use of the best practices 

3 developed under paragraphs (1) and 

4 (2) of subsection (c); 

5 ‘‘(II) the development of plans 

6 and protocols to target and rapidly in7 vestigate cases involving potential se8 rious offenders or the identification 

9 and rescue of a victim of a contact 

10 sexual offense, a child sexual exploi11 tation offense, or an offense involving 

12 child sexual abuse material; 

13 ‘‘(III) the use of training and 

14 technical assistance programs to in15 corporate victim-centered, trauma-in16 formed practices in cases involving 

17 victims of contact sexual offenses, 

18 child sexual exploitation offenses, and 

19 offenses involving child sexual abuse 

20 material, which may include the use of 

21 child protective services, children’s ad22 vocacy centers, victim support special23 ists, or other supportive services; 

24 ‘‘(IV) the development of plans to 

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1 nicate successful cases of victim iden2 tification and child rescue to the De3 partment of Justice and the public; 

4 ‘‘(V) an analysis of the investiga5 tive and forensic capacity of law en6 forcement agencies and prosecutor’s 

7 offices within the district, and goals 

8 for improving capacity and effective9 ness; 

10 ‘‘(VI) a written policy describing 

11 the criteria for referrals for prosecu12 tion from Federal, State, or local law 

13 enforcement agencies, particularly 

14 when the investigation may involve a 

15 potential serious offender or the iden16 tification or rescue of a child victim; 

17 ‘‘(VII) plans and budgets for 

18 training of relevant personnel on con19 tact sexual offenses, child sexual ex20 ploitation offenses, and offenses in21 volving child sexual abuse material; 

22 ‘‘(VIII) plans for coordination 

23 and cooperation with State, local, and 

24 Tribal law enforcement agencies and 

25 prosecutorial offices; and 


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1 ‘‘(IX) evidence-based programs 

2 that educate the public about and in3 crease awareness of such offenses; and 

4 ‘‘(ii) shall be developed in consulta5 tion, as appropriate, with— 

6 ‘‘(I) the local ICAC task force; 

7 ‘‘(II) the United States Marshals 

8 Service Sex Offender Targeting Cen9 ter; 

10 ‘‘(III) training and technical as11 sistance providers under the ICAC 

12 Task Force Program who are funded 

13 by the Attorney General; 

14 ‘‘(IV) nongovernmental organiza15 tions with subject matter expertise, 

16 technical skill, or technological tools 

17 to assist in the identification of and 

18 response to contact sexual offenses, 

19 child sexual exploitation offenses, or 

20 offenses involving child sexual abuse 

21 material; 

22 ‘‘(V) any relevant component of 

23 Homeland Security Investigations; 

24 ‘‘(VI) any relevant component of 

25 the Federal Bureau of Investigation; 


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1 ‘‘(VII) the Office of Juvenile Jus2 tice and Delinquency Prevention of 

3 the Department of Justice; 

4 ‘‘(VIII) the Child Exploitation 

5 and Obscenity Section of the Criminal 

6 Division of the Department of Justice; 

7 ‘‘(IX) the United States Postal 

8 Inspection Service; 

9 ‘‘(X) the United States Secret 

10 Service; and 

11 ‘‘(XI) each military criminal in12 vestigation organization of the De13 partment of Defense; and 

14 ‘‘(D) a quadrennial assessment by each 

15 United States Attorney of the investigations 

16 within the district of such attorney of contact 

17 sexual offenses, child sexual exploitation of18 fenses, and offenses involving child sexual abuse 

19 material— 

20 ‘‘(i) with consideration of— 

21 ‘‘(I) the variety of sources for 

22 leads; 

23 ‘‘(II) the proportion of work in24 volving proactive or undercover law 

25 enforcement investigations; 


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1 ‘‘(III) the number of serious of2 fenders identified and prosecuted; and 

3 ‘‘(IV) the number of children 

4 identified or rescued; and 

5 ‘‘(ii) information from which may be 

6 used by the United States Attorney, as ap7 propriate, to revise the plan described in 

8 subparagraph (C). 

9 ‘‘(2) Major case coordination by the Depart10 ment of Justice (or other Federal agencies as appro11 priate), including specific cooperation, as appro12 priate, with— 

13 ‘‘(A) the Child Exploitation and Obscenity 

14 Section of the Criminal Division of the Depart15 ment of Justice; 

16 ‘‘(B) any relevant component of Homeland 

17 Security Investigations; 

18 ‘‘(C) any relevant component of the Fed19 eral Bureau of Investigation; 

20 ‘‘(D) the ICAC task forces and ICAC affil21 iate partners; 

22 ‘‘(E) the United States Marshals Service, 

23 including the Sex Offender Targeting Center; 

24 ‘‘(F) the United States Postal Inspection 

25 Service; 


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1 ‘‘(G) the United States Secret Service; 

2 ‘‘(H) each Military Criminal Investigation 

3 Organization of the Department of Defense; 

4 and 

5 ‘‘(I) any task forces established in connec6 tion with the Project Safe Childhood program 

7 set forth under subsection (b). 

8 ‘‘(3) Increased Federal involvement in, and 

9 commitment to, the prevention and prosecution of 

10 technology-facilitated child sexual exploitation of11 fenses or offenses involving child sexual abuse mate12 rial by— 

13 ‘‘(A) using technology to identify victims 

14 and serious offenders; 

15 ‘‘(B) developing processes and tools to 

16 identify victims and offenders; and 

17 ‘‘(C) taking measures to improve informa18 tion sharing among Federal law enforcement 

19 agencies, including for the purposes of imple20 menting the plans and protocols described in 

21 paragraph (1)(C)(i)(II) to identify and rescue— 

22 ‘‘(i) victims of contact sexual offenses, 

23 child sexual exploitation offenses, and of24 fenses involving child sexual abuse mate25 rial; or 


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1 ‘‘(ii) victims of serious offenders. 

2 ‘‘(4) The establishment, development, and im3 plementation of a nationally coordinated ‘Safer 

4 Internet Day’ every year developed in collaboration 

5 with the Department of Education, national and 

6 local internet safety organizations, parent organiza7 tions, social media companies, and schools to pro8 vide— 

9 ‘‘(A) national public awareness and evi10 dence-based educational programs about the 

11 threats posed by circle of trust offenders and 

12 the threat of contact sexual offenses, child sex13 ual exploitation offenses, or offenses involving 

14 child sexual abuse material, and the use of 

15 technology to facilitate those offenses; 

16 ‘‘(B) information to parents and children 

17 about how to avoid or prevent technology-facili18 tated child sexual exploitation offenses; and 

19 ‘‘(C) information about how to report pos20 sible technology-facilitated child sexual exploi21 tation offenses or offenses involving child sexual 

22 abuse material through— 

23 ‘‘(i) the National Center for Missing 

24 and Exploited Children; 


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1 ‘‘(ii) the ICAC Task Force Program; 

2 and 

3 ‘‘(iii) any other program that— 

4 ‘‘(I) raises national awareness 

5 about the threat of technology-facili6 tated child sexual exploitation offenses 

7 or offenses involving child sexual 

8 abuse material; and 

9 ‘‘(II) provides information to par10 ents and children seeking to report 

11 possible violations of technology-facili12 tated child sexual exploitation offenses 

13 or offenses involving child sexual 

14 abuse material. 

15 ‘‘(e) EXPANSION OF PROJECT SAFE CHILDHOOD.— 

16 Notwithstanding subsection (d), funds authorized under 

17 this section may be also be used for the following pur18 poses: 

19 ‘‘(1) The addition of not less than 20 Assistant 

20 United States Attorneys at the Department of Jus21 tice, relative to the number of such positions as of 

22 the day before the date of enactment of the Project 

23 Safe Childhood Act, who shall be— 


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1 ‘‘(A) dedicated to the prosecution of cases 

2 in connection with the Project Safe Childhood 

3 program set forth under subsection (b); and 

4 ‘‘(B) responsible for assisting and coordi5 nating the plans and protocols of each district 

6 under subsection (d)(1)(C)(i)(II). 

7 ‘‘(2) Such other additional and related purposes 

8 as the Attorney General determines appropriate. 

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) IN GENERAL.—For the purpose of car11 rying out this section, there are authorized to be ap12 propriated— 

13 ‘‘(A) for the activities described under 

14 paragraphs (1), (2), and (3) of subsection (d), 

15 $28,550,000 for each of fiscal years 2023 

16 through 2028; 

17 ‘‘(B) for the activities described under sub18 section (d)(4), $4,000,000 for each of fiscal 

19 years 2023 through 2028; and 

20 ‘‘(C) for the activities described under sub21 section (e), $29,100,000 for each of fiscal years 

22 2023 through 2028. 

23 ‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Amounts 

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1 ment, and not supplant, other Federal, State, or 

2 local funds made available for those agencies, pro3 grams, and services.’’. 

4 SEC. 3. TECHNICAL CLARIFICATIONS. 

5 (a) IN GENERAL.—Title 18, United States Code, is 

6 amended— 

7 (1) in section 1201— 

8 (A) in subsection (a), in the matter pre9 ceding paragraph (1), by inserting ‘‘obtains by 

10 defrauding or deceiving any person,’’ after ‘‘ab11 ducts,’’; and 

12 (B) in subsection (g), by adding at the end 

13 the following: 

14 ‘‘(2) DEFENSE.—For an offense described in 

15 this subsection involving a victim who has not at16 tained the age of 16 years, it is not a defense that 

17 the victim consented to the offender’s conduct unless 

18 the offender can establish by a preponderance of the 

19 evidence that the offender reasonably believed that 

20 the victim had attained the age of 16 years.’’; 

21 (2) in chapter 109A— 

22 (A) in section 2241— 

23 (i) in subsection (b)— 

24 (I) in paragraph (1)— 


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1 (aa) by inserting ‘‘or 

2 causes’’ after ‘‘engages in’’; and 

3 (bb) by inserting ‘‘or by’’ 

4 after ‘‘a sexual act with’’; and 

5 (II) in paragraph (2)(B)— 

6 (aa) by inserting ‘‘or 

7 causes’’ after ‘‘engages in’’; and 

8 (bb) by inserting ‘‘or by’’ 

9 after ‘‘a sexual act with’’; 

10 (ii) in subsection (c)— 

11 (I) by striking ‘‘crosses a State 

12 line’’ and inserting ‘‘travels in inter13 state or foreign commerce’’; 

14 (II) by inserting ‘‘or cause’’ after 

15 ‘‘engage in’’; 

16 (III) by inserting ‘‘or by’’ after 

17 ‘‘a sexual act with’’ each place it ap18 pears; 

19 (IV) by inserting ‘‘or by’’ after 

20 ‘‘subsections (a) and (b) with’’; 

21 (V) by inserting ‘‘or causes’’ 

22 after ‘‘engages in’’ each place it ap23 pears; and 

24 (VI) by inserting ‘‘or causing’’ 

25 after ‘‘so engaging’’; and 


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1 (iii) in subsection (d), by inserting ‘‘or 

2 being caused to engage in’’ after ‘‘engaging 

3 in’’; 

4 (B) in section 2242— 

5 (i) in paragraph (2), in the matter 

6 preceding subparagraph (A)— 

7 (I) by inserting ‘‘or causes’’ after 

8 ‘‘engages in’’; and 

9 (II) by inserting ‘‘or by’’ after ‘‘a 

10 sexual act with’’; and 

11 (ii) in paragraph (3)— 

12 (I) by inserting ‘‘or causes’’ after 

13 ‘‘engages in’’; and 

14 (II) by inserting ‘‘or by’’ after ‘‘a 

15 sexual act with’’; 

16 (C) in section 2243— 

17 (i) in subsection (a)— 

18 (I) in the matter preceding para19 graph (1)— 

20 (aa) by inserting ‘‘or 

21 causes’’ after ‘‘engages in’’; and 

22 (bb) by inserting ‘‘or by’’ 

23 after ‘‘a sexual act with’’; and 

24 (II) in paragraph (2), by insert25 ing ‘‘or causing’’ after ‘‘so engaging’’; 


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1 (ii) in subsection (b)— 

2 (I) in the matter preceding para3 graph (1)— 

4 (aa) by inserting ‘‘or 

5 causes’’ after ‘‘engages in’’; and 

6 (bb) by inserting ‘‘or by’’ 

7 after ‘‘a sexual act with’’; and 

8 (II) in paragraph (2), by insert9 ing ‘‘or causing’’ after ‘‘so engaging’’; 

10 (iii) in subsection (c)— 

11 (I) by inserting ‘‘or causes’’ after 

12 ‘‘engages in’’; and 

13 (II) by inserting ‘‘or by’’ after ‘‘a 

14 sexual act with’’; and 

15 (iv) in subsection (e)— 

16 (I) in paragraph (1), by inserting 

17 ‘‘or being caused to engage in’’ after 

18 ‘‘engaging in’’; and 

19 (II) in paragraph (2), by striking 

20 ‘‘between the persons so engaging’’ 

21 and inserting the following: ‘‘be22 tween— 

23 ‘‘(A) the defendant; and 

24 ‘‘(B) the person— 


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1 ‘‘(i) with whom the defendant engaged 

2 in a sexual act; or 

3 ‘‘(ii) whom the defendant caused to 

4 engage in a sexual act’’; and 

5 (D) in section 2244(b)— 

6 (i) by inserting ‘‘or causes’’ after ‘‘en7 gages in’’; and 

8 (ii) by inserting ‘‘or by’’ after ‘‘sexual 

9 contact with’’; and 

10 (3) in section 2423(f)(1)— 

11 (A) by striking ‘‘a sexual act (as defined in 

12 section 2246) with’’ and inserting ‘‘any conduct 

13 involving’’; and 

14 (B) by striking ‘‘sexual act occurred’’ and 

15 inserting ‘‘conduct occurred’’. 

16 (b) EFFECTIVE DATE.—The amendment to section 

17 2241(c) of title 18, United States Code, made by sub18 section (a)(2)(A)(ii)(I) of this section shall apply to con19 duct that occurred before, on, or after the date of enact20 ment of this Act. 

21 SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF 

22 CHILDREN. 

23 Title 18 of the United States Code is amended— 

24 (1) in section 1466A— 


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1 (A) in subsection (a)(1)(A), by inserting ‘‘, 

2 or includes a minor in such visual depiction of 

3 any adult engaging in sexually explicit conduct’’ 

4 after ‘‘sexually explicit conduct’’; and 

5 (B) in subsection (b)(1)(A), by inserting ‘‘, 

6 or includes a minor in such visual depiction of 

7 any adult engaging in sexually explicit conduct’’ 

8 after ‘‘sexually explicit conduct’’; 

9 (2) in chapter 109A— 

10 (A) in section 2244— 

11 (i) in subsection (a)— 

12 (I) by redesignating paragraphs 

13 (1) through (5) as subparagraphs (A) 

14 through (E), respectively, and adjust15 ing the margins accordingly; 

16 (II) by striking ‘‘Whoever’’ and 

17 inserting the following: 

18 ‘‘(1) IN GENERAL.—Whoever’’; 

19 (III) in paragraph (1), as so des20 ignated— 

21 (aa) in the matter preceding 

22 subparagraph (A), as so redesig23 nated, by striking ‘‘if so to do’’ 

24 and inserting ‘‘if to do so’’; 


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1 (bb) in subparagraph (A), as 

2 so redesignated, by striking 

3 ‘‘ten’’ and inserting ‘‘10’’; 

4 (cc) in subparagraph (B), as 

5 so redesignated, by striking 

6 ‘‘three’’ and inserting ‘‘10’ ’’; 

7 (dd) in subparagraph (C), as 

8 so redesignated, by striking 

9 ‘‘two’’ and inserting ‘‘5’’; and 

10 (ee) in subparagraph (D), as 

11 so redesignated, by striking 

12 ‘‘two’’ and inserting ‘‘5’’; and 

13 (IV) by adding at the end the fol14 lowing: 

15 ‘‘(2) ATTEMPT.—Whoever attempts to commit 

16 an offense under paragraph (1) shall be subject to 

17 the same penalty as for a completed offense.’’; 

18 (ii) in subsection (b)— 

19 (I) by inserting ‘‘or causes’’ after 

20 ‘‘engages in’’; 

21 (II) by inserting ‘‘or by’’ after 

22 ‘‘sexual contact with’’; 

23 (III) by inserting ‘‘, or attempts 

24 to do so,’’ after ‘‘other person’s per25 mission’’; and 


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1 (IV) by striking ‘‘two’’ and in2 serting ‘‘2’’; and 

3 (iii) in subsection (c), by striking ‘‘If 

4 the sexual contact that violates this section 

5 (other than subsection (a)(5)) is with an 

6 individual’’ and inserting ‘‘If the sexual 

7 contact or attempted sexual contact that a 

8 person engages in or causes in violation of 

9 this section (other than subsection 

10 (a)(1)(E)) is with or by an individual’’; 

11 and 

12 (B) in section 2246(2), by inserting after 

13 ‘‘16 years’’ the following: ‘‘, or of any person by 

14 a person who has not attained the age of 16 

15 years,’’; and 

16 (3) in chapter 110— 

17 (A) in section 2251— 

18 (i) by striking subsections (a) and (b) 

19 and inserting the following: 

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

21 subsection (f), engages in any of the following conduct 

22 shall be punished as provided under subsection (e): 

23 ‘‘(1) Employs, uses, persuades, induces, entices, 

24 or coerces a minor to engage in any sexually explicit 

25 conduct for the purpose of producing any visual deVerDate Sep 11 2014 03:14 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1170.IS S1170

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•S 1170 IS

1 piction of such conduct or transmitting a live visual 

2 depiction of such conduct. 

3 ‘‘(2) Employs, uses, persuades, induces, entices, 

4 or coerces a minor to engage in any sexually explicit 

5 conduct and in the course thereof, knowingly pro6 duces or causes to be produced any visual depiction 

7 of such conduct, or transmits or causes to be trans8 mitted a live visual depiction of such conduct. 

9 ‘‘(3) Engages in sexually explicit conduct in the 

10 presence of a minor for the purpose of producing 

11 any visual depiction of such conduct or transmitting 

12 a live visual depiction of such conduct, intending 

13 that the minor be included in such visual depiction. 

14 ‘‘(4) Engages in sexually explicit conduct in the 

15 presence of a minor and in the course thereof, know16 ingly produces or causes to be produced any visual 

17 depiction of such conduct, or transmits or causes to 

18 be transmitted a live visual depiction of such con19 duct, intentionally including the minor in such visual 

20 depiction. 

21 ‘‘(5) Has a minor assist any other person to en22 gage in any sexually explicit conduct during the 

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

24 through (4) of this subsection. 


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•S 1170 IS

1 ‘‘(6) Transports any minor in or affecting inter2 state or foreign commerce with the intent that such 

3 minor be used in the production or live transmission 

4 of any visual depiction of a minor engaged in any 

5 sexually explicit conduct. 

6 ‘‘(b) Any parent, legal guardian, or person who has 

7 custody or control of a minor and, in a circumstance de8 scribed in subsection (f), engages in any of the following 

9 conduct shall be punished as provided under subsection 

10 (e): 

11 ‘‘(1) Knowingly permits such minor to engage 

12 in, or to assist any other person to engage in, sexu13 ally explicit conduct— 

14 ‘‘(A) for the purpose of producing any vis15 ual depiction of such conduct or transmitting a 

16 live visual depiction of such conduct; or 

17 ‘‘(B) knowing that any visual depiction of 

18 such conduct will be produced or transmitted. 

19 ‘‘(2) Knowingly permits an adult to engage in 

20 sexually explicit conduct in the presence of the 

21 minor— 

22 ‘‘(A) for the purpose of producing any vis23 ual depiction of such conduct or transmitting a 

24 live visual depiction of such conduct, intending 


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29 

•S 1170 IS

1 that the minor be included in such visual depic2 tion; or 

3 ‘‘(B) knowing that any visual depiction of 

4 such conduct will be produced or transmitted, 

5 intentionally including the minor in such visual 

6 depiction.’’; 

7 (ii) in subsection (c)— 

8 (I) in paragraph (1)— 

9 (aa) by striking ‘‘employs, 

10 uses, persuades, induces, entices, 

11 or coerces any minor to engage 

12 in, or who has a minor assist any 

13 other person to engage in, any 

14 sexually explicit conduct’’ and in15 serting ‘‘engages in any of the 

16 conduct described in paragraphs 

17 (1) through (5) of subsection 

18 (a)’’; and 

19 (bb) by striking ‘‘for the 

20 purpose of producing any visual 

21 depiction of such conduct,’’; and 

22 (II) in paragraph (2)— 

23 (aa) in subparagraph (A), 

24 by inserting ‘‘or transmitted’’ 

25 after ‘‘transported’’; and 


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•S 1170 IS

1 (bb) in subparagraph (B) by 

2 inserting ‘‘or transmits’’ after 

3 ‘‘transports’’; 

4 (iii) in subsection (d)(1), by striking 

5 subparagraph (A) and inserting the fol6 lowing: 

7 ‘‘(A) to receive, exchange, buy, produce, 

8 display, distribute, or reproduce, any visual de9 piction, if— 

10 ‘‘(i) the production of such visual de11 piction involves the use of a minor engag12 ing in sexually explicit conduct and such 

13 visual depiction is of such conduct; or 

14 ‘‘(ii) the production of such visual de15 piction involves an adult engaging in sexu16 ally explicit conduct in the presence of a 

17 minor, such visual depiction is of such con18 duct, and the minor is intentionally in19 cluded in the visual depiction; or’’; and 

20 (iv) by adding at the end the fol21 lowing: 

22 ‘‘(f) CIRCUMSTANCES.—The circumstance referred to 

23 in subsections (a) and (b) is that— 

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

25 that the visual depiction will be— 


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•S 1170 IS

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; 

7 ‘‘(2) the visual depiction was produced or trans8 mitted using materials that have been— 

9 ‘‘(A) mailed; or 

10 ‘‘(B) shipped or transported in or affecting 

11 interstate or foreign commerce by any means, 

12 including by computer; 

13 ‘‘(3) the visual depiction has actually been— 

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; or 

20 ‘‘(4) any part of the offense occurred in a terri21 tory or possession of the United States or within the 

22 special maritime and territorial jurisdiction of the 

23 United States.’’; 

24 (B) in section 2251A— 

25 (i) in subsection (a)— 


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•S 1170 IS

1 (I) in the matter preceding para2 graph (1), by inserting ‘‘ or control’’ 

3 after ‘‘transfer custody’’; 

4 (II) by striking paragraph (1) 

5 and inserting the following: 

6 ‘‘(1) with knowledge that, as a consequence of 

7 the sale or transfer, the minor will be— 

8 ‘‘(A) portrayed in any visual depiction en9 gaging in, or assisting another person to engage 

10 in, sexually explicit conduct; or 

11 ‘‘(B) intentionally included in any visual 

12 depiction of an adult engaging in sexually ex13 plicit conduct in the presence of the minor; or’’; 

14 and 

15 (III) in paragraph (2)— 

16 (aa) in the matter preceding 

17 subparagraph (A), by striking 

18 ‘‘either’’; 

19 (bb) in subparagraph (A), 

20 by striking ‘‘or’’ at the end; 

21 (cc) in subparagraph (B), by 

22 adding ‘‘or’’ at the end; and 

23 (dd) by inserting after sub24 paragraph (B) the following: 


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•S 1170 IS

1 ‘‘(C) the intentional inclusion of the minor 

2 in any visual depiction of an adult engaging in 

3 sexually explicit conduct in the presence of the 

4 minor;’’ and 

5 (ii) in subsection (b)— 

6 (I) by striking paragraph (1) and 

7 inserting the following: 

8 ‘‘(1) with knowledge that, as a consequence of 

9 the purchase or obtaining of custody or control, the 

10 minor will be— 

11 ‘‘(A) portrayed in any visual depiction en12 gaging in, or assisting another person to engage 

13 in, sexually explicit conduct; or 

14 ‘‘(B) intentionally included in any visual 

15 depiction of an adult engaging in sexually ex16 plicit conduct in the presence of the minor; or’’; 

17 and 

18 (II) in paragraph (2)— 

19 (aa) in the matter preceding 

20 subparagraph (A), by striking 

21 ‘‘either’’; 

22 (bb) in subparagraph (A), 

23 by striking ‘‘or’’ at the end; 

24 (cc) in subparagraph (B), by 

25 adding ‘‘or’’ at the end; and 


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•S 1170 IS

1 (dd) by inserting after sub2 paragraph (B) the following: 

3 ‘‘(C) the intentional inclusion of the minor 

4 in any visual depiction of an adult engaging in 

5 sexually explicit conduct in the presence of the 

6 minor;’’; 

7 (C) in section 2252(a)— 

8 (i) in paragraph (1), by striking sub9 paragraphs (A) and (B) and inserting the 

10 following: 

11 ‘‘(A) the producing of such visual depiction 

12 involves the use of a minor engaging in sexually 

13 explicit conduct and such visual depiction is of 

14 such conduct; or 

15 ‘‘(B) the producing of such visual depiction 

16 involves an adult engaging in sexually explicit 

17 conduct in the presence of a minor, such visual 

18 depiction is of such conduct, and the minor is 

19 intentionally included in the visual depiction;’’; 

20 (ii) in paragraph (2), by striking sub21 paragraphs (A) and (B) and inserting the 

22 following: 

23 ‘‘(A) the producing of such visual depiction 

24 involves the use of a minor engaging in sexually 


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•S 1170 IS

1 explicit conduct and such visual depiction is of 

2 such conduct; or 

3 ‘‘(B) the producing of such visual depiction 

4 involves an adult engaging in sexually explicit 

5 conduct in the presence of a minor, such visual 

6 depiction is of such conduct, and the minor is 

7 intentionally included in the visual depiction;’’; 

8 (iii) in paragraph (3)(B), by striking 

9 clauses (i) and (ii) and inserting the fol10 lowing: 

11 ‘‘(i) the producing of such visual de12 piction involves the use of a minor engag13 ing in sexually explicit conduct and such 

14 visual depiction is of such conduct; or 

15 ‘‘(ii) the producing of such visual de16 piction involves an adult engaging in sexu17 ally explicit conduct in the presence of a 

18 minor, such visual depiction is of such con19 duct, and the minor is intentionally in20 cluded in the visual depiction;’’; and 

21 (iv) in paragraph (4)(B), by striking 

22 clauses (i) and (ii) and inserting the fol23 lowing: 

24 ‘‘(i) the producing of such visual de25 piction involves the use of a minor engagVerDate Sep 11 2014 03:14 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1170.IS S1170

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•S 1170 IS

1 ing in sexually explicit conduct and such 

2 visual depiction is of such conduct; or 

3 ‘‘(ii) the producing of such visual de4 piction involves an adult engaging in sexu5 ally explicit conduct in the presence of a 

6 minor, such visual depiction is of such con7 duct, and the minor is intentionally in8 cluded in the visual depiction;’’; 

9 (D) in section 2256— 

10 (i) in paragraph (8)— 

11 (I) by striking subparagraph (A) 

12 and inserting the following: 

13 ‘‘(A) the production of such visual depic14 tion involves— 

15 ‘‘(i) the use of a minor engaging in 

16 sexually explicit conduct; or 

17 ‘‘(ii) an adult engaging in sexually ex18 plicit conduct in the presence of a minor 

19 and the intentional inclusion of the minor 

20 in the visual depiction;’’ and 

21 (II) in subparagraph (B), by in22 serting after ‘‘sexually explicit con23 duct’’ the following: ‘‘or that of a 

24 minor intentionally included in such 


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•S 1170 IS

1 visual depiction of an adult engaging 

2 in sexually explicit conduct’’; and 

3 (III) in subparagraph (C), by in4 serting after ‘‘sexually explicit con5 duct.’’ the following: ‘‘or is inten6 tionally included in such visual depic7 tion of an adult engaging in sexually 

8 explicit conduct’’; 

9 (ii) in paragraph (9), by striking the 

10 period at the end and inserting a semi11 colon; 

12 (iii) in paragraph (10), by striking 

13 ‘‘and’’ at the end; 

14 (iv) in paragraph (11), by striking the 

15 period at the end and inserting ‘‘; and’’; 

16 and 

17 (v) adding at the end the following: 

18 ‘‘(12) the terms ‘uses any minor to engage in’, 

19 ‘the use of a minor engaging in’, and ‘in the pres20 ence of a minor’ do not require— 

21 ‘‘(A) the minor to be aware of, or to be ca22 pable of appraising the nature of, the sexually 

23 explicit conduct; or 


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•S 1170 IS

1 ‘‘(B) any direct engagement or active par2 ticipation by the minor in the sexually explicit 

3 conduct.’’; and 

4 (E) in section 2260— 

5 (i) by striking subsection (a) and in6 serting the following: 

7 ‘‘(a) USE OF MINOR.—A person who, outside the 

8 United States, engages in any of the following conduct, 

9 intending that the visual depiction will be imported or 

10 transmitted into the United States or into waters within 

11 12 miles of the coast of the United States, shall be pun12 ished as provided in subsection (c): 

13 ‘‘(1) Employs, uses, persuades, induces, entices, 

14 or 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) Employs, uses, persuades, induces, entices, 

19 or coerces a minor to engage in any sexually explicit 

20 conduct and in the course thereof, knowingly pro21 duces or causes to be produced any visual depiction 

22 of such conduct, or transmits or causes to be trans23 mitted a live visual depiction of such conduct. 

24 ‘‘(3) Engages in sexually explicit conduct in the 

25 presence of a minor for the purpose of producing 


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•S 1170 IS

1 any visual depiction of such conduct or transmitting 

2 a live visual depiction of such conduct, intending 

3 that the minor be included in such visual depiction. 

4 ‘‘(4) Engages in sexually explicit conduct in the 

5 presence of a minor and in the course thereof, know6 ingly produces or causes to be produced any visual 

7 depiction of such conduct, or transmits or causes to 

8 be transmitted a live visual depiction of such con9 duct, intentionally including the minor in such visual 

10 depiction. 

11 ‘‘(5) Has a minor assist any other person to en12 gage in any sexually explicit conduct during the 

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

14 through (4) of this subsection. 

15 ‘‘(6) Transports any minor in or affecting for16 eign commerce with the intent that such minor be 

17 used in the production or live transmission of any 

18 visual depiction of a minor engaged in any sexually 

19 explicit conduct.’’; and 

20 (ii) in subsection (b), by striking ‘‘vis21 ual depiction of a minor engaging in sexu22 ally explicit conduct (if the production of 

23 the visual depiction involved the use of a 

24 minor engaging in sexually explicit con25 duct), intending that the visual depiction’’ 


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•S 1170 IS

1 and inserting ‘‘child pornography (as de2 fined in section 2256(8)(A)), intending 

3 that the child pornography’’. 

Æ 


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