II 

112TH CONGRESS 

2D SESSION S. 3456 

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

and child exploitation offenses. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2012 

Mr. BLUMENTHAL (for himself, Mr. WHITEHOUSE, and Mr. CORNYN) introduced the following bill; which was read twice and 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 ‘‘Child Protection Act 

5 of 2012’’. 

6 SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD 

7 PORNOGRAPHY. 

8 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL

9 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

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


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 3456 IS

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

2 visual depiction involved in the offense involved a pre3 pubescent minor or a minor who had not attained 12 years 

4 of age, such person shall be fined under this title and im5 prisoned for not more than 20 years, or if’’. 

6 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

7 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

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

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

10 image of child pornography involved in the offense in11 volved a prepubescent minor or a minor who had not at12 tained 12 years of age, such person shall be fined under 

13 this title and imprisoned for not more than 20 years, or 

14 if’’. 

15 SEC. 3. PROTECTION OF CHILD WITNESSES. 

16 (a) CIVIL ACTION TO RESTRAIN HARASSMENT OF A

17 VICTIM OR WITNESS.—Section 1514 of title 18, United 

18 States Code, is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

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

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

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

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

25 appears; 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 3456 IS

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, 

7 the court shall issue a protective order prohibiting 

8 harassment or intimidation of the minor victim or 

9 witness if the court finds evidence that the conduct 

10 at issue is reasonably likely to adversely affect the 

11 willingness of the minor witness or victim to testify 

12 or otherwise participate in the Federal criminal case 

13 or investigation. Any hearing regarding a protective 

14 order under this paragraph shall be conducted in ac15 cordance with paragraphs (1) and (3), except that 

16 the court may issue an ex parte emergency protec17 tive order in advance of a hearing if exigent cir18 cumstances are present. If such an ex parte order is 

19 applied for or issued, the court shall hold a hearing 

20 not later than 14 days after the date such order was 

21 applied for or is issued.’’; 

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

23 by striking ‘‘(and not by reference to the com24 plaint or other document)’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 3456 IS

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

2 in the second sentence, by inserting before the 

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

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

5 court may order that such protective order ex6 pires on the later of 3 years after the date of 

7 issuance or the date of the eighteenth birthday 

8 of that minor victim or witness’’; and 

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

10 following: 

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

12 attempts to violate an order issued under this section shall 

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

14 years, or both. 

15 ‘‘(d)(1) As used in this section— 

16 ‘‘(A) the term ‘course of conduct’ means a se17 ries of acts over a period of time, however short, in18 dicating a continuity of purpose; 

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

20 or course of conduct directed at a specific person 

21 that— 

22 ‘‘(i) causes substantial emotional distress 

23 in such person; and 

24 ‘‘(ii) serves no legitimate purpose; 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 3456 IS

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

2 the meaning given that term in section 115 and in3 cludes grandchildren; 

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

5 act or course of conduct directed at a specific person 

6 that— 

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

8 person; and 

9 ‘‘(ii) serves no legitimate purpose; 

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

11 has the meaning given that term in section 119; 

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

13 of threatening, retaliatory, harassing, or violent con14 duct that is reasonably likely to influence the will15 ingness of a victim or witness to testify or partici16 pate in a Federal criminal case or investigation; and 

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

18 or witness in a Federal criminal case or investiga19 tion, and includes an immediate family member of 

20 such a victim or witness. 

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

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

23 to rebuttal by the person, that the distribution or publica24 tion using the Internet of a photograph of, or restricted 

25 personal information regarding, a specific person serves 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 3456 IS

1 no legitimate purpose, unless that use is authorized by 

2 that specific person, is for news reporting purposes, is de3 signed to locate that specific person (who has been re4 ported to law enforcement as a missing person), or is part 

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

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

7 security investigation.’’. 

8 (b) SENTENCING GUIDELINES.—Pursuant to its au9 thority under section 994 of title 28, United States Code, 

10 and in accordance with this section, the United States 

11 Sentencing Commission shall review and, if appropriate, 

12 amend the Federal sentencing guidelines and policy state13 ments to ensure— 

14 (1) that the guidelines provide an additional 

15 penalty increase above the sentence otherwise appli16 cable in Part J of Chapter 2 of the Guidelines Man17 ual if the defendant was convicted of a violation of 

18 section 1591 of title 18, United States Code, or 

19 chapters 109A, 109B, 110, or 117 of title 18, 

20 United States Code; and 

21 (2) if the offense described in paragraph (1) in22 volved causing or threatening to cause physical in23 jury to a person under 18 years of age, in order to 

24 obstruct the administration of justice, an additional 

25 penalty increase above the sentence otherwise appliVerDate Mar 15 2010 03:56 Aug 01, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3456.IS S3456

smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 3456 IS

1 cable in Part J of Chapter 2 of the Guidelines Man2 ual. 

3 SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGI4 TIVE SEX OFFENDERS. 

5 (a) ADMINISTRATIVE SUBPOENAS.— 

6 (1) IN GENERAL.—Section 3486(a)(1) of title 

7 18, United States Code, is amended— 

8 (A) in subparagraph (A)— 

9 (i) in clause (i), by striking ‘‘or’’ at 

10 the end; 

11 (ii) by redesignating clause (ii) as 

12 clause (iii); and 

13 (iii) by inserting after clause (i) the 

14 following: 

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

16 the United States Marshals Service, the Director of 

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

18 (B) in subparagraph (D)— 

19 (i) by striking ‘‘paragraph, the term’’ 

20 and inserting the following: ‘‘paragraph— 

21 ‘‘(i) the term’’; 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 3456 IS

1 ‘‘(ii) the term ‘sex offender’ means an indi2 vidual required to register under the Sex Offender 

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

4 et seq.).’’. 

5 (2) TECHNICAL AND CONFORMING AMEND6 MENTS.—Section 3486(a) of title 18, United States 

7 Code, is amended— 

8 (A) in paragraph (6)(A), by striking 

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

10 (B) in paragraph (9), by striking 

11 ‘‘(1)(A)(ii)’’ and inserting ‘‘(1)(A)(iii)’’; and 

12 (C) in paragraph (10), by striking ‘‘para13 graph (1)(A)(ii)’’ and inserting ‘‘paragraph 

14 (1)(A)(iii)’’. 

15 (b) JUDICIAL SUBPOENAS.—Section 566(e)(1) of 

16 title 28, United States Code, is amended— 

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

18 the end; 

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

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

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

22 ‘‘(C) issue administrative subpoenas in accord23 ance with section 3486 of title 18, solely for the pur24 pose of investigating unregistered sex offenders (as 

25 defined in such section 3486).’’. 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 3456 IS

1 SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING 

2 COURSES FOR ICAC TASK FORCES. 

3 Section 102(b)(4)(B) of the PROTECT Our Children 

4 Act of 2008 (42 U.S.C. 17612(b)(4)(B)) is amended by 

5 striking ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 

6 SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOI7 TATION PREVENTION AND INTERDICTION. 

8 Section 101(d)(1) of the PROTECT Our Children 

9 Act of 2008 (42 U.S.C. 17611(d)(1)) is amended— 

10 (1) by striking ‘‘to be responsible’’ and insert11 ing the following: ‘‘with experience in investigating 

12 or prosecuting child exploitation cases as the Na13 tional Coordinator for Child Exploitation Prevention 

14 and Interdiction who shall be responsible’’; and 

15 (2) by adding at the end the following: ‘‘The 

16 National Coordinator for Child Exploitation Preven17 tion and Interdiction shall be a position in the Sen18 ior Executive Service.’’. 

19 SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES. 

20 Section 107(a) of the PROTECT Our Children Act 

21 of 2008 (42 U.S.C. 17617(a)) is amended— 

22 (1) in paragraph (4), by striking ‘‘and’’; 

23 (2) in paragraph (5), by striking the period at 

24 the end; and 

25 (3) by inserting after paragraph (5) the fol26 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 3456 IS

1 ‘‘(6) $60,000,000 for fiscal year 2014; 

2 ‘‘(7) $60,000,000 for fiscal year 2015; 

3 ‘‘(8) $60,000,000 for fiscal year 2016; 

4 ‘‘(9) $60,000,000 for fiscal year 2017; and 

5 ‘‘(10) $60,000,000 for fiscal year 2018.’’. 

6 SEC. 8. CLARIFICATION OF ‘‘HIGH-PRIORITY SUSPECT’’. 

7 Section 105(e)(1)(B)(i) of the PROTECT Our Chil8 dren Act of 2008 (42 U.S.C. 17615(e)(1)(B)(i)) is amend9 ed by striking ‘‘the volume’’ and all that follows through 

10 ‘‘or other’’. 

11 SEC. 9. REPORT TO CONGRESS. 

12 Not later than 90 days after the date of enactment 

13 of this Act, the Attorney General shall submit to the Com14 mittee on the Judiciary of the House of Representatives 

15 and the Committee on the Judiciary of the Senate a report 

16 on the status of the Attorney General’s establishment of 

17 the National Internet Crimes Against Children Data Sys18 tem required to be established under section 105 of the 

19 PROTECT Our Children Act of 2008 (42 U.S.C. 17615). 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS