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108TH CONGRESS

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1ST SESSION× H. R. 756μ

To protect children from exploitive child modeling, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES×

FEBRUARY 13, 2003×

Mr. FOLEY (for himself, Mr. LAMPSON, Mr. DELAY, Mrs. JOHNSON of Connecticut, Mr. POMEROY, Mr. GREEN of Wisconsin, Mr. JONES of North 

Carolina, Mr. SHIMKUS, Mr. BACA, Mr. SIMMONS, Mr. FROST, Mr. KIRK, 

Mr. FORBES, Mr. MCINTYRE, Mr. BERRY, Mr. MOLLOHAN, Mr. WAMP, 

Mr. VISCLOSKY, Mr. MARIO DIAZ-BALART of Florida, Mr. BOOZMAN, Mr. 

CRENSHAW, Mr. KELLER, Ms. ROS-LEHTINEN, Mr. MCHUGH, Mr. 

MCNULTY, Mr. GORDON, Mr. STENHOLM, Mr. WELDON of Pennsylvania, 

Mr. KING of New York, Mr. PLATTS, Mr. BARRETT of South Carolina, 

Mr. BELL, Mr. CALVERT, Mr. BROWN of South Carolina, Mr. OSBORNE, 

and Mr. HOEKSTRA) introduced the following bill; which was referred to 

the Committee on Education and the Workforce, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned×

A BILLμ

To protect children from exploitive child modeling, 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,

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4 SECTION 1. SHORT TITLE. μ

5 This Act may be cited as the ‘‘Child Modeling Exploi6 tation Prevention Act’’.×

7 SEC. 2. FINDINGS. μ

8 The Congress finds the following:×

9 (1) The use of children in the production of 

10 exploitive child modeling, including on Internet 

11 websites, in photographs, films, videos, and other 

12 visual depictions, is a form of child abuse that can 

13 result in physical and psychological harm to the chil14 dren involved. ×

15 (2) Exploitive child modeling is different from 

16 other, legitimate, child modeling because exploitive 

17 child modeling involves marketing the child himself 

18 or herself in lascivious positions and acts, rather 

19 than actually marketing products to average Amer20 ican consumers. ×

21 (3) The purpose of exploitive child modeling is 

22 to satisfy the demand of pedophiles. ×

23 (4) Unlike legitimate child modeling, exploitive 

24 child modeling may involve a direct and personal 

25 interaction between the child model and the 
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1 pedophile. The pedophile often knows the child’s 

2 name and has a way of communicating with the 

3 child. ×

4 (5) The interaction between the exploited child 

5 model and the pedophile can lead the child to trust 

6 pedophiles and to believe that it is acceptable and 

7 safe to meet with pedophiles in private. ×

8 (6) Over 70 percent of convicted pedophiles 

9 have used child pornography or exploitive child mod10 eling depictions to whet their sexual appetites. Be11 cause children are used in its production, exploitive 

12 child modeling can place the child in danger of being 

13 abducted, abused, or murdered by the pedophiles 

14 who view such depictions. ×

15 (7) These exploitive exhibitions of children are 

16 unacceptable by social standards and lead to a direct 

17 harm to the children involved. ×

18 SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. μ

19 (a) PROHIBITION ON EMPLOYMENT.—Section 12 of 

20 the Fair Labor Standards Act of 1938 (29 U.S.C. 212) 

21 is amended by adding at the end the following:×

22 ‘‘(e)(1) No employer may employ a child model in 

23 exploitive child modeling.×
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1 ‘‘(2) Notwithstanding section 16(a), whoever violates 

2 paragraph (1) shall be fined under title 18 or imprisoned 

3 not more than 10 years, or both.×

4 ‘‘(3)(A) In this subsection, the term ‘exploitive child 

5 modeling’ means modeling involving the use of a child 

6 under 17 years old for financial gain without the purpose 

7 of marketing a product or service other than the image 

8 of the child.×

9 ‘‘(B) Such term applies to any such use, regardless 

10 of whether the employment relationship of the child is di11 rect or indirect, or contractual or noncontractual, or is 

12 termed that of an independent contractor.×

13 ‘‘(C) Such term does not apply to an image which, 

14 taken as a whole, has serious literary, artistic, political, 

15 or scientific value.’’.×

16 (b) OPPRESSIVE CHILD LABOR.—Section 3(l) of such 

17 Act (29 U.S.C. 203(l)) is amended—×

18 (1) by striking ‘‘(1) any’’ and inserting ‘‘(A) 

19 any’’;×

20 (2) by striking ‘‘(2) any’’ and inserting ‘‘(B) 

21 any’’;×

22 (3) by inserting ‘‘(1)’’ after ‘‘(l)’’; and×

23 (4) by adding at the end the following new 

24 paragraph:×
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1 ‘‘(2) Such term includes employment of a minor in 

2 violation of section 12(e)(1).’’.×

3 SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. μ

4 (a) IN GENERAL.—110 of title 18, United States 

5 Code, is amended by inserting after section 2252A the fol6 lowing:×

7 ‘‘2252B. Exploitive child modelingμ

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (b), whoever, in or affecting interstate or foreign com10 merce, with the intent to make a financial gain thereby—

11 displays or offers to provide the image of an individual 

12 engaged in exploitive child modeling (as defined in section 

13 12(e) of the Fair Labor Standards Act of 1938) shall be 

14 fined under this title or imprisoned not more than 10 

15 years, or both.×

16 ‘‘(b) EXCEPTION.—This section does not apply to an 

17 image which, taken as a whole, has serious literary, artis18 tic, political, or scientific value.’’.×

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 110 of title 18, United States 

21 Code, is amended by inserting after the item relating to 

22 section 2252A the following:×××

‘‘2252B. Exploitive child modeling.’’.×

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