Preventing Child Sex Abuse Act of 2023

Subjects: Crime and Law Enforcement, Crimes against children, Criminal procedure and sentencing, Domestic violence and child abuse, Social work, volunteer service, charitable organizations

Summary:  <p><b>Preventing Child Sex Abuse Act of 2023</b></p> <p>This bill makes changes to the federal law prohibiting child sexual tourism. </p> <p>First, the bill revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct. Specifically, this bill requires the government to prove that an individual traveled (or facilitated travel) with the intent to engage in illicit sexual conduct (currently, with a motivating purpose of engaging in illicit sexual conduct). Further, it specifies that the term <i>intent</i> is to be construed as any intention to engage in illicit sexual conduct at the time of the travel. </p> <p>Second, the bill establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through his or her connection to or affiliation with the organization. A violation is subject to a fine, a prison term of up to 30 years, or both. </p> <p>Finally, the bill specifies that the term <i>sexual activity for which any person can be charged with a criminal offense</i> does not require interpersonal physical contact. </p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 454 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 454

  To protect children against sexual abuse and exploitation, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2023

  Mr. Burchett (for himself and Mr. Cuellar) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To protect children against sexual abuse and exploitation, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Child Sex Abuse Act of 
2023''.

SEC. 2. SENSE OF CONGRESS.

    The sense of Congress is the following:
            (1) The safety of children should be a top priority for 
        public officials and communities in the United States.
            (2) According to the Rape, Abuse & Incest National Network, 
        an individual in the United States is sexually assaulted every 
        68 seconds. And every 9 minutes, that victim is a child. 
        Meanwhile, only 25 out of every 1,000 perpetrators will end up 
        in prison.
            (3) The effects of child sexual abuse can be long-lasting 
        and affect the victim's mental health.
            (4) Victims are more likely than non-victims to experience 
        the following mental health challenges:
                    (A) Victims are about 4 times more likely to 
                develop symptoms of drug abuse.
                    (B) Victims are about 4 times more likely to 
                experience post-traumatic stress disorder as adults.
                    (C) Victims are about 3 times more likely to 
                experience a major depressive episode as adults.
            (5) The criminal justice system should and has acted as an 
        important line of defense to protect children and hold 
        perpetrators accountable.
            (6) However, the horrific crimes perpetuated by Larry 
        Nassar demonstrate firsthand the loopholes that still exist in 
        the criminal justice system. While Larry Nassar was found 
        guilty of several State-level offenses, he was not charged 
        federally for his illicit sexual contact with minors, despite 
        crossing State and international borders to commit this 
        conduct.
            (7) The Department of Justice has also identified a growing 
        trend of Americans who use charitable or missionary work in a 
        foreign country as a cover for sexual abuse of children.
            (8) It is the intent of Congress to prohibit Americans from 
        engaging in sexual abuse or exploitation of minors under the 
        guise of work, including volunteer work, with an organization 
        that affects interstate or foreign commerce, such as an 
        international charity.
            (9) Federal law does not require that an abuser's intention 
        to engage in sexual abuse be a primary, significant, dominant, 
        or motivating purpose of the travel.
            (10) Child sexual abuse does not require physical contact 
        between the abuser and the child. This is especially true as 
        perpetrators turn increasingly to internet platforms, online 
        chat rooms, and webcams to commit child sexual abuse.
            (11) However, a decision of the United States Court of 
        Appeals for the Seventh Circuit found the use of a webcam to 
        engage in sexually provocative activity with a minor did not 
        qualify as ``sexual activity''.
            (12) Congress can address this issue by amending the 
        definition of the term ``sexual activity'' to clarify that it 
        does not require interpersonal, physical contact.
            (13) It is the duty of Congress to provide clearer guidance 
        to ensure that those who commit crimes against children are 
        prosecuted to the fullest extent of the law.

SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.

    Section 2423 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``with a motivating 
        purpose of engaging in any illicit sexual conduct with another 
        person'' and inserting ``with intent to engage in any illicit 
        sexual conduct with another person'';
            (2) by redesignating subsections (d), (e), (f), and (g) as 
        subsections (e), (f), (g), and (i), respectively;
            (3) in subsection (e), as so redesignated, by striking 
        ``with a motivating purpose of engaging in any illicit sexual 
        conduct'' and inserting ``with intent to engage in any illicit 
        sexual conduct''; and
            (4) by inserting after subsection (g), as so redesignated, 
        the following:
    ``(h) Rule of Construction.--As used in this section, the term 
`intent' shall be construed as any intention to engage in illicit 
sexual conduct at the time of the travel.''.

SEC. 4. ABUSE UNDER THE GUISE OF CHARITY.

    Section 2423 of title 18, United States Code, as amended by section 
3 of this Act, is amended--
            (1) by inserting after subsection (c) the following:
    ``(d) Illicit Sexual Conduct in Connection With Certain 
Organizations.--Any citizen of the United States or alien admitted for 
permanent residence who--
            ``(1) is an officer, director, employee, or agent of an 
        organization that affects interstate or foreign commerce;
            ``(2) makes use of the mails or any means or 
        instrumentality of interstate or foreign commerce through the 
        connection or affiliation of the person with such organization; 
        and
            ``(3) commits an act in furtherance of illicit sexual 
        conduct through the connection or affiliation of the person 
        with such organization,
shall be fined under this title, imprisoned for not more than 30 years, 
or both.'';
            (2) in subsection (f), as so redesignated, by striking ``or 
        (d)'' and inserting ``(d), or (e)''; and
            (3) in subsection (i), as so redesignated, by striking 
        ``(f)(2)'' and inserting ``(g)(2)''.

SEC. 5. SEXUAL ACTIVITY WITH MINORS.

    Section 2427 of title 18, United States Code, is amended by 
inserting ``does not require interpersonal physical contact, and'' 
before ``includes''.
                                 &lt;all&gt;
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