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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 Con-
necticut, 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. µ
This Act may be cited as the ‘‘Child Modeling Exploi-
tation Prevention Act’’.×
SEC. 2. FINDINGS. µ
The Congress finds the following:×
(1) The use of children in the production of 
exploitive child modeling, including on Internet 
websites, in photographs, films, videos, and other 
visual depictions, is a form of child abuse that can 
result in physical and psychological harm to the chil-
dren involved. ×
(2) Exploitive child modeling is different from 
other, legitimate, child modeling because exploitive 
child modeling involves marketing the child himself 
or herself in lascivious positions and acts, rather 
than actually marketing products to average Amer-
ican consumers. ×
(3) The purpose of exploitive child modeling is 
to satisfy the demand of pedophiles. ×
(4) Unlike legitimate child modeling, exploitive 
child modeling may involve a direct and personal 
interaction between the child model and the
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pedophile. The pedophile often knows the child’s 
name and has a way of communicating with the 
child. ×
(5) The interaction between the exploited child 
model and the pedophile can lead the child to trust 
pedophiles and to believe that it is acceptable and 
safe to meet with pedophiles in private. ×
(6) Over 70 percent of convicted pedophiles 
have used child pornography or exploitive child mod-
eling depictions to whet their sexual appetites. Be-
cause children are used in its production, exploitive 
child modeling can place the child in danger of being 
abducted, abused, or murdered by the pedophiles 
who view such depictions. ×
(7) These exploitive exhibitions of children are 
unacceptable by social standards and lead to a direct 
harm to the children involved. ×
SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. µ
(a) PROHIBITION ON EMPLOYMENT.—Section 12 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 212) 
is amended by adding at the end the following:×
‘‘(e)(1) No employer may employ a child model in 
exploitive child modeling.×
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‘‘(2) Notwithstanding section 16(a), whoever violates 
paragraph (1) shall be fined under title 18 or imprisoned 
not more than 10 years, or both.×
‘‘(3)(A) In this subsection, the term ‘exploitive child 
modeling’ means modeling involving the use of a child 
under 17 years old for financial gain without the purpose 
of marketing a product or service other than the image 
of the child.×
‘‘(B) Such term applies to any such use, regardless 
of whether the employment relationship of the child is di-
rect or indirect, or contractual or noncontractual, or is 
termed that of an independent contractor.×
‘‘(C) Such term does not apply to an image which, 
taken as a whole, has serious literary, artistic, political, 
or scientific value.’’.×
(b) OPPRESSIVE CHILD LABOR.—Section 3(l) of such 
Act (29 U.S.C. 203(l)) is amended—×
(1) by striking ‘‘(1) any’’ and inserting ‘‘(A) 
any’’;×
(2) by striking ‘‘(2) any’’ and inserting ‘‘(B) 
any’’;×
(3) by inserting ‘‘(1)’’ after ‘‘(l)’’; and×
(4) by adding at the end the following new 
paragraph:×
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‘‘(2) Such term includes employment of a minor in 
violation of section 12(e)(1).’’.×
SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. µ
(a) IN GENERAL.—110 of title 18, United States 
Code, is amended by inserting after section 2252A the fol-
lowing:×
‘‘2252B. Exploitive child modelingµ
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), whoever, in or affecting interstate or foreign com-
merce, with the intent to make a financial gain thereby—
displays or offers to provide the image of an individual 
engaged in exploitive child modeling (as defined in section 
12(e) of the Fair Labor Standards Act of 1938) shall be 
fined under this title or imprisoned not more than 10 
years, or both.×
‘‘(b) EXCEPTION.—This section does not apply to an 
image which, taken as a whole, has serious literary, artis-
tic, political, or scientific value.’’.×
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 2252A the following:×××
‘‘2252B. Exploitive child modeling.’’.×
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