225 
(C) INTERNET.—The term ‘‘Internet’’ means 
the combination of computer facilities and elec-
tromagnetic transmission media, and related 
equipment and software, comprising the inter-
connected worldwide network of computer net-
works that employ the Internet protocol or any 
successor protocol to transmit information. 
(D) INTERNET ACCESS SERVICE.—The term 
‘‘Internet access service’’ means a service that en-
ables users to access content, information, elec-
tronic mail, or other services offered over the 
Internet and may also include access to propri-
etary content, information, and other services as 
part of a package of services offered to the public 
other than telecommunications service (as de-
fined in section 3(46) of the Communications Act 
of 1934 (47 U.S.C. 153(46))). 
(5) PENALTY.—Violation of this subsection is 
punishable by a fine under title 18, United States 
Code, or imprisonment for not more than 5 years, or 
both. 
(c) PROHIBITION ON DECEPTIVE WEBSITE DEVICES 
TO TRICK INDIVIDUALS INTO ACCESSING MATTER THAT IS 
OBSCENE OR HARMFUL TO CHILDREN.— 
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226 
(1) IN GENERAL.—Chapter 110 of title 18, 
United States Code, is amended by inserting after sec-
tion 2252B the following: 
‘‘§ 2252C. Misleading words or images on the Internet 
‘‘(a) IN GENERAL.— 
‘‘(1) MATTER THAT IS OBSCENE.—It is unlawful 
for any person knowingly to embed words, symbols, or 
digital images into the source code of a website with 
the intent to deceive another person into viewing ma-
terial that is obscene. 
‘‘(2) MATTER
THAT
IS
HARMFUL
TO
CHIL-
DREN.—It is unlawful for any person knowingly to 
embed words, symbols, or digital images into the 
source code of a website with the intent to deceive a 
minor into viewing material that is harmful to mi-
nors. 
‘‘(3) IDENTIFIED MATTER NOT DECEPTIVE.—For 
purposes of this section, a word, symbol, or image 
that clearly indicates the sexual content of a website 
as sexual, pornographic, or similar terms shall not be 
considered to be misleading or deceptive. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) MATERIAL
HARMFUL
TO
MINORS.—The 
term ‘material that is harmful to minors’ means a 
communication consisting of nudity, sex, or excretion 
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227 
that, taken as a whole and with reference to its con-
tent— 
‘‘(A) predominantly appeals to a prurient 
interest of a minor; 
‘‘(B) is patently offensive to prevailing 
standards in the adult community as a whole 
with respect to what is suitable material for mi-
nors; and 
‘‘(C) lacks serious literary, artistic, polit-
ical, or scientific value for minors. 
‘‘(2) SEX.—The term ‘sex’ means acts of mas-
turbation, sexual intercourse, or physical contact with 
a person’s genitals, or the condition of human male 
or female genitals when in a state of sexual stimula-
tion or arousal. 
‘‘(3) SOURCE
CODE.—The term ‘source code’ 
means the combination of text and other characters 
comprising 
the 
content, 
both 
viewable 
and 
nonviewable, of a web page, including any website 
publishing language, programming language, pro-
tocol, or functional content. 
‘‘(c) PENALTIES.— 
‘‘(1) OBSCENE
MATERIAL.—Violation of sub-
section (a)(1) is punishable by a fine under this title, 
or imprisonment for not more than 2 years, or both. 
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228 
‘‘(2) MATERIAL
HARMFUL
TO
MINORS.—Viola-
tion of subsection (a)(2) is punishable by a fine under 
this title, or imprisonment for not more than 4 years, 
or both.’’. 
(2) CONFORMING
AMENDMENT.—The chapter 
analysis for chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating 
to section 2252B the following: 
‘‘2252C. Misleading words or images on the Internet.’’. 
(d) CIVIL REMEDIES.— 
(1) IN GENERAL.—Section 2255(a) of title 18, 
United States Code, is amended— 
(A) by striking ‘‘(a) Any minor who is’’ in 
the first sentence and inserting ‘‘(a) IN GEN-
ERAL.—Any person who, while a minor, was’’; 
(B) by striking ‘‘such violation’’ in the first 
sentence and inserting ‘‘such violation, regardless 
of whether the injury occurred while such person 
was a minor,’’; 
(C) by striking ‘‘such minor’’ in the first 
sentence and inserting ‘‘such person’’; 
(D) by striking ‘‘Any minor’’ in the second 
sentence and inserting ‘‘Any person’’; and 
(E) by striking ‘‘$50,000’’ in the second sen-
tence and inserting ‘‘$150,000’’. 
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