I 
118TH CONGRESS 
1ST SESSION H. R. 2661 
To reauthorize and update the Project Safe Childhood program, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2023 
Ms. WASSERMAN SCHULTZ (for herself and Mr. HUNT) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To reauthorize and update the Project Safe Childhood 
program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Project Safe Childhood 
Act’’. 
SEC. 2. PROJECT SAFE CHILDHOOD MODERNIZATION. 
Section 143 of the Adam Walsh Child Protection and 
Safety Act of 2006 (34 U.S.C. 20942) is amended to read 
as follows: 
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‘‘SEC. 143. PROJECT SAFE CHILDHOOD. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHILD
SEXUAL
ABUSE
MATERIAL.—The 
term ‘child sexual abuse material’ has the meaning 
given the term ‘child pornography’ in section 2256 
of title 18, United States Code. 
‘‘(2) 
CHILD
SEXUAL
EXPLOITATION
OF-
FENSE.—The term ‘child sexual exploitation offense’ 
means— 
‘‘(A)(i) an offense involving a minor under 
section 1591 or chapter 117 of title 18, United 
States Code; 
‘‘(ii) an offense under subsection (a), (b), 
or (c) of section 2251 of title 18, United States 
Code; 
‘‘(iii) an offense under section 2251A or 
2252A(g) of title 18, United States Code; or 
‘‘(iv) any attempt or conspiracy to commit 
an offense described in clause (i) or (ii); or 
‘‘(B) an offense involving a minor under a 
State or Tribal statute that is similar to a pro-
vision described in subparagraph (A). 
‘‘(3) CIRCLE OF TRUST OFFENDER.—The term 
‘circle of trust offender’ means an offender who is 
related to, or in a position of trust, authority, or su-
pervisory control with respect to, a child. 
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‘‘(4) COMPUTER.—The term ‘computer’ has the 
meaning given the term in section 1030 of title 18, 
United States Code. 
‘‘(5) CONTACT
SEXUAL
OFFENSE.—The term 
‘contact sexual offense’ means— 
‘‘(A) an offense involving a minor under 
chapter 109A of title 18, United States Code, 
or any attempt or conspiracy to commit such an 
offense; or 
‘‘(B) an offense involving a minor under a 
State or Tribal statute that is similar to a pro-
vision described in subparagraph (A). 
‘‘(6) DUAL
OFFENDER.—The term ‘dual of-
fender’ means— 
‘‘(A) a person who commits— 
‘‘(i) a technology-facilitated child sex-
ual exploitation offense or an offense in-
volving child sexual abuse material; and 
‘‘(ii) a contact sexual offense; and 
‘‘(B) without regard to whether the of-
fenses described in clauses (i) and (ii) of sub-
paragraph (A)— 
‘‘(i) are committed as part of the 
same course of conduct; or 
‘‘(ii) involve the same victim. 
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‘‘(7) 
FACILITATOR.—The 
term 
‘facilitator’ 
means an individual who facilitates the commission 
by another individual of— 
‘‘(A) a technology-facilitated child sexual 
exploitation offense or an offense involving child 
sexual abuse material; or 
‘‘(B) a contact sexual offense. 
‘‘(8) ICAC AFFILIATE
PARTNER.—The term 
‘ICAC affiliate partner’ means a law enforcement 
agency that has entered into a formal operating 
agreement with the ICAC Task Force Program. 
‘‘(9) ICAC TASK FORCE.—The term ‘ICAC task 
force’ means a task force that is part of the ICAC 
Task Force Program. 
‘‘(10) ICAC TASK FORCE PROGRAM.—The term 
‘ICAC Task Force Program’ means the National 
Internet Crimes Against Children Task Force Pro-
gram established under section 102 of the PRO-
TECT Our Children Act of 2008 (34 U.S.C. 
21112). 
‘‘(11) OFFENSE
INVOLVING
CHILD
SEXUAL 
ABUSE
MATERIAL.—The term ‘offense involving 
child sexual abuse material’ means— 
‘‘(A) an offense under section 2251(d), 
section 2252, or paragraphs (1) through (6) of 
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section 2252A(a) of title 18, United States 
Code, or any attempt or conspiracy to commit 
such an offense; or 
‘‘(B) an offense under a State or Tribal 
statute that is similar to a provision described 
in subparagraph (A). 
‘‘(12) SERIOUS OFFENDER.—The term ‘serious 
offender’ means— 
‘‘(A) an offender who has committed a 
contact sexual offense or child sexual exploi-
tation offense; 
‘‘(B) a dual offender, circle of trust of-
fender, or facilitator; or 
‘‘(C) an offender with a prior conviction 
for a contact sexual offense, a child sexual ex-
ploitation offense, or an offense involving child 
sexual abuse material. 
‘‘(13) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the 
United States. 
‘‘(14) TECHNOLOGY-FACILITATED.—The term 
‘technology-facilitated’, with respect to an offense, 
means an offense that is committed through the use 
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of a computer, even if the use of a computer is not 
an element of the offense. 
‘‘(b) ESTABLISHMENT OF PROGRAM.—The Attorney 
General shall create and maintain a nationwide initiative 
to align Federal, State, and local entities to combat the 
growing epidemic of online child sexual exploitation and 
abuse, to be known as the ‘Project Safe Childhood pro-
gram’, in accordance with this section. 
‘‘(c) BEST PRACTICES.—The Attorney General, in 
coordination with the Child Exploitation and Obscenity 
Section of the Criminal Division of the Department of 
Justice and the Office of Juvenile Justice and Delinquency 
Prevention of the Department of Justice, and in consulta-
tion with training and technical assistance providers under 
the ICAC Task Force Program who are funded by the At-
torney General and with appropriate nongovernmental or-
ganizations, shall— 
‘‘(1) develop best practices to adopt a balanced 
approach to the investigation of suspect leads involv-
ing contact sexual offenses, child sexual exploitation 
offenses, and offenses involving child sexual abuse 
material, and the prosecution of those offenses, 
prioritizing when feasible the identification of a child 
victim or a serious offender, which approach shall 
incorporate the use of— 
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‘‘(A) proactively generated leads, including 
leads generated by current and emerging tech-
nology; 
‘‘(B) in-district investigative referrals; and 
‘‘(C) CyberTipline reports from the Na-
tional Center for Missing and Exploited Chil-
dren; 
‘‘(2) develop best practices to be used by each 
United States Attorney and ICAC task force to as-
sess the likelihood that an individual could be a seri-
ous offender or that a child victim may be identified; 
‘‘(3) develop and implement a tracking and 
communication system for Federal, State, and local 
law enforcement agencies and prosecutor’s offices to 
report successful cases of victim identification and 
child rescue to the Department of Justice and the 
public; and 
‘‘(4) encourage the submission of all lawfully 
seized visual depictions to the Child Victim Identi-
fication Program of the National Center for Missing 
and Exploited Children. 
‘‘(d) 
IMPLEMENTATION.—Except 
as 
authorized 
under subsection (e), funds authorized under this section 
may only be used for the following 4 purposes: 
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‘‘(1) Integrated Federal, State, and local efforts 
to investigate and prosecute contact sexual offenses, 
child sexual exploitation offenses, and offenses in-
volving child sexual abuse material, including— 
‘‘(A) the partnership by each United 
States Attorney with each Internet Crimes 
Against Children Task Force within the district 
of such attorney; 
‘‘(B) training of Federal, State, and local 
law 
enforcement 
officers 
and 
prosecutors 
through— 
‘‘(i) programs facilitated by the ICAC 
Task Force Program; 
‘‘(ii) ICAC training programs sup-
ported by the Office of Juvenile Justice 
and Delinquency Prevention of the Depart-
ment of Justice; 
‘‘(iii) programs facilitated by appro-
priate nongovernmental organizations with 
subject matter expertise, technical skill, or 
technological tools to assist in the identi-
fication of and response to serious offend-
ers, contact sexual offenses, child sexual 
exploitation offenses, or offenses involving 
child sexual abuse material; and 
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‘‘(iv) any other program that provides 
training— 
‘‘(I) on the investigation and 
identification of serious offenders or 
victims of contact sexual offenses, 
child sexual exploitation offenses, or 
offenses involving child sexual abuse 
material; or 
‘‘(II) that specifically addresses 
the use of existing and emerging tech-
nologies to commit or facilitate con-
tact sexual offenses, child sexual ex-
ploitation offenses, or offenses involv-
ing child sexual abuse material; 
‘‘(C) the development by each United 
States Attorney of a district-specific strategic 
plan to coordinate with State and local law en-
forcement agencies and prosecutor’s offices, in-
cluding ICAC task forces and their ICAC affil-
iate partners, on the investigation of suspect 
leads involving serious offenders, contact sexual 
offenses, child sexual exploitation offenses, and 
offenses involving child sexual abuse material, 
and the prosecution of those offenders and of-
fenses, which plan— 
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‘‘(i) shall include— 
‘‘(I) the use of the best practices 
developed under paragraphs (1) and 
(2) of subsection (c); 
‘‘(II) the development of plans 
and protocols to target and rapidly in-
vestigate cases involving potential se-
rious offenders or the identification 
and rescue of a victim of a contact 
sexual offense, a child sexual exploi-
tation offense, or an offense involving 
child sexual abuse material; 
‘‘(III) the use of training and 
technical assistance programs to in-
corporate victim-centered, trauma-in-
formed practices in cases involving 
victims of contact sexual offenses, 
child sexual exploitation offenses, and 
offenses involving child sexual abuse 
material, which may include the use of 
child protective services, children’s ad-
vocacy centers, victim support special-
ists, or other supportive services; 
‘‘(IV) the development of plans to 
track, report, and clearly commu-
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nicate successful cases of victim iden-
tification and child rescue to the De-
partment of Justice and the public; 
‘‘(V) an analysis of the investiga-
tive and forensic capacity of law en-
forcement agencies and prosecutor’s 
offices within the district, and goals 
for improving capacity and effective-
ness; 
‘‘(VI) a written policy describing 
the criteria for referrals for prosecu-
tion from Federal, State, or local law 
enforcement 
agencies, 
particularly 
when the investigation may involve a 
potential serious offender or the iden-
tification or rescue of a child victim; 
‘‘(VII) plans and budgets for 
training of relevant personnel on con-
tact sexual offenses, child sexual ex-
ploitation offenses, and offenses in-
volving child sexual abuse material; 
‘‘(VIII) plans for coordination 
and cooperation with State, local, and 
Tribal law enforcement agencies and 
prosecutorial offices; and 
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‘‘(IX) evidence-based programs 
that educate the public about and in-
crease awareness of such offenses; and 
‘‘(ii) shall be developed in consulta-
tion, as appropriate, with— 
‘‘(I) the local ICAC task force; 
‘‘(II) the United States Marshals 
Service Sex Offender Targeting Cen-
ter; 
‘‘(III) training and technical as-
sistance providers under the ICAC 
Task Force Program who are funded 
by the Attorney General; 
‘‘(IV) nongovernmental organiza-
tions with subject matter expertise, 
technical skill, or technological tools 
to assist in the identification of and 
response to contact sexual offenses, 
child sexual exploitation offenses, or 
offenses involving child sexual abuse 
material; 
‘‘(V) any relevant component of 
Homeland Security Investigations; 
‘‘(VI) any relevant component of 
the Federal Bureau of Investigation; 
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‘‘(VII) the Office of Juvenile Jus-
tice and Delinquency Prevention of 
the Department of Justice; 
‘‘(VIII) the Child Exploitation 
and Obscenity Section of the Criminal 
Division of the Department of Justice; 
‘‘(IX) the United States Postal 
Inspection Service; 
‘‘(X) the United States Secret 
Service; and 
‘‘(XI) each military criminal in-
vestigation organization of the De-
partment of Defense; and 
‘‘(D) a quadrennial assessment by each 
United States Attorney of the investigations 
within the district of such attorney of contact 
sexual offenses, child sexual exploitation of-
fenses, and offenses involving child sexual abuse 
material— 
‘‘(i) with consideration of— 
‘‘(I) the variety of sources for 
leads; 
‘‘(II) the proportion of work in-
volving proactive or undercover law 
enforcement investigations; 
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‘‘(III) the number of serious of-
fenders identified and prosecuted; and 
‘‘(IV) the number of children 
identified or rescued; and 
‘‘(ii) information from which may be 
used by the United States Attorney, as ap-
propriate, to revise the plan described in 
subparagraph (C). 
‘‘(2) Major case coordination by the Depart-
ment of Justice (or other Federal agencies as appro-
priate), including specific cooperation, as appro-
priate, with— 
‘‘(A) the Child Exploitation and Obscenity 
Section of the Criminal Division of the Depart-
ment of Justice; 
‘‘(B) any relevant component of Homeland 
Security Investigations; 
‘‘(C) any relevant component of the Fed-
eral Bureau of Investigation; 
‘‘(D) the ICAC task forces and ICAC affil-
iate partners; 
‘‘(E) the United States Marshals Service, 
including the Sex Offender Targeting Center; 
‘‘(F) the United States Postal Inspection 
Service; 
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‘‘(G) the United States Secret Service; 
‘‘(H) each Military Criminal Investigation 
Organization of the Department of Defense; 
and 
‘‘(I) any task forces established in connec-
tion with the Project Safe Childhood program 
set forth under subsection (b). 
‘‘(3) Increased Federal involvement in, and 
commitment to, the prevention and prosecution of 
technology-facilitated child sexual exploitation of-
fenses or offenses involving child sexual abuse mate-
rial by— 
‘‘(A) using technology to identify victims 
and serious offenders; 
‘‘(B) developing processes and tools to 
identify victims and offenders; and 
‘‘(C) taking measures to improve informa-
tion sharing among Federal law enforcement 
agencies, including for the purposes of imple-
menting the plans and protocols described in 
paragraph (1)(C)(i)(II) to identify and rescue— 
‘‘(i) victims of contact sexual offenses, 
child sexual exploitation offenses, and of-
fenses involving child sexual abuse mate-
rial; or 
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‘‘(ii) victims of serious offenders. 
‘‘(4) The establishment, development, and im-
plementation of a nationally coordinated ‘Safer 
Internet Day’ every year developed in collaboration 
with the Department of Education, national and 
local internet safety organizations, parent organiza-
tions, social media companies, and schools to pro-
vide— 
‘‘(A) national public awareness and evi-
dence-based educational programs about the 
threats posed by circle of trust offenders and 
the threat of contact sexual offenses, child sex-
ual exploitation offenses, or offenses involving 
child sexual abuse material, and the use of 
technology to facilitate those offenses; 
‘‘(B) information to parents and children 
about how to avoid or prevent technology-facili-
tated child sexual exploitation offenses; and 
‘‘(C) information about how to report pos-
sible technology-facilitated child sexual exploi-
tation offenses or offenses involving child sexual 
abuse material through— 
‘‘(i) the National Center for Missing 
and Exploited Children; 
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‘‘(ii) the ICAC Task Force Program; 
and 
‘‘(iii) any other program that— 
‘‘(I) raises national awareness 
about the threat of technology-facili-
tated child sexual exploitation offenses 
or offenses involving child sexual 
abuse material; and 
‘‘(II) provides information to par-
ents and children seeking to report 
possible violations of technology-facili-
tated child sexual exploitation offenses 
or offenses involving child sexual 
abuse material. 
‘‘(e) EXPANSION OF PROJECT SAFE CHILDHOOD.— 
Notwithstanding subsection (d), funds authorized under 
this section may be also be used for the following pur-
poses: 
‘‘(1) The addition of not less than 20 Assistant 
United States Attorneys at the Department of Jus-
tice, relative to the number of such positions as of 
the day before the date of enactment of the Project 
Safe Childhood Act, who shall be— 
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‘‘(A) dedicated to the prosecution of cases 
in connection with the Project Safe Childhood 
program set forth under subsection (b); and 
‘‘(B) responsible for assisting and coordi-
nating the plans and protocols of each district 
under subsection (d)(1)(C)(i)(II). 
‘‘(2) Such other additional and related purposes 
as the Attorney General determines appropriate. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN
GENERAL.—For the purpose of car-
rying out this section, there are authorized to be ap-
propriated— 
‘‘(A) for the activities described under 
paragraphs (1), (2), and (3) of subsection (d), 
$28,550,000 for each of fiscal years 2023 
through 2028; 
‘‘(B) for the activities described under sub-
section (d)(4), $4,000,000 for each of fiscal 
years 2023 through 2028; and 
‘‘(C) for the activities described under sub-
section (e), $29,100,000 for each of fiscal years 
2023 through 2028. 
‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Amounts 
made available to State and local agencies, pro-
grams, and services under this section shall supple-
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ment, and not supplant, other Federal, State, or 
local funds made available for those agencies, pro-
grams, and services.’’. 
SEC. 3. TECHNICAL CLARIFICATIONS. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended— 
(1) in section 1201— 
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by inserting ‘‘obtains by 
defrauding or deceiving any person,’’ after ‘‘ab-
ducts,’’; and 
(B) in subsection (g), by adding at the end 
the following: 
‘‘(2) DEFENSE.—For an offense described in 
this subsection involving a victim who has not at-
tained the age of 16 years, it is not a defense that 
the victim consented to the offender’s conduct unless 
the offender can establish by a preponderance of the 
evidence that the offender reasonably believed that 
the victim had attained the age of 16 years.’’; 
(2) in chapter 109A— 
(A) in section 2241— 
(i) in subsection (b)— 
(I) in paragraph (1)— 
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(aa) 
by 
inserting 
‘‘or 
causes’’ after ‘‘engages in’’; and 
(bb) by inserting ‘‘or by’’ 
after ‘‘a sexual act with’’; and 
(II) in paragraph (2)(B)— 
(aa) 
by 
inserting 
‘‘or 
causes’’ after ‘‘engages in’’; and 
(bb) by inserting ‘‘or by’’ 
after ‘‘a sexual act with’’; 
(ii) in subsection (c)— 
(I) by striking ‘‘crosses a State 
line’’ and inserting ‘‘travels in inter-
state or foreign commerce’’; 
(II) by inserting ‘‘or cause’’ after 
‘‘engage in’’; 
(III) by inserting ‘‘or by’’ after 
‘‘a sexual act with’’ each place it ap-
pears; 
(IV) by inserting ‘‘or by’’ after 
‘‘subsections (a) and (b) with’’; 
(V) by inserting ‘‘or causes’’ 
after ‘‘engages in’’ each place it ap-
pears; and 
(VI) by inserting ‘‘or causing’’ 
after ‘‘so engaging’’; and 
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(iii) in subsection (d), by inserting ‘‘or 
being caused to engage in’’ after ‘‘engaging 
in’’; 
(B) in section 2242— 
(i) in paragraph (2), in the matter 
preceding subparagraph (A)— 
(I) by inserting ‘‘or causes’’ after 
‘‘engages in’’; and 
(II) by inserting ‘‘or by’’ after ‘‘a 
sexual act with’’; and 
(ii) in paragraph (3)— 
(I) by inserting ‘‘or causes’’ after 
‘‘engages in’’; and 
(II) by inserting ‘‘or by’’ after ‘‘a 
sexual act with’’; 
(C) in section 2243— 
(i) in subsection (a)— 
(I) in the matter preceding para-
graph (1)— 
(aa) 
by 
inserting 
‘‘or 
causes’’ after ‘‘engages in’’; and 
(bb) by inserting ‘‘or by’’ 
after ‘‘a sexual act with’’; and 
(II) in paragraph (2), by insert-
ing ‘‘or causing’’ after ‘‘so engaging’’; 
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(ii) in subsection (b)— 
(I) in the matter preceding para-
graph (1)— 
(aa) 
by 
inserting 
‘‘or 
causes’’ after ‘‘engages in’’; and 
(bb) by inserting ‘‘or by’’ 
after ‘‘a sexual act with’’; and 
(II) in paragraph (2), by insert-
ing ‘‘or causing’’ after ‘‘so engaging’’; 
(iii) in subsection (c)— 
(I) by inserting ‘‘or causes’’ after 
‘‘engages in’’; and 
(II) by inserting ‘‘or by’’ after ‘‘a 
sexual act with’’; and 
(iv) in subsection (e)— 
(I) in paragraph (1), by inserting 
‘‘or being caused to engage in’’ after 
‘‘engaging in’’; and 
(II) in paragraph (2), by striking 
‘‘between the persons so engaging’’ 
and inserting the following: ‘‘be-
tween— 
‘‘(A) the defendant; and 
‘‘(B) the person— 
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‘‘(i) with whom the defendant engaged 
in a sexual act; or 
‘‘(ii) whom the defendant caused to 
engage in a sexual act’’; and 
(D) in section 2244(b)— 
(i) by inserting ‘‘or causes’’ after ‘‘en-
gages in’’; and 
(ii) by inserting ‘‘or by’’ after ‘‘sexual 
contact with’’; and 
(3) in section 2423(f)(1)— 
(A) by striking ‘‘a sexual act (as defined in 
section 2246) with’’ and inserting ‘‘any conduct 
involving’’; and 
(B) by striking ‘‘sexual act occurred’’ and 
inserting ‘‘conduct occurred’’. 
(b) EFFECTIVE DATE.—The amendment to section 
2241(c) of title 18, United States Code, made by sub-
section (a)(2)(A)(ii)(I) of this section shall apply to con-
duct that occurred before, on, or after the date of enact-
ment of this Act. 
SEC. 4. SEXUAL EXPLOITATION AND OTHER ABUSE OF 
CHILDREN. 
Title 18 of the United States Code is amended— 
(1) in section 1466A— 
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(A) in subsection (a)(1)(A), by inserting ‘‘, 
or includes a minor in such visual depiction of 
any adult engaging in sexually explicit conduct’’ 
after ‘‘sexually explicit conduct’’; and 
(B) in subsection (b)(1)(A), by inserting ‘‘, 
or includes a minor in such visual depiction of 
any adult engaging in sexually explicit conduct’’ 
after ‘‘sexually explicit conduct’’; 
(2) in chapter 109A— 
(A) in section 2244— 
(i) in subsection (a)— 
(I) by redesignating paragraphs 
(1) through (5) as subparagraphs (A) 
through (E), respectively, and adjust-
ing the margins accordingly; 
(II) by striking ‘‘Whoever’’ and 
inserting the following: 
‘‘(1) IN GENERAL.—Whoever’’; 
(III) in paragraph (1), as so des-
ignated— 
(aa) in the matter preceding 
subparagraph (A), as so redesig-
nated, by striking ‘‘if so to do’’ 
and inserting ‘‘if to do so’’; 
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(bb) in subparagraph (A), as 
so 
redesignated, 
by 
striking 
‘‘ten’’ and inserting ‘‘10’’; 
(cc) in subparagraph (B), as 
so 
redesignated, 
by 
striking 
‘‘three’’ and inserting ‘‘10’ ’’; 
(dd) in subparagraph (C), as 
so 
redesignated, 
by 
striking 
‘‘two’’ and inserting ‘‘5’’; and 
(ee) in subparagraph (D), as 
so 
redesignated, 
by 
striking 
‘‘two’’ and inserting ‘‘5’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(2) ATTEMPT.—Whoever attempts to commit 
an offense under paragraph (1) shall be subject to 
the same penalty as for a completed offense.’’; 
(ii) in subsection (b)— 
(I) by inserting ‘‘or causes’’ after 
‘‘engages in’’; 
(II) by inserting ‘‘or by’’ after 
‘‘sexual contact with’’; 
(III) by inserting ‘‘, or attempts 
to do so,’’ after ‘‘other person’s per-
mission’’; and 
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(IV) by striking ‘‘two’’ and in-
serting ‘‘2’’; and 
(iii) in subsection (c), by striking ‘‘If 
the sexual contact that violates this section 
(other than subsection (a)(5)) is with an 
individual’’ and inserting ‘‘If the sexual 
contact or attempted sexual contact that a 
person engages in or causes in violation of 
this 
section 
(other 
than 
subsection 
(a)(1)(E)) is with or by an individual’’; 
and 
(B) in section 2246(2), by inserting after 
‘‘16 years’’ the following: ‘‘, or of any person by 
a person who has not attained the age of 16 
years,’’; and 
(3) in chapter 110— 
(A) in section 2251— 
(i) by striking subsections (a) and (b) 
and inserting the following: 
‘‘(a) Any person who, in a circumstance described in 
subsection (f), engages in any of the following conduct 
shall be punished as provided under subsection (e): 
‘‘(1) Employs, uses, persuades, induces, entices, 
or coerces a minor to engage in any sexually explicit 
conduct for the purpose of producing any visual de-
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piction of such conduct or transmitting a live visual 
depiction of such conduct. 
‘‘(2) Employs, uses, persuades, induces, entices, 
or coerces a minor to engage in any sexually explicit 
conduct and in the course thereof, knowingly pro-
duces or causes to be produced any visual depiction 
of such conduct, or transmits or causes to be trans-
mitted a live visual depiction of such conduct. 
‘‘(3) Engages in sexually explicit conduct in the 
presence of a minor for the purpose of producing 
any visual depiction of such conduct or transmitting 
a live visual depiction of such conduct, intending 
that the minor be included in such visual depiction. 
‘‘(4) Engages in sexually explicit conduct in the 
presence of a minor and in the course thereof, know-
ingly produces or causes to be produced any visual 
depiction of such conduct, or transmits or causes to 
be transmitted a live visual depiction of such con-
duct, intentionally including the minor in such visual 
depiction. 
‘‘(5) Has a minor assist any other person to en-
gage in any sexually explicit conduct during the 
commission of an offense set forth in paragraphs (1) 
through (4) of this subsection. 
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‘‘(6) Transports any minor in or affecting inter-
state or foreign commerce with the intent that such 
minor be used in the production or live transmission 
of any visual depiction of a minor engaged in any 
sexually explicit conduct. 
‘‘(b) Any parent, legal guardian, or person who has 
custody or control of a minor and, in a circumstance de-
scribed in subsection (f), engages in any of the following 
conduct shall be punished as provided under subsection 
(e): 
‘‘(1) Knowingly permits such minor to engage 
in, or to assist any other person to engage in, sexu-
ally explicit conduct— 
‘‘(A) for the purpose of producing any vis-
ual depiction of such conduct or transmitting a 
live visual depiction of such conduct; or 
‘‘(B) knowing that any visual depiction of 
such conduct will be produced or transmitted. 
‘‘(2) Knowingly permits an adult to engage in 
sexually explicit conduct in the presence of the 
minor— 
‘‘(A) for the purpose of producing any vis-
ual depiction of such conduct or transmitting a 
live visual depiction of such conduct, intending 
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that the minor be included in such visual depic-
tion; or 
‘‘(B) knowing that any visual depiction of 
such conduct will be produced or transmitted, 
intentionally including the minor in such visual 
depiction.’’; 
(ii) in subsection (c)— 
(I) in paragraph (1)— 
(aa) by striking ‘‘employs, 
uses, persuades, induces, entices, 
or coerces any minor to engage 
in, or who has a minor assist any 
other person to engage in, any 
sexually explicit conduct’’ and in-
serting ‘‘engages in any of the 
conduct described in paragraphs 
(1) through (5) of subsection 
(a)’’; and 
(bb) by striking ‘‘for the 
purpose of producing any visual 
depiction of such conduct,’’; and 
(II) in paragraph (2)— 
(aa) in subparagraph (A), 
by inserting ‘‘or transmitted’’ 
after ‘‘transported’’; and 
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(bb) in subparagraph (B) by 
inserting ‘‘or transmits’’ after 
‘‘transports’’; 
(iii) in subsection (d)(1), by striking 
subparagraph (A) and inserting the fol-
lowing: 
‘‘(A) to receive, exchange, buy, produce, 
display, distribute, or reproduce, any visual de-
piction, if— 
‘‘(i) the production of such visual de-
piction involves the use of a minor engag-
ing in sexually explicit conduct and such 
visual depiction is of such conduct; or 
‘‘(ii) the production of such visual de-
piction involves an adult engaging in sexu-
ally explicit conduct in the presence of a 
minor, such visual depiction is of such con-
duct, and the minor is intentionally in-
cluded in the visual depiction; or’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(f) CIRCUMSTANCES.—The circumstance referred to 
in subsections (a) and (b) is that— 
‘‘(1) the person knows or has reason to know 
that the visual depiction will be— 
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‘‘(A) transported or transmitted using any 
means or facility of interstate or foreign com-
merce; 
‘‘(B) transported or transmitted in or af-
fecting interstate or foreign commerce; or 
‘‘(C) mailed; 
‘‘(2) the visual depiction was produced or trans-
mitted using materials that have been— 
‘‘(A) mailed; or 
‘‘(B) shipped or transported in or affecting 
interstate or foreign commerce by any means, 
including by computer; 
‘‘(3) the visual depiction has actually been— 
‘‘(A) transported or transmitted using any 
means or facility of interstate or foreign com-
merce; 
‘‘(B) transported or transmitted in or af-
fecting interstate or foreign commerce; or 
‘‘(C) mailed; or 
‘‘(4) any part of the offense occurred in a terri-
tory or possession of the United States or within the 
special maritime and territorial jurisdiction of the 
United States.’’; 
(B) in section 2251A— 
(i) in subsection (a)— 
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(I) in the matter preceding para-
graph (1), by inserting ‘‘or control’’ 
after ‘‘transfer custody’’; 
(II) by striking paragraph (1) 
and inserting the following: 
‘‘(1) with knowledge that, as a consequence of 
the sale or transfer, the minor will be— 
‘‘(A) portrayed in any visual depiction en-
gaging in, or assisting another person to engage 
in, sexually explicit conduct; or 
‘‘(B) intentionally included in any visual 
depiction of an adult engaging in sexually ex-
plicit conduct in the presence of the minor; or’’; 
and 
(III) in paragraph (2)— 
(aa) in the matter preceding 
subparagraph (A), by striking 
‘‘either’’; 
(bb) in subparagraph (A), 
by striking ‘‘or’’ at the end; 
(cc) in subparagraph (B), by 
adding ‘‘or’’ at the end; and 
(dd) by inserting after sub-
paragraph (B) the following: 
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(dd) by inserting after sub-
paragraph (B) the following: 
‘‘(C) the intentional inclusion of the minor 
in any visual depiction of an adult engaging in 
sexually explicit conduct in the presence of the 
minor;’’; 
(C) in section 2252(a)— 
(i) in paragraph (1), by striking sub-
paragraphs (A) and (B) and inserting the 
following: 
‘‘(A) the producing of such visual depiction 
involves the use of a minor engaging in sexually 
explicit conduct and such visual depiction is of 
such conduct; or 
‘‘(B) the producing of such visual depiction 
involves an adult engaging in sexually explicit 
conduct in the presence of a minor, such visual 
depiction is of such conduct, and the minor is 
intentionally included in the visual depiction;’’; 
(ii) in paragraph (2), by striking sub-
paragraphs (A) and (B) and inserting the 
following: 
‘‘(A) the producing of such visual depiction 
involves the use of a minor engaging in sexually 
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explicit conduct and such visual depiction is of 
such conduct; or 
‘‘(B) the producing of such visual depiction 
involves an adult engaging in sexually explicit 
conduct in the presence of a minor, such visual 
depiction is of such conduct, and the minor is 
intentionally included in the visual depiction;’’; 
(iii) in paragraph (3)(B), by striking 
clauses (i) and (ii) and inserting the fol-
lowing: 
‘‘(i) the producing of such visual de-
piction involves the use of a minor engag-
ing in sexually explicit conduct and such 
visual depiction is of such conduct; or 
‘‘(ii) the producing of such visual de-
piction involves an adult engaging in sexu-
ally explicit conduct in the presence of a 
minor, such visual depiction is of such con-
duct, and the minor is intentionally in-
cluded in the visual depiction;’’; and 
(iv) in paragraph (4)(B), by striking 
clauses (i) and (ii) and inserting the fol-
lowing: 
‘‘(i) the producing of such visual de-
piction involves the use of a minor engag-
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ing in sexually explicit conduct and such 
visual depiction is of such conduct; or 
‘‘(ii) the producing of such visual de-
piction involves an adult engaging in sexu-
ally explicit conduct in the presence of a 
minor, such visual depiction is of such con-
duct, and the minor is intentionally in-
cluded in the visual depiction;’’; 
(D) in section 2256— 
(i) in paragraph (8)— 
(I) by striking subparagraph (A) 
and inserting the following: 
‘‘(A) the production of such visual depic-
tion involves— 
‘‘(i) the use of a minor engaging in 
sexually explicit conduct; or 
‘‘(ii) an adult engaging in sexually ex-
plicit conduct in the presence of a minor 
and the intentional inclusion of the minor 
in the visual depiction;’’; and 
(II) in subparagraph (B), by in-
serting after ‘‘sexually explicit con-
duct’’ the following: ‘‘or that of a 
minor intentionally included in such 
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visual depiction of an adult engaging 
in sexually explicit conduct’’; and 
(III) in subparagraph (C), by in-
serting after ‘‘sexually explicit con-
duct.’’ the following: ‘‘or is inten-
tionally included in such visual depic-
tion of an adult engaging in sexually 
explicit conduct’’; 
(ii) in paragraph (9), by striking the 
period at the end and inserting a semi-
colon; 
(iii) in paragraph (10), by striking 
‘‘and’’ at the end; 
(iv) in paragraph (11), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(v) adding at the end the following: 
‘‘(12) the terms ‘uses any minor to engage in’, 
‘the use of a minor engaging in’, and ‘in the pres-
ence of a minor’ do not require— 
‘‘(A) the minor to be aware of, or to be ca-
pable of appraising the nature of, the sexually 
explicit conduct; or 
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‘‘(B) any direct engagement or active par-
ticipation by the minor in the sexually explicit 
conduct.’’; and 
(E) in section 2260— 
(i) by striking subsection (a) and in-
serting the following: 
‘‘(a) USE OF MINOR.—A person who, outside the 
United States, engages in any of the following conduct, 
intending that the visual depiction will be imported or 
transmitted into the United States or into waters within 
12 miles of the coast of the United States, shall be pun-
ished as provided in subsection (c): 
‘‘(1) Employs, uses, persuades, induces, entices, 
or coerces a minor to engage in any sexually explicit 
conduct for the purpose of producing any visual de-
piction of such conduct or transmitting a live visual 
depiction of such conduct. 
‘‘(2) Employs, uses, persuades, induces, entices, 
or coerces a minor to engage in any sexually explicit 
conduct and in the course thereof, knowingly pro-
duces or causes to be produced any visual depiction 
of such conduct, or transmits or causes to be trans-
mitted a live visual depiction of such conduct. 
‘‘(3) Engages in sexually explicit conduct in the 
presence of a minor for the purpose of producing 
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any visual depiction of such conduct or transmitting 
a live visual depiction of such conduct, intending 
that the minor be included in such visual depiction. 
‘‘(4) Engages in sexually explicit conduct in the 
presence of a minor and in the course thereof, know-
ingly produces or causes to be produced any visual 
depiction of such conduct, or transmits or causes to 
be transmitted a live visual depiction of such con-
duct, intentionally including the minor in such visual 
depiction. 
‘‘(5) Has a minor assist any other person to en-
gage in any sexually explicit conduct during the 
commission of an offense set forth in paragraphs (1) 
through (4) of this subsection. 
‘‘(6) Transports any minor in or affecting for-
eign commerce with the intent that such minor be 
used in the production or live transmission of any 
visual depiction of a minor engaged in any sexually 
explicit conduct.’’; and 
(ii) in subsection (b), by striking ‘‘vis-
ual depiction of a minor engaging in sexu-
ally explicit conduct (if the production of 
the visual depiction involved the use of a 
minor engaging in sexually explicit con-
duct), intending that the visual depiction’’ 
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and inserting ‘‘child pornography (as de-
fined in section 2256(8)(A)), intending 
that the child pornography’’. 
Æ 
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