SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child Obscenity and
Pornography Prevention Act of 2002’’.
SEC. 2. IMPROVEMENTS TO PROHIBITION ON VIRTUAL
CHILD PORNOGRAPHY.
(a) Section 2256(8)(B) of title 18, United States
Code, is amended to read as follows:
‘‘(B) such visual depiction is a computer
image or computer-generated image that is, or
appears virtually indistinguishable from, that of
a minor engaging in sexually explicit conduct;
or’’.
(b) Section 2256(2) of title 18, United States Code,
is amended to read as follows:
‘‘(2)(A) Except as provided in subparagraph
(B), ‘sexually explicit conduct’ means actual or
simulated—
‘‘(i) sexual intercourse, including genital-
genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or oppo-
site sex;
‘‘(ii) bestiality;
‘‘(iii) masturbation;
‘‘(iv) sadistic or masochistic abuse; or
‘‘(v) lascivious exhibition of the genitals or
pubic area of any person;
‘‘(B) For purposes of subsection 8(B) of this
section, ‘sexually explicit conduct’ means—
‘‘(i) actual sexual intercourse, including
genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same
or opposite sex, or lascivious simulated sexual
intercourse where the genitals, breast, or pubic
area of any person is exhibited;
‘‘(ii) actual or lascivious simulated;
‘‘(I) bestiality;
‘‘(II) masturbation; or
‘‘(III) sadistic or masochistic abuse;
or
‘‘(iii) actual or simulated lascivious exhi-
bition of the genitals or pubic area of any per-
son;’’.
(c) Section 2252A(c) of title 18, United States Code,
is amended to read as follows:
‘‘(c)(1) Except as provided in paragraph (2), it shall
be an affirmative defense to a charge of violating this sec-
tion that the alleged offense did not involve child pornog-
raphy produced using a minor engaging in sexually explicit
conduct or an attempt or conspiracy to commit an offense
involving such child pornography.
‘‘(2) A violation of, or an attempt or conspiracy
to violate, this section which involves child pornog-
raphy as defined in section 2256(8)(A) or (C) shall
be punishable without regard to the affirmative de-
fense set forth in paragraph (1).’’.
SEC. 3. PROHIBITION ON PANDERING MATERIALS AS
CHILD PORNOGRAPHY.
(a) Section 2256(8) of title 18, United States Code,
is amended—
(1) by inserting ‘‘or’’ at the end of subpara-
graph (B);
(2) in subparagraph (C), by striking ‘‘or’’ at
the end and inserting ‘‘and’’; and
(3) by striking subparagraph (D).
(b) Chapter 110 of title 18, United States Code, is
amended—
(1) by inserting after section 2252A the fol-
lowing:
‘‘§ 2252B. Pandering and solicitation
‘‘(a) Whoever, in a circumstance described in sub-
section (d), offers, agrees, attempts, or conspires to pro-
vide or sell a visual depiction to another, and who in con-
nection therewith knowingly advertises, promotes, pre-
sents, or describes the visual depiction with the intent to
cause any person to believe that the material is, or con-
tains, a visual depiction of a minor engaging in sexually
explicit conduct shall be subject to the penalties set forth
in section 2252A(b)(1), including the penalties provided
for cases involving a prior conviction.
‘‘(b) Whoever, in a circumstance described in sub-
section (d), offers, agrees, attempts, or conspires to receive
or purchase from another a visual depiction that he be-
lieves to be, or to contain, a visual depiction of a minor
engaging in sexually explicit conduct shall be subject to
the penalties set forth in section 2252A(b)(1), including
the penalties provided for cases involving a prior convic-
tion.
‘‘(c) It is not a required element of any offense under
this section that any person actually provide, sell, receive,
purchase, possess, or produce any visual depiction.
‘‘(d) The circumstance referred to in subsection (a)
and (b) is that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign
commerce is otherwise used in committing or in fur-
therance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission or transportation of a visual depiction by the
mail, or in interstate or foreign commerce by any
means, including by computer;
‘‘(3) any person travels or is transported in
interstate or foreign commerce in the course of the
commission or in furtherance of the commission of
the offense;
‘‘(4) any visual depiction involved in the offense
has been mailed, or has been shipped or transported
in interstate or foreign commerce by any means, in-
cluding by computer, or was produced using mate-
rials that have been mailed, or that have been
shipped or transported in interstate or foreign com-
merce by any means, including by computer; or
‘‘(5) the offense is committed in the special
maritime and territorial jurisdiction of the United
States or in any territory or possession of the
United States.’’;
(2) in the analysis for the chapter, by inserting
after the item relating to section 2252A the fol-
lowing:
‘‘2252B. Pandering and solicitation.’’.
SEC. 4. PROHIBITION OF OBSCENITY DEPICTING YOUNG
CHILDREN.
(a) Chapter 71 of title 18, United States Code, is
amended—
(1) by inserting after section 1466 the fol-
lowing:
‘‘§ 1466A. Obscene visual depictions of young children
‘‘(a) Whoever, in a circumstance described in sub-
section (d), knowingly produces, distributes, receives, or
possesses with intent to distribute a visual depiction that
is, or is virtually indistinguishable from, that of a pre-pu-
bescent child engaging in sexually explicit conduct, or at-
tempts or conspires to do so, shall be subject to the pen-
alties set forth in section 2252A(b)(1), including the pen-
alties provided for cases involving a prior conviction.
‘‘(b) Whoever, in a circumstance described in sub-
section (d), knowingly possesses a visual depiction that is,
or is virtually indistinguishable from, that of a pre-pubes-
cent child engaging in sexually explicit conduct, or at-
tempts or conspires to do so, shall be subject to the pen-
alties set forth in section 2252A(b)(2), including the pen-
alties provided for cases involving a prior conviction.
‘‘(c) For purposes of this section—
‘‘(1) ‘visual depiction’ includes undeveloped film
and videotape, and data stored on computer disk or
by electronic means which is capable of conversion
into a visual image, and also includes any photo-
graph, film, video, picture, or computer or computer-
generated image or picture, whether made or pro-
duced by electronic, mechanical, or other means;
‘‘(2) ‘pre-pubescent child’ means that the child,
as depicted, does not exhibit significant pubescent
physical or sexual maturation. Factors that may be
considered in determining significant pubescent
physical maturation include body habitus and mus-
culature, height and weight proportion, degree of
hair distribution over the body, extremity proportion
with respect to the torso, and dentition. Factors that
may be considered in determining significant pubes-
cent sexual maturation include breast development,
presence of axillary hair, pubic hair distribution, and
visible growth of the sexual organs; and
‘‘(3) ‘sexually explicit conduct’ has the meaning
set forth in section 2256(2).
‘‘(d) The circumstance referred to in subsections (a)
and (b) is that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign
commerce is otherwise used in committing or in fur-
therance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission or transportation of a visual depiction by the
mail, or in interstate or foreign commerce by any
means, including by computer;
‘‘(3) any person travels or is transported in
interstate or foreign commerce in the course of the
commission or in furtherance of the commission of
the offense;
‘‘(4) any visual depiction involved in the offense
has been mailed, or has been shipped or transported
in interstate or foreign commerce by any means, in-
cluding by computer, or was produced using mate-
rials that have been mailed, or that have been
shipped or transported in interstate or foreign com-
merce by any means, including by computer; or
‘‘(5) the offense is committed in the special
maritime and territorial jurisdiction of the United
States or in any territory or possession of the
United States.
‘‘(e) In a case under subsection (b), it is an affirma-
tive defense that the defendant—
‘‘(1) possessed less than three such images; and
‘‘(2) promptly and in good faith, and without
retaining or allowing any person, other than a law
enforcement agency, to access any image or copy
thereof—
‘‘(A) took reasonable steps to destroy each
such image; or
‘‘(B) reported the matter to a law enforce-
ment agency and afforded that agency access to
each such image.’’; and
(2) in the analysis for the chapter, by inserting
after the item relating to section 1466 the following:
‘‘1466A. Obscene visual depictions of young children.’’.
(b)(1) Except as provided in paragraph (2), the appli-
cable category of offense to be used in determining the
sentencing range referred to in section 3553(a)(4) of title
18, United States Code, with respect to any person con-
victed under section 1466A of such title, shall be the cat-
egory of offenses described in section 2G2.2 of the Sen-
tencing Guidelines.
(2) The Sentencing Commission may promulgate
guidelines specifically governing offenses under section
1466A of title 18, United States Code, provided that such
guidelines shall not result in sentencing ranges that are
lower than those that would have applied under paragraph
(1).
SEC. 5. PROHIBITION ON USE OF MATERIALS TO FACILI-
TATE OFFENSES AGAINST MINORS.
Chapter 71 of title 18, United States Code, is
amended—
(1) by inserting at the end the following:
‘‘§ 1471. Use of obscene material or child pornog-
raphy to facilitate offenses against mi-
nors
‘‘(a) Whoever, in any circumstance described in sub-
section (c), knowingly—
‘‘(1) provides or shows to a person below the
age of 16 years any obscene matter or child pornog-
raphy, or any visual depiction that is, or is virtually
indistinguishable from, that of a pre-pubescent child
engaging in sexually explicit conduct; or
‘‘(2) provides any obscene matter or child por-
nography, or any visual depiction that is, or is vir-
tually indistinguishable from, that of a pre-pubes-
cent child engaging in sexually explicit conduct, or
any other material assistance to any person in con-
nection with any conduct, or any attempt, incite-
ment, solicitation, or conspiracy to engage in any
conduct, that involves a minor and that violates
chapter 109A, 110, or 117, or that would violate
chapter 109A if the conduct occurred in the special
maritime and territorial jurisdiction of the United
States,
shall be subject to the penalties set forth in section
2252A(b)(1), including the penalties provided for cases in-
volving a prior conviction.
‘‘(b) For purposes of this section—
‘‘(1) ‘child pornography’ has the meaning set
forth in section 2256(8);
‘‘(2) ‘visual depiction’ has the meaning set forth
in section 1466A(c)(1);
‘‘(3) ‘pre-pubescent child’ has the meaning set
forth in section 1466A(c)(2); and
‘‘(4) ‘sexually explicit conduct’ has the meaning
set forth in section 2256(2).
‘‘(c) The circumstance referred to in subsection (a)
is that—
‘‘(1) any communication involved in or made in
furtherance of the offense is communicated or trans-
ported by the mail, or in interstate or foreign com-
merce by any means, including by computer, or any
means or instrumentality of interstate or foreign
commerce is otherwise used in committing or in fur-
therance of the commission of the offense;
‘‘(2) any communication involved in or made in
furtherance of the offense contemplates the trans-
mission or transportation of a visual depiction or ob-
scene matter by the mail, or in interstate or foreign
commerce by any means, including by computer;
‘‘(3) any person travels or is transported in
interstate or foreign commerce in the course of the
commission or in furtherance of the commission of
the offense;
‘‘(4) any visual depiction or obscene matter in-
volved in the offense has been mailed, or has been
shipped or transported in interstate or foreign com-
merce by any means, including by computer, or was
produced using materials that have been mailed, or
that have been shipped or transported in interstate
or foreign commerce by any means, including by
computer; or
‘‘(5) the offense is committed in the special
maritime and territorial jurisdiction of the United
States or in any territory or possession of the
United States.’’;
(2) in the analysis for the chapter, by inserting
at the end the following:
‘‘1471. Use of obscene material or child pornography to facilitate offenses
against minors.’’.
SEC. 6. EXTRATERRITORIAL PRODUCTION OF CHILD POR-
NOGRAPHY 
FOR 
DISTRIBUTION 
IN 
THE
UNITED STATES.
Section 2251 is amended—
(1) by striking ‘‘subsection (d)’’ each place it
appears in subsections (a), (b), and (c) and inserting
‘‘subsection (e)’’;
(2) by redesignating subsections (c) and (d), re-
spectively, as subsections (d) and (e); and
(3) by inserting after subsection (b) a new sub-
section (c) as follows:
‘‘(c)(1) Any person who, in a circumstance described
in paragraph (2), employs, uses, persuades, induces, en-
tices, or coerces any minor to engage in, or who has a
minor assist any other person to engage in, any sexually
explicit conduct outside of the United States, its posses-
sions and Territories, for the purpose of producing any
visual depiction of such conduct, shall be punished as pro-
vided under subsection (e).
‘‘(2) The circumstance referred to in paragraph (1)
is that—
‘‘(A) the person intends such visual depiction to
be transported to the United States, its possessions,
or territories, by any means including by computer
or mail;
‘‘(B) the person transports such visual depic-
tion to, or otherwise makes it available within, the
United States, its possessions, or territories, by any
means including by computer or mail.’’.
SEC. 7. STRENGTHENING ENHANCED PENALTIES FOR RE-
PEAT OFFENDERS.
Sections 2251(d), 2252(b), and 2252A(b) of title 18,
United States Code, are each amended by inserting ‘‘chap-
ter 71,’’ immediately before each occurrence of ‘‘chapter
109A,’’.
SEC. 8. SERVICE PROVIDER REPORTING OF CHILD POR-
NOGRAPHY AND RELATED INFORMATION.
(a) Section 227 of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13032) is amended—
(1) in subsection (b)(1)—
(A) by inserting ‘‘2252B,’’ after ‘‘2252A,’’;
and
(B) by inserting ‘‘or a violation of section
1466A of that title,’’ after ‘‘of that title),’’;
(2) in subsection (c), by inserting ‘‘or pursuant
to’’ after ‘‘to comply with’’;
(3) in subsection (d)—
(A) by striking the heading and inserting
the following new heading: ‘‘Voluntary provision
of information by service providers’’;
(B) by designating the current text of sub-
section (d) as paragraph (1); and
(C) by adding at the end of subsection (d)
the following new paragraph:
‘‘(2) A provider of electronic communication
services or remote computing services described in
subsection (b)(1), which reasonably believes that it
has obtained knowledge of facts and circumstances
indicating that a violation of section 2251, 2251A,
2252, 2252A, 2252B, or 2260 of title 18, involving
child pornography (as defined in section 2256 of
that title), or a violation of section 1466A of that
title, may have occurred or will occur, may make a
report of such facts or circumstances to the Cyber
Tip Line at the National Center for Missing and Ex-
ploited Children, which shall forward that report to
the law enforcement agency or agencies previously
designated by the Attorney General under subsection
(b)(2). Except as provided in subsection (b)(1), the
Federal Government may not require the making of
any such report.’’; and
(4) by amending subsection (f)(1)(D) to read as
follows:
‘‘(D) where the report discloses a violation
of State criminal law, to an appropriate official
of a State or subdivision of a State for the pur-
pose of enforcing such State law.’’.
(b) Section 2702 of title 18, United States Code is
amended—
(1) in subsection (b)—
(A) in paragraph (6)—
(i) by inserting ‘‘or’’ at the end of
subparagraph (A)(ii);
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph
(C) as subparagraph (B);
(B) by redesignating paragraph (6) as
paragraph (7);
(C) by striking ‘‘or’’ at the end of para-
graph (5); and
(D) by inserting after paragraph (5) the
following new paragraph:
‘‘(6) to the National Center for Missing and
Exploited Children, in connection with a report sub-
mitted thereto under section 227 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13032); or’’;
and
(2) in subsection (c)—
(A) by striking ‘‘or’’ at the end of para-
graph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by adding after paragraph (4) the fol-
lowing new paragraph:
‘‘(5) to the National Center for Missing and
Exploited Children, in connection with a report sub-
mitted thereto under section 227 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13032); or’’.
SEC. 9. ESTABLISHMENT OF SECURE DATABASE FOR IDEN-
TIFYING CHILD PORNOGRAPHY PRODUCED
WITH ACTUAL CHILDREN.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Attorney General shall
establish, and supervise the development and oper-
ation of, a comprehensive computerized database
(hereafter referred to as the ‘‘child pornography
identification database’’) to facilitate the identifica-
tion of child pornography produced with actual chil-
dren and to facilitate the identification of perpetra-
tors.
(2) DATABASE
INFORMATION
ABOUT
CHILD
PORNOGRAPHY.—The child pornography identifica-
tion database shall include at least the following in-
formation with respect to visual images produced
using actual children: identity of victims depicted;