I
103D CONGRESS
1ST SESSION
H. R. 2174
To amend chapter 110 of title 18, United States Code, to create remedies
for children and other victims of pornography, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1993
Mrs. MEYERS of Kansas (for herself, Mr. HORN, Mr. RAVENEL, Mrs. ROU-
KEMA, Mr. DORNAN, Mr. OXLEY, Mr. PETRI, Mr. LIPINSKI, Mr.
BILBRAY, 
Mrs. 
JOHNSON
of 
Connecticut, 
Mr. 
SOLOMON, 
Mr.
FALEOMAVEGA, Mr. RAMSTAD, Ms. MOLINARI, Mr. ACKERMAN, Mr.
PARKER, Mr. PICKETT, Mr. BRYANT, Mr. GORDON, and Ms. ROYBAL-
ALLARD) introduced the following bill; which was referred to the Commit-
tee on the Judiciary
A BILL
To amend chapter 110 of title 18, United States Code,
to create remedies for children and other victims of por-
nography, 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 ‘‘Pornography Victims
Protection Act of 1993’’.
SEC. 2. SECTION 2251 AMENDMENTS.
Section 2251 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking out ‘‘sub-
section (d)’’ and inserting in lieu thereof ‘‘subsection
(e)’’ and by inserting before the period at the end
thereof the following: ‘‘or if such person knows or
has reason to know that the minor was transported
in interstate or foreign commerce for the purpose of
producing any such visual depiction of such con-
duct’’;
(2) in subsection (b), by striking out ‘‘sub-
section (d)’’ and inserting in lieu thereof ‘‘subsection
(e)’’ and by inserting before the period at the end
thereof the following: ‘‘or if such person knows or
has reason to know that the minor was transported
in interstate or foreign commerce for the purpose of
producing any such visual depiction of such con-
duct’’;
(3) by inserting immediately after subsection
(b) the following:
‘‘(c)(1) Any person who coerces, intimidates, or
fraudulently induces an individual 18 years or older to en-
gage in any sexually explicit conduct for the purpose of
producing any visual depiction of such conduct shall be
punished as provided under subsection (e), if such person
knows or has reason to know that such visual depiction
will be transported in interstate or foreign commerce or
mailed, if such visual depiction has actually been trans-
ported in interstate or foreign commerce or mailed, or if
such person knows or has reason to know that the individ-
ual 18 years or older was transported in interstate or for-
eign commerce for the purpose of producing any such vis-
ual depiction of such conduct.
‘‘(2) Proof of one or more of the following facts or
conditions shall not, without more, negate a finding of co-
ercion under this subsection:
‘‘(A) that the person is or has been a pros-
titute;
‘‘(B) that the person is connected by blood or
marriage to anyone involved in or related to the
making of the pornography;
‘‘(C) that the person has previously had, or
been thought to have had, sexual relations with any-
one, including anyone involved in or related to the
making of the pornography;
‘‘(D) that the person has previously posed for
sexually explicit pictures for or with anyone, includ-
ing anyone involved in or related to the making of
the pornography at issue;
‘‘(E) that anyone else, including a spouse or
other relative, has given permission on the person’s
behalf;
‘‘(F) that the person actually consented to a
use of the performance that is changed into pornog-
raphy;
‘‘(G) that the person knew that the purpose of
the acts or events in question was to make pornog-
raphy;
‘‘(H) that the person signed a contract to
produce pornography; or
‘‘(I) that the person was paid or otherwise com-
pensated.’’;
(4) in subsection (c), by striking out ‘‘(c)’’ and
inserting in lieu thereof ‘‘(d)’’;
(5) in subsection (d), by striking out ‘‘(d)’’ and
inserting in lieu thereof ‘‘(e)’’; and
(6) by amending the heading to read as follows:
‘‘§ 2251. Sexual exploitation’’.
SEC. 3. CIVIL REMEDIES AND PROCEDURE.
(a) MODIFICATION OF EXISTING CIVIL REMEDIES.—
Section 2255 of title 18, United States Code, is amended
to read as follows:
‘‘§ 2255. Civil remedies.
‘‘(a) The district courts of the United States shall
have jurisdiction to prevent and restrain violations of sec-
tion 2251 of this title by issuing appropriate orders, in-
cluding—
‘‘(1) ordering any person to divest himself of
any interest, direct or indirect, in any legal or busi-
ness entity;
‘‘(2) imposing reasonable restrictions on the fu-
ture activities or investments of any person including
prohibiting such person from engaging in the same
type of legal or business endeavor; or
‘‘(3) ordering dissolution or reorganization of
any legal or business entity after making due provi-
sion for the rights of innocent persons.
‘‘(b) The Attorney General or any person threatened
with loss or damage by reason of a violation of section
2251 of this title may institute proceedings under sub-
section (a) of this section and, in the event that the party
bringing suit prevails, such party shall recover the cost
of the suit, including a reasonable attorney’s fee. Pending
final determination, the court may at any time enter such
restraining orders or prohibitions, or take such other ac-
tions, including the acceptance of satisfactory performance
bonds, as it shall deem proper. For purposes of this sec-
(b) ADDITIONAL REMEDIES
AND PROCEDURE.—
Chapter 110 of title 18, United States Code, is amended
by adding at the end the following:
‘‘§ 2259. Civil penalties.
‘‘(a) Any person found to violate section 2251 of this
title by preponderance of the evidence shall be liable to
the United States Government for a civil penalty of
$100,000 and the forfeiture of any interest in property
described in section 2254. The Attorney General may
bring an action for recovery of any such civil penalty or
forfeiture against any such person. If the Attorney Gen-
eral prevails he may also recover the cost of the suit, in-
cluding a reasonable attorney’s fee.
‘‘(b) If the identity of any victim of an offense pro-
vided in section 2251 of this title is established before an
award of a civil penalty made to the United States under
this section, the victim shall be entitled to the award. If
there is more than one victim, the court shall apportion
the award among the victims on an equitable basis after
considering the harm suffered by each such victim.
‘‘§ 2260. Venue and process.
‘‘(a) Any civil action or proceeding brought under this
chapter may be instituted in the district court of the Unit-
ed States for any district in which the defendant resides,
is found, has an agent, or transacts his affairs.
‘‘(b) In any action under section 2255 or 2259 of this
title in any district court of the United States in which
it is shown that the ends of justice require that other par-
ties residing in any other district be brought before the
court, the court may cause such parties to be summoned,
and process for that purpose may be served in any judicial
district of the United States by the marshal of such judi-
cial district.
‘‘(c) In any civil or criminal action or proceeding
under this chapter in the district court of the United
States for any judicial district, a subpoena issued by such
court to compel the attendance of witnesses may be served
in any other judicial district except that no subpoena shall
be issued for service upon any individual who resides in
another district at a place more than one hundred miles
from the place at which such court is held without ap-
proval given by a judge of such court upon a showing of
good cause.
‘‘(d) All other process in any action or proceeding
under this chapter may be served on any person in any
judicial district in which such person resides, is found, has
an agent, or transacts his affairs.
‘‘§ 2261. Expedition of actions.
‘‘In any civil action instituted under this chapter by
the United States in any district court of the United
States, the Attorney General may file with the clerk of
such court a certificate stating that in his opinion the case
is of general public importance. A copy of that certificate
shall be furnished immediately by such clerk to the chief
judge or in his absence to the presiding district judge of
the district in which such action is pending. Upon receipt
of such copy, such judge shall designate immediately a
judge of that district to hear and determine the action.
The judge designated to hear and determine the action
shall assign the action for hearing as soon as practicable
and hold hearings and make a determination as expedi-
tiously as possible.
‘‘§ 2262. Evidence.
‘‘In any proceeding ancillary to or in any civil action
instituted under this chapter the proceedings may be
opened or closed to the public at the discretion of the court
after consideration of the rights of affected persons.
‘‘§ 2263. Limitations.
‘‘A civil action under section 2255 or 2259 of this
title must be brought within six years from the date the
violation is committed. In any such action brought by or
on behalf of a person who was a minor at the date the
violation was committed, the running of such six-year pe-
riod shall be deemed to have been tolled during the period
of such person’s minority.’’.
SEC. 5. CLERICAL AMENDMENT.
(a) TABLE OF SECTIONS.—The table of sections for
chapter 110 of part I of title 18, United States Code, is
amended to read as follows:
‘‘CHAPTER 110—SEXUAL EXPLOITATION
‘‘Sec.
‘‘2251. Sexual exploitation.
‘‘2252. Selling or buying of children.
‘‘2253. Criminal forfeiture.
‘‘2254. Civil forfeiture.
‘‘2255. Civil remedies.
‘‘2256. Definitions for chapter.
‘‘2257. Record keeping requirements.
‘‘2258. Failure to report child abuse.
‘‘2259. Civil penalties.
‘‘2260. Venue and process.
‘‘2261. Expedition of actions.
‘‘2262. Evidence.
‘‘2263. Limitations.’’.
(b) TABLE OF CHAPTERS.—The table of chapters for
part I of title 18, United States Code, is amended by strik-
ing the item relating to chapter 110 and inserting in lieu
thereof the following:
‘‘110. Sexual Exploitation ............................................................... 2251’’.
Æ