IB
Union Calendar No. 261
103D CONGRESS
2D SESSION
H. R. 3993
[Report No. 103–469]
To amend title 18, United States Code, with respect to the sexual exploitation
of children.
IN THE HOUSE OF REPRESENTATIVES
MARCH 9, 1994
Mr. RAMSTAD (for himself, Mr. KENNEDY, and Mr. BLILEY) introduced the
following bill; which was referred to the Committee on the Judiciary
MARCH 25, 1994
Additional sponsors: Mr. LANTOS, Mrs. BYRNE, Mr. FIELDS of Texas, Mr.
JOHNSON of South Dakota, Mr. CUNNINGHAM, Mr. LEWIS of Florida,
Mr. FILNER, Mr. FOGLIETTA, Mr. RAHALL, Mr. UNDERWOOD, Mr. AP-
PLEGATE, Mr. WOLF, Mr. FROST, and Mr. PORTER
MARCH 25, 1994
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To amend title 18, United States Code, with respect to
the sexual exploitation of children.
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 ‘‘Child Sexual Abuse
Prevention Act of 1994’’.
SEC. 2. PENALTIES FOR INTERNATIONAL TRAFFICKING IN
CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of
title 18, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2259. Production of sexually explicit depictions of
a minor for importation into the United
States
‘‘(a) USE OF MINOR.—A person who, outside the
United States, employs, uses, persuades, induces, entices,
or coerces any minor to engage in, or who has a minor
assist any other person to engage in, or who transports
any minor with the intent that the minor engage in any
sexually explicit conduct for the purpose of producing any
visual depiction of such conduct, intending that the visual
depiction will be imported into the United States or into
waters within 12 miles of the coast of the United States,
shall be punished as provided in subsection (c).
‘‘(b) USE OF VISUAL DEPICTION.—A person who,
outside the United States, knowingly receives, transports,
ships, distributes, sells, or possesses with intent to trans-
port, ship, sell, or distribute any visual depiction of a
minor engaging in sexually explicit conduct (if the produc-
tion of the visual depiction involved the use of a minor
engaging in sexually explicit conduct), intending that the
visual depiction will be imported into the United States
or into waters within a distance of 12 miles of the coast
of the United States, shall be punished as provided in sub-
section (c).
‘‘(c) PENALTIES.—A person who violates subsection
(a) or (b), or conspires or attempts to do so—
‘‘(1) shall be fined under this title, imprisoned
not more than 10 years, or both; and
‘‘(2) if the person has a prior conviction under
this chapter or chapter 109A, shall be fined under
this title, imprisoned not more than 20 years, or
both.’’.
(b) TECHNICAL AMENDMENT.—
(1) CHAPTER ANALYSIS.—The table of sections
at the beginning of chapter 110 of title 18, United
States Code, is amended by adding at the end the
following new item:
‘‘2259. Production of sexually explicit depictions of a minor for importation into
the United States.’’.
(2) FINE PROVISIONS.—Section 2251(d) of title
18, United States Code, is amended—
(A) by striking ‘‘not more than $100,000,
or’’ and inserting ‘‘under this title,’’;
(B) by striking ‘‘not more than $200,000,
or’’ and inserting ‘‘under this title,’’; and
(C) by striking ‘‘not more than $250,000’’
and inserting ‘‘under this title’’.
(c) SECTION 2251 PENALTY ENHANCEMENT.—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘this section’’ the second place it appears and
inserting ‘‘this chapter or chapter 109A’’.
(d) SECTION 2252 PENALTY ENHANCEMENT.—Sec-
tion 2252(b)(1) of title 18, United States Code, is amend-
ed by striking ‘‘this section’’ and inserting ‘‘this chapter
or chapter 109A’’.
(e) CONSPIRACY AND ATTEMPT.—Sections 2251(d)
and 2252(b) of title 18, United States Code, are each
amended by inserting ‘‘, or attempts or conspires to vio-
late,’’ after ‘‘violates’’ each place it appears.
(f) RICO AMENDMENT.—Section 1961(l) of title 18,
United States Code, is amended by striking ‘‘2251–2252’’
and inserting ‘‘2251, 2252, and 2259’’.
(g) TRANSPORTATION OF MINORS.—Chapter 117 of
title 18, United States Code, is amended—
(1) by adding at the end the following new sec-
tion:
‘‘§ 2425. Travel with intent to engage in a sexual act
with a juvenile
‘‘A person who travels in interstate commerce, or con-
spires to do so, or a United States citizen or an alien ad-
mitted for permanent residence in the United States who
travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any sexual act (as defined in sec-
tion 2245) with a person under 18 years of age that would
be in violation of chapter 109A if the sexual act occurred
in the special maritime and territorial jurisdiction of the
United States shall be fined under this title, imprisoned
not more than 10 years, or both.’’; and
(2) in the table of sections at the beginning, by
adding at the end the following new item:
‘‘2425. Travel with intent to engage in a sexual act with a juvenile.’’.
SEC. 3. SENSE OF CONGRESS CONCERNING STATE LEGIS-
LATION REGARDING CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that
has not yet done so should enact legislation prohibiting
the production, distribution, receipt, or simple possession
of materials depicting a person under 18 years of age en-
gaging in sexually explicit conduct (as defined in section
2256 of title 18, United States Code) and providing for
a maximum imprisonment of at least 1 year and for the
forfeiture of assets used in the commission or support of,
or gained from, such offenses.