I
104TH CONGRESS
2D SESSION
H. R. 4123
To amend certain provisions of law relating to child pornography, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 19, 1996
Mr. KENNEDY of Massachusetts introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To amend certain provisions of law relating to child
pornography, 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 ‘‘Child Pornography
Prevention Act of 1996’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the use of children in the production of sex-
ually explicit material, including photographs, films,
videos, computer images, and other visual depictions,
is a form of sexual abuse which can result in phys-
ical or psychological harm, or both, to the children
involved;
(2) where children are used in its production,
child pornography permanently records the victim’s
abuse, and its continued existence causes the child
victims of sexual abuse continuing harm by haunting
those children in future years;
(3) child pornography is often used as part of
a method of seducing other children into sexual ac-
tivity; a child who is reluctant to engage in sexual
activity with an adult, or to pose for sexually explicit
photographs, can sometimes be convinced by viewing
depictions of other children ‘‘having fun’’ participat-
ing in such activity;
(4) child pornography is often used by
pedophiles and child sexual abusers to stimulate and
whet their own sexual appetites, and as a model for
sexual acting out with children; such use of child
pornography can desensitize the viewer to the pa-
thology of sexual abuse or exploitation of children,
so that it can become acceptable to and even pre-
ferred by the viewer;
(5) new photographic and computer imaging
technologies make it possible to produce by elec-
tronic, mechanical, or other means, visual depictions
of what appear to be children engaging in sexually
explicit conduct that are virtually indistinguishable
to the unsuspecting viewer from unretouched photo-
graphic images of actual children engaging in sexu-
ally explicit conduct;
(6) computers and computer imaging tech-
nology can be used to—
(A) alter sexually explicit photographs,
films, and videos in such a way as to make it
virtually impossible for unsuspecting viewers to
identify individuals, or to determine if the of-
fending material was produced using children;
(B) produce visual depictions of child sex-
ual activity designed to satisfy the preferences
of individual child molesters, pedophiles, and
pornography collectors; and
(C) alter innocent pictures of children to
create visual depictions of those children engag-
ing in sexual conduct;
(7) The creation or distribution of child pornog-
raphy which includes an image of a recognizable
minor invades the child’s privacy and reputational
interests, since images that are created showing a
child’s face or other identifiable feature on a body
engaging in sexually explicit conduct can haunt the
minor for years to come;
(8) the effect of visual depictions of child sexual
activity on a child molester or pedophile using that
material to stimulate or whet his own sexual appe-
tites, or on a child where the material is being used
as a means of seducing or breaking down the child’s
inhibitions to sexual abuse or exploitation, is the
same whether the child pornography consists of pho-
tographic depictions of actual children or visual de-
pictions produced wholly or in part by electronic,
mechanical, or other means, including by computer,
which 
are 
virtually 
indistinguishable 
to 
the
unsuspecting viewer from photographic images of ac-
tual children;
(9) the danger to children who are seduced and
molested with the aid of child sex pictures is just as
great when the child pornographer or child molester
uses visual depictions of child sexual activity pro-
duced wholly or in part by electronic, mechanical, or
other means, including by computer, as when the
material consists of unretouched photographic im-
ages of actual children engaging in sexually explicit
conduct;
(10)(A) the existence of and traffic in child por-
nographic images creates the potential for many
types of harm in the community and presents a clear
and present danger to all children; and
(B) it inflames the desires of child molesters,
pedophiles, and child pornographers who prey on
children, thereby increasing the creation and dis-
tribution of child pornography and the sexual abuse
and exploitation of actual children who are victim-
ized as a result of the existence and use of these ma-
terials;
(11)(A) the sexualization and eroticization of
minors through any form of child pornographic im-
ages has a deleterious effect on all children by en-
couraging a societal perception of children as sexual
objects and leading to further sexual abuse and ex-
ploitation of them; and
(B) this sexualization of minors creates an un-
wholesome environment which affects the psycho-
logical, mental and emotional development of chil-
dren and undermines the efforts of parents and fam-
ilies to encourage the sound mental, moral and emo-
tional development of children;
(12) prohibiting the possession and viewing of
child pornography will encourage the possessors of
such material to rid themselves of or destroy the ma-
terial, thereby helping to protect the victims of child
pornography and to eliminate the market for the
sexual exploitative use of children; and
(13) the elimination of child pornography and
the protection of children from sexual exploitation
provide a compelling governmental interest for pro-
hibiting the production, distribution, possession,
sale, or viewing of visual depictions of children en-
gaging in sexually explicit conduct, including both
photographic images of actual children engaging in
such conduct and depictions produced by computer
or other means which are virtually indistinguishable
to the unsuspecting viewer from photographic im-
ages of actual children engaging in such conduct.
SEC. 3. DEFINITIONS.
Section 2256 of title 18, United States Code, is
amended—
(1) in paragraph (5), by inserting before the
semicolon the following: ‘‘, and data stored on com-
puter disk or by electronic means which is capable
of conversion into a visual image’’;
(2) in paragraph (6), by striking ‘‘and’’;
(3) in paragraph (7), by striking the period and
inserting ‘‘; and’’; and
(4) by adding at the end the following new
paragraph:
‘‘(8) ‘child pornography’ means any visual de-
piction, including any photograph, film, video, pic-
ture, or computer or computer-generated image or
picture, whether made or produced by electronic,
mechanical, or other means, of sexually explicit con-
duct, where—
‘‘(A) the production of such visual depic-
tion involves the use of a minor engaging in
sexually explicit conduct;
‘‘(B) such visual depiction is, or appears to
be, of a minor engaging in sexually explicit con-
duct; or
‘‘(C) such visual depiction is advertised,
promoted, presented, described, or distributed
in such a manner that conveys the impression
that the material is or contains a visual depic-
tion of a minor engaging in sexually explicit
conduct.’’.
‘‘(D) such visual depiction is advertised,
promoted, presented, described, or distributed
in such a manner that conveys the impression
that the material is or contains a visual depic-
tion of a minor engaging in sexually explicit
conduct; and
‘‘(9) ‘identifiable minor’—
‘‘(A) means a person—
‘‘(i)(I) who was a minor at the time
the visual depiction was created, adapted,
or modified; or
‘‘(II) whose image as a minor was
used in creating, adapting, or modifying
the visual depiction; and
‘‘(ii) who is recognizable as an actual
person by the person’s face, likeness, or
other distinguishing characteristic, such as
a unique birthmark or other recognizable
feature; and
‘‘(B) shall not be construed to require
proof of the actual identity of the identifiable
minor.’’.
SEC. 4. PROHIBITED ACTIVITIES RELATING TO MATERIAL
CONSTITUTING OR CONTAINING CHILD POR-
NOGRAPHY.
(a) IN GENERAL.—Chapter 110 of title 18, United
States Code, is amended by adding after section 2252 the
following:
‘‘§ 2252A. Certain activities relating to material con-
stituting or containing child pornography
‘‘(a) Any person who—
‘‘(1) knowingly mails, or transports or ships in
interstate or foreign commerce by any means, in-
cluding by computer, any child pornography;
‘‘(2) knowingly receives or distributes—
‘‘(A) any child pornography that has been
mailed, or shipped or transported in interstate
or foreign commerce by any means, including
by computer; or
‘‘(B) any material that contains child por-
nography that has been mailed, or shipped or
transported in interstate or foreign commerce
by any means, including by computer;
‘‘(3) knowingly reproduces any child pornog-
raphy for distribution through the mails, or in inter-
state or foreign commerce by any means, including
by computer;
‘‘(4) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the United
States Government, or in the Indian country
(as defined in section 1151), knowingly sells or
possesses with the intent to sell any child por-
nography; or
‘‘(B) knowingly sells or possesses with the
intent to sell any child pornography that has
been mailed, or shipped or transported in inter-
state or foreign commerce by any means, in-
cluding by computer, or that was produced
using materials that have been mailed, or
shipped or transported in interstate or foreign
commerce by any means, including by com-
puter; or
‘‘(5) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the United
States Government, or in the Indian country
(as defined in section 1151), knowingly pos-
sesses 3 or more books, magazines, periodicals,
films, videotapes, or other material which con-
tain any visual depiction of child pornography,
or any book, magazine, periodical, film, video-
tape, computer disk, or any other material that
contains 3 or more images of child pornog-
raphy; or
‘‘(B) knowingly possesses 3 or more books,
magazines, periodicals, films, videotapes, or
other material which contain any visual depic-
tion of child pornography, or any book, maga-
zine, periodical, film, videotape, computer disk,
or any other material that contains 3 or more
images of child pornography that has been
mailed, or shipped or transported in interstate
or foreign commerce by any means, including
by computer, or that was produced using mate-
rials that have been mailed, or shipped or
transported in interstate or foreign commerce
by any means, including by computer,
shall be punished as provided in subsection (b).
‘‘(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), (3), or (4) of subsection (a)
shall be fined under this title or imprisoned not more than
15 years, or both, but, if such person has a prior convic-
tion under this chapter or chapter 109A, or under the laws
of any State relating to aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or
ward, or the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornog-
raphy, such person shall be fined under this title and im-
prisoned for not less than 5 years nor more than 30 years.
‘‘(2) Whoever violates, or attempts or conspires to
violate, subsection (a)(5) shall be fined under this title or
imprisoned not more than 5 years, or both, but, if such
person has a prior conviction under this chapter or chapter
109A, or under the laws of any State relating to the pos-
session of child pornography, such person shall be fined
under this title and imprisoned for not less than 2 years
nor more than 10 years.
‘‘(c) It shall be an affirmative defense to a charge
of violating paragraphs (1), (2), (3), or (4) of subsection
(a) that—
‘‘(1) the alleged child pornography was pro-
duced using an actual person or persons engaging in
sexually explicit conduct;
‘‘(2) each such person was an adult at the time
the material was produced; and
‘‘(3) the defendant did not advertise, promote,
present, describe, or distribute the material in such
a manner as to convey the impression that it is or
contains a visual depiction of a minor engaging in
sexually explicit conduct.’’.
(b) TECHNICAL AMENDMENT.—The table of sections
for chapter 110 of title 18, United States Code, is amend-
ed by adding after the item relating to section 2252 the
following:
‘‘2252A. Certain activities relating to material constituting or containing child
pornography.’’.
SEC. 5. PENALTIES FOR SEXUAL EXPLOITATION OF CHIL-
DREN.
Section 2251(d) of title 18, United States Code, is
amended to read as follows:
‘‘(d) Any individual who violates, or attempts or con-
spires to violate, this section shall be fined under this title
or imprisoned not less than 10 years nor more than 20
years, and both, but if such person has one prior convic-
tion under this chapter or chapter 109A, or under the laws
of any State relating to the sexual exploitation of children,
such person shall be fined under this title and imprisoned
for not less than 15 years nor more than 30 years, but
if such person has 2 or more prior convictions under this
chapter of chapter 109A, or under the laws of any State
relating to the sexual exploitation of children, such person
shall be fined under this title and imprisoned not less than
30 years nor more than life. Any organization that vio-
lates, or attempts or conspires to violate, this section shall
be fined under this title. Whoever, in the course of an of-
fense under this section, engages in conduct that results
in the death of a person, shall be punished by death or
imprisoned for any term of years or for life.’’.
SEC. 6. MATERIAL INVOLVING SEXUAL EXPLOITATION OF
MINORS.
Section 2252 of title 18, United States Code, is
amended—
(1) in subparagraphs (A) and (B) of subsection
(a)(4), after ‘‘3 or more books, magazines, periodi-
cals, films, videotapes, or other material which con-
tain any visual depiction’’ by adding ‘‘or any book,
magazine, periodical, film, videotape, or other mate-
rial which contains 3 or more visual depictions’’; and
(2) by striking subsection (b) and inserting the
following:
‘‘(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), or (3) of subsection (a) shall
be fined under this title or imprisoned not more than 15
years, or both, but if such person has a prior conviction
under this chapter or chapter 109A, or under the laws
of any State relating to aggravated sexual abuse, sexual
abuse, or abusive sexual conduct involving a minor or
ward, or the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornog-
raphy, such person shall be fined under this title and im-
prisoned for not less than 5 years nor more than 30 years.
‘‘(2) Whoever violates, or attempts or conspires to
violate, paragraph (4) of subsection (a) shall be fined
under this title or imprisoned not more than 5 years, or
both, but if such person has a prior conviction under this
chapter or chapter 109A, or under the laws of any State
relating to the possession of child pornography, such per-
son shall be fined under this title and imprisoned for not
less than 2 years nor more than 10 years.’’.
SEC. 7. PRIVACY PROTECTION ACT AMENDMENTS.
Section 101 of the Privacy Protection Act of 1980
(42 U.S.C. 2000aa) is amended—
(1) in subsection (a)(1), by inserting before the
parenthesis at the end the following: ‘‘, or if the of-
fense involves the production, possession, receipt,
mailing, sale, distribution, shipment, or transpor-
tation of child pornography, the sexual exploitation
of children, or the sale or purchase of children under
section 2251, 2251A, 2252, 2252A, or 2252B of
title 18, United States Code’’; and
(2) in subsection (b)(1), by inserting before the
parenthesis at the end the following: ‘‘, or if the of-
fense involves the production, possession, receipt,
mailing, sale, distribution, shipment, or transpor-
tation of child pornography, the sexual exploitation
of children, or the sale or purchase of children under
section 2251, 2251A, 2252, 2252A, or 2252B of
title 18, United States Code’’.
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made
by this Act, and the application of such to any other per-
son or circumstance shall not be affected thereby.
SEC. 9. PROHIBITED ACTIVITIES RELATING TO MATERIAL
DEPICTING THE SEXUAL EXPLOITATION OF
MINORS.
(a) IN GENERAL.—Chapter 110 of title 18, United
States Code, is amended by adding after section 2252A,
as added by section 4 of this Act, the following:
‘‘§ 2252B. Certain activities relating to material de-
picting the sexual exploitation of minors
‘‘(a) Any person who—
‘‘(1) knowingly mails, or transports or ships in
interstate or foreign commerce by any means, in-
cluding by computer, any visual depiction, if such
visual depiction has been created, adapted, or modi-
fied to appear that an identifiable minor is engaged
in sexually explicit conduct;
‘‘(2) knowingly receives or distributes any visual
depiction or any material that contains a visual de-
piction that has been mailed, or shipped or trans-
ported in interstate or foreign commerce by any
means, including by computer, if such visual depic-
tion has been created, adapted, or modified to ap-
pear that an identifiable minor is engaged in sexu-
ally explicit conduct;
‘‘(3) knowingly reproduces any visual depiction
for distribution through the mails, or in interstate or
foreign commerce by any means, including by com-
puter, if such visual depiction has been created,
adapted, or modified to appear that an identifiable
minor is engaged in sexually explicit conduct;
‘‘(4) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the United
States Government, or in the Indian country
(as defined in section 1151), knowingly sells or
possesses with the intent to sell any visual de-
piction; or
‘‘(B) knowingly sells or possesses with the
intent to sell any visual depiction that has been
mailed, or shipped or transported in interstate
or foreign commerce by any means, including
computer, or that was produced using materials
that have been mailed, or shipped or trans-
ported in interstate commerce by any means,
including by computer;
if such visual depiction has been created, adapted, or
modified to appear that an identifiable minor is en-
gaged in sexually explicit conduct; or
‘‘(5) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the United
States Government, or in the Indian country
(as defined in section 1151), knowingly pos-
sesses 3 or more books, magazines, periodicals,
films, videotapes, or other material which con-
tain any visual depiction, or any book, maga-
zine, periodical, film, videotape, computer disk,
or any other material that contains 3 or more
visual depictions; or
‘‘(B) knowingly possesses 3 or more books,
magazines, periodicals, films, videotapes, or
other material which contain any visual depic-
tion, or any book, magazine, periodical, film,
videotape, computer disk, or any other material
that contains 3 or more visual depictions that
has been mailed, or shipped or transported in
interstate or foreign commerce by any means,
including by computer;
if such visual depiction has been created, adapted, or
modified to appear that an identifiable minor is en-
gaged in sexually explicit conduct;
shall be punished as provided in subsection (b).
‘‘(b)(1) Whoever violates, or attempts or conspires to
violate, paragraph (1), (2), (3), or (4) of subsection (a)
shall be fined under this title or imprisoned not more than
15 years, or both, but, if such person has a prior convic-
tion under this chapter or chapter 109A, or under the laws
of any State relating to the production, possession, receipt,
mailing, sale, distribution, shipment, or transportation of
a visual depiction that would be prohibited under this
chapter if it had occurred within the special maritime and
territorial jurisdiction of the United States, such person
shall be fined under this title and imprisoned for not less
than 5 years nor more than 30 years.
‘‘(2) Whoever violates, or attempts or conspires to
violate, subsection (a)(5) shall be fined under this title or
imprisoned not more than 5 years, or both, but, if such
person has a prior conviction under this chapter or chapter
109A, or under the laws of any State relating to the pro-
duction, possession, receipt, mailing, sale, distribution,
shipment, or transportation of a visual depiction that