I 
109TH CONGRESS 
1ST SESSION H. R. 3726
To enhance prosecution of child pornography and obscenity by strengthening 
section 2257 of title 18, United States Code, to ensure that children 
are not exploited in the production of pornography, prohibiting distribu-
tion of child pornography used as evidence in prosecutions, authorizing 
assets forfeiture in child pornography and obscenity cases, expanding 
administrative subpoena power to cover obscenity cases, and prohibiting 
the production of obscenity, as well as its transportation, distribution, 
and sale, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2005
Mr. PENCE introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To enhance prosecution of child pornography and obscenity 
by strengthening section 2257 of title 18, United States 
Code, to ensure that children are not exploited in the 
production of pornography, prohibiting distribution of 
child pornography used as evidence in prosecutions, au-
thorizing assets forfeiture in child pornography and ob-
scenity cases, expanding administrative subpoena power 
to cover obscenity cases, and prohibiting the production 
of obscenity, as well as its transportation, distribution, 
and sale, 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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Child Pornography Prevention Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Findings. 
Sec. 3. Strengthening section 2257 to ensure that children are not exploited in 
the production of pornography. 
Sec. 4. Prevention of distribution of child pornography used as evidence in 
prosecutions. 
Sec. 5. Authorizing civil and criminal asset forfeiture in child exploitation and 
obscenity cases. 
Sec. 6. Enhancing administrative subpoena power to cover obscenity. 
Sec. 7. Prohibiting the production of obscenity as well as transportation, dis-
tribution, and sale.
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The effect of the intrastate production, 
transportation, distribution, receipt, advertising, and 
possession of child pornography on interstate market 
in child pornography. 
(A) The illegal production, transportation, 
distribution, receipt, advertising and possession 
of child pornography, as defined in section 
2256(8) of title 18, United States Code, as well 
as the transfer of custody of children for the 
production of child pornography, is harmful to 
the physiological, emotional, and mental health
of the children depicted in child pornography 
and has a substantial and detrimental effect on 
society as a whole. 
(B) A substantial interstate market in 
child pornography exists, including not only a 
multimillion dollar industry, but also a nation-
wide network of individuals openly advertising 
their desire to exploit children and to traffic in 
child pornography. Many of these individuals 
distribute child pornography with the expecta-
tion of receiving other child pornography in re-
turn. 
(C) The interstate market in child pornog-
raphy is carried on to a substantial extent 
through the mails and other instrumentalities 
of interstate and foreign commerce, such as the 
Internet. The advent of the Internet has greatly 
increased the ease of transporting, distributing, 
receiving, and advertising child pornography in 
interstate commerce. The advent of digital cam-
eras and digital video cameras, as well as video-
tape cameras, has greatly increased the ease of 
producing child pornography. The advent of in-
expensive computer equipment with the capacity 
to store large numbers of digital images of child