I 
108TH CONGRESS 
1ST SESSION H. R. 1161
To prevent trafficking in child pornography and obscenity, to proscribe pan-
dering and solicitation relating to visual depictions of minors engaging 
in sexually explicit conduct, to prevent the use of child pornography 
and obscenity to facilitate crimes against children, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2003
Mr. SMITH of Texas (for himself, Mr. COBLE, Mr. SENSENBRENNER, Mr. 
POMEROY, Mr. LAMPSON, Mr. FOLEY, Mr. BAKER, Mr. BARTLETT of 
Maryland, Mr. CANNON, Mr. CULBERSON, Mr. DELAY, Mr. WAMP, Mr. 
RYUN of Kansas, Mr. GILCHREST, Mr. WILSON of South Carolina, Mr. 
GREEN of Wisconsin, Mr. HUNTER, Ms. JACKSON-LEE of Texas, Mr. 
JENKINS, Mrs. JOHNSON of Connecticut, Mr. PICKERING, Mr. SIMMONS, 
Mr. SOUDER, Mr. SPRATT, Mr. STENHOLM, Mr. WELDON of Florida, Mr. 
PENCE, Mr. OXLEY, Mr. MATHESON, Mr. LOBIONDO, Mr. KENNEDY of 
Minnesota, Mr. ROGERS of Michigan, Mr. WELLER, Mr. BACHUS, Ms. 
HART, Mr. GOODLATTE, Mr. KELLER, Mrs. CAPITO, and Mr. VIS-
CLOSKY) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To prevent trafficking in child pornography and obscenity, 
to proscribe pandering and solicitation relating to visual 
depictions of minors engaging in sexually explicit con-
duct, to prevent the use of child pornography and obscen-
ity to facilitate crimes against children, 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 Obscenity and 
Pornography Prevention Act of 2003’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Obscenity and child pornography are not 
entitled to protection under the First Amendment 
under Miller v. California, 413 U.S. 15 (1973) (ob-
scenity), or New York v. Ferber, 458 U.S. 747 
(1982) (child pornography) and thus may be prohib-
ited. 
(2) The Government has a compelling state in-
terest in protecting children from those who sexually 
exploit them, including both child molesters and 
child pornographers. ‘‘The prevention of sexual ex-
ploitation and abuse of children constitutes a gov-
ernment objective of surpassing importance,’’ New 
York v. Ferber, 458 U.S. 747, 757 (1982), and this 
interest extends to stamping out the vice of child 
pornography at all levels in the distribution chain. 
Osborne v. Ohio, 495 U.S. 103, 110 (1990). 
(3) The Government thus has a compelling in-
terest in ensuring that the criminal prohibitions
against child pornography remain enforceable and 
effective. ‘‘The most expeditious if not the only prac-
tical method of law enforcement may be to dry up 
the market for this material by imposing severe 
criminal penalties on persons selling, advertising, or 
otherwise promoting the product.’’ Ferber, 458 U.S. 
at 760. 
(4) In 1982, when the Supreme Court decided 
Ferber, the technology did not exist to: 
(A) computer generate depictions of chil-
dren that are indistinguishable from depictions 
of real children; 
(B) use parts of images of real children to 
create a composite image that is unidentifiable 
as a particular child and in a way that prevents 
even an expert from concluding that parts of 
images of real children were used; or 
(C) disguise pictures of real children being 
abused by making the image look computer-
generated. 
(5) Evidence submitted to the Congress, includ-
ing from the National Center for Missing and Ex-
ploited Children, demonstrates that technology al-
ready exists to disguise depictions of real children to 
make them unidentifiable and to make depictions of
real children appear computer-generated. The tech-
nology will soon exist, if it does not already, to com-
puter generate realistic images of children. 
(6) The vast majority of child pornography 
prosecutions today involve images contained on com-
puter hard drives, computer disks, and/or related 
media. 
(7) There is no substantial evidence that any of 
the child pornography images being trafficked today 
were made other than by the abuse of real children. 
Nevertheless, technological advances since Ferber 
have led many criminal defendants to suggest that 
the images of child pornography they possess are not 
those of real children, insisting that the government 
prove beyond a reasonable doubt that the images are 
not computer-generated. Such challenges increased 
significantly after the decision in Ashcroft v. Free 
Speech Coalition 535 U.S. 234 (2002). 
(8) Child pornography circulating on the Inter-
net has, by definition, been digitally uploaded or 
scanned into computers and has been transferred 
over the Internet, often in different file formats, 
from trafficker to trafficker. An image seized from 
a collector of child pornography is rarely a first-gen-
eration product, and the retransmission of images
can alter the image so as to make it difficult for 
even an expert conclusively to opine that a particular 
image depicts a real child. If the original image has 
been scanned from a paper version into a digital for-
mat, this task can be even harder since proper fo-
rensic assessment may depend on the quality of the 
image scanned and the tools used to scan it. 
(9) The impact of the Free Speech Coalition de-
cision on the Government’s ability to prosecute child 
pornography offenders is already evident. The Ninth 
Circuit has seen a significant adverse effect on pros-
ecutions since the 1999 Ninth Circuit Court of Ap-
peals decision in Free Speech Coalition. After that 
decision, prosecutions generally have been brought in 
the Ninth Circuit only in the most clear-cut cases in 
which the government can specifically identify the 
child in the depiction or otherwise identify the origin 
of the image. This is a fraction of meritorious child 
pornography cases. The National Center for Missing 
and Exploited Children testified that, in light of the 
Supreme Court’s affirmation of the Ninth Circuit 
decision, prosecutors in various parts of the country 
have expressed concern about the continued viability 
of previously indicted cases as well as declined po-
tentially meritorious prosecutions.
(10) Since the Supreme Court’s decision in 
Free Speech Coalition, defendants in child pornog-
raphy cases have almost universally raised the con-
tention that the images in question could be virtual, 
thereby requiring the government, in nearly every 
child pornography prosecution, to find proof that the 
child is real. Some of these defense efforts have al-
ready been successful. In addition, the number of 
prosecutions being brought has been significantly 
and adversely affected as the resources required to 
be dedicated to each child pornography case now are 
significantly higher than ever before. 
(11) Leading experts agree that, to the extent 
that the technology exists to computer generate real-
istic images of child pornography, the cost in terms 
of time, money, and expertise is—and for the fore-
seeable future will remain—prohibitively expensive. 
As a result, for the foreseeable future, it will be 
more cost-effective to produce child pornography 
using real children. It will not, however, be difficult 
or expensive to use readily available technology to 
disguise those depictions of real children to make 
them unidentifiable or to make them appear com-
puter-generated.
(12) Child pornography results from the abuse 
of real children by sex offenders; the production of 
child pornography is a byproduct of, and not the pri-
mary reason for, the sexual abuse of children. There 
is no evidence that the future development of easy 
and inexpensive means of computer generating real-
istic images of children would stop or even reduce 
the sexual abuse of real children or the practice of 
visually recording that abuse. 
(13) In the absence of congressional action, the 
difficulties in enforcing the child pornography laws 
will continue to grow increasingly worse. The mere 
prospect that the technology exists to create com-
posite or computer-generated depictions that are in-
distinguishable from depictions of real children will 
allow defendants who possess images of real children 
to escape prosecution; for it threatens to create a 
reasonable doubt in every case of computer images 
even when a real child was abused. This threatens 
to render child pornography laws that protect real 
children unenforceable. Moreover, imposing an addi-
tional requirement that the Government prove be-
yond a reasonable doubt that the defendant knew 
that the image was in fact a real child—as some 
courts have done—threatens to result in the de facto
legalization of the possession, receipt, and distribu-
tion of child pornography for all except the original 
producers of the material.
(14) To avoid this grave threat to the Govern-
ment’s unquestioned compelling interest in effective 
enforcement of the child pornography laws that pro-
tect real children, a statute must be adopted that 
prohibits a narrowly-defined subcategory of images. 
(15) The Supreme Court’s 1982 Ferber v. New 
York decision holding that child pornography was 
not protected drove child pornography off the shelves 
of adult bookstores. Congressional action is nec-
essary now to ensure that open and notorious traf-
ficking in such materials does not reappear, and 
even increase, on the Internet. 
SEC. 3. 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 digital 
image, computer image, or computer-generated 
image that is, or is indistinguishable (as defined 
in section 1466A) from, that of a minor engag-
ing 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 sim-
ulated—
‘‘(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) graphic 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) graphic or lascivious simulated; 
‘‘(I) bestiality; 
‘‘(II) masturbation; or
‘‘(III) sadistic or masochistic abuse; 
or 
‘‘(iii) graphic or simulated lascivious exhi-
bition of the genitals or pubic area of any per-
son;’’. 
(c) Section 2256 is amended—
(1) in paragraph 8(D), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting at the end the following new 
paragraph: 
‘‘(10) ‘graphic’, when used with respect to a de-
piction of sexually explicit conduct, means that a 
viewer can observe any part of the genitals or pubic 
area of any depicted person or animal during any 
part of the time that the sexually explicit conduct is 
being depicted.’’. 
(d) 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 production of the alleged child pornography 
did not involve the use of a minor or an attempt or con-
spiracy to commit an offense under this section involving 
such use. 
‘‘(2) A violation of, or an attempt or conspiracy to 
violate, this section which involves child pornography as 
defined in section 2256(8)(A) or (C) shall be punishable 
without regard to the affirmative defense set forth in para-
graph (1).’’. 
SEC. 4. PROHIBITION ON PANDERING MATERIALS AS 
CHILD PORNOGRAPHY. 
(a) Section 2256(8) of title 18, United States Code, 
is amended—
(1) in subparagraph (C), by striking ‘‘or’’ at 
the end and inserting ‘‘and’’; and 
(2) 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 an actual 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 an actual 
minor engaging in sexually explicit conduct shall be sub-
ject to the penalties set forth in section 2252A(b)(1), in-
cluding the penalties provided for cases involving a prior 
conviction. 
‘‘(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 who 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.’’; and 
(2) in the table of sections at the beginning of 
the chapter, by inserting after the item relating to 
section 2252A the following:
‘‘2252B. Pandering and solicitation.’’.
SEC. 5. 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 indistinguishable from, that of a pre-pubescent 
child engaging in sexually explicit conduct, or attempts or 
conspires to do so, shall be subject to the penalties set 
forth in section 2252A(b)(1), including the penalties pro-
vided 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 indistinguishable from, that of a pre-pubescent child 
engaging in sexually explicit conduct, or attempts or con-
spires to do so, shall be subject to the penalties set forth 
in section 2252A(b)(2), including the penalties provided 
for cases involving a prior conviction. 
‘‘(c) For purposes of this section—
‘‘(1) the term ‘visual depiction’ includes unde-
veloped film and videotape, and data stored on com-
puter disk or by electronic means which is capable
of conversion into a visual image, and also includes 
any photograph, film, video, picture, or computer or 
computer-generated image or picture, whether made 
or produced by electronic, mechanical, or other 
means; 
‘‘(2) the term ‘pre-pubescent child’ means that 
(A) the child, as depicted, is one whose physical de-
velopment indicates the child is 12 years of age or 
younger; or (B) the child, as depicted, does not ex-
hibit significant pubescent physical or sexual matu-
ration. Factors that may be considered in deter-
mining significant pubescent physical maturation in-
clude body habitus and musculature, 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 pubescent sexual matura-
tion include breast development, presence of axillary 
hair, pubic hair distribution, and visible growth of 
the sexual organs; 
‘‘(3) the term ‘sexually explicit conduct’ has the 
meaning set forth in section 2256(2); and 
‘‘(4) the term ‘indistinguishable’ used with re-
spect to a depiction, means virtually indistinguish-
able, in that the depiction is such that an ordinary
person viewing the depiction would conclude that the 
depiction is of an actual minor engaged in sexually 
explicit conduct. This definition does not apply to 
depictions that are drawings, cartoons, sculptures, or 
paintings depicting minors or adults. 
‘‘(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.
‘‘§ 1466B. Obscene visual representations of sexual 
abuse of minors 
‘‘(a) Whoever, in a circumstance described in sub-
section (e), knowingly produces, distributes, receives, or
possesses with intent to distribute a visual depiction of any 
kind, including a drawing, cartoon, sculpture, or painting, 
that—
‘‘(1) depicts a minor engaging in sexually ex-
plicit conduct; and 
‘‘(2) is obscene; 
or attempts or conspires to do so, 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 (e), knowingly possesses a visual depiction of any 
kind, including a drawing, cartoon, sculpture, or painting, 
that—
‘‘(1) depicts a minor child engaging in sexually 
explicit conduct, and 
‘‘(2) is obscene, 
or attempts or conspires to do so, shall be subject to the 
penalties set forth in section 2252A(b)(2), including the 
penalties provided for cases involving a prior conviction. 
‘‘(c) It is not a required element of any offense under 
this section that the minor child depicted actually exist. 
‘‘(d) For purposes of this section, the terms ‘visual 
depiction’ has the meaning given that term in section 
1466A, and the terms ‘sexually explicit conduct’ and
‘minor’ have the meanings given those terms in section 
2256(2)(B). 
‘‘(e) 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. 
‘‘(f) 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 table of sections at the beginning of the 
chapter, by inserting after the item relating to sec-
tion 1466 the following new items:
‘‘1466A. Obscene visual depictions of young children. 
‘‘1466B. Obscene visual representations of pre-pubescent sexual abuse.’’.
(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 or 1466B of such title, shall 
be the category of offenses described in section 2G2.2 of 
the Sentencing Guidelines. 
(2) The Sentencing Commission may promulgate 
guidelines specifically governing offenses under sections 
1466A and 1466B of title 18, United States Code, pro-
vided that such guidelines shall not result in sentencing 
ranges that are lower than those that would have applied 
under paragraph (1).
SEC. 6. PROHIBITION ON USE OF MATERIALS TO FACILI-
TATE OFFENSES AGAINST MINORS. 
Chapter 71 of title 18, United States Code, is amend-
ed—
(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 visual depiction that is, or is in-
distinguishable from, that of a pre-pubescent child 
engaging in sexually explicit conduct, any obscene 
matter, or any child pornography; or
‘‘(2) provides or shows any obscene matter or 
child pornography, or any visual depiction that is, or 
is indistinguishable from, that of a pre-pubescent 
child engaging in sexually explicit conduct, or pro-
vides any other material assistance to any person in 
connection 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) the term ‘child pornography’ has the 
meaning set forth in section 2256(8); 
‘‘(2) the terms ‘visual depiction’, ‘pre-pubescent 
child’, and ‘indistinguishable’ have the meanings re-
spectively set forth for those terms in section 
1466A(c); and 
‘‘(3) the term ‘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.’’; and 
(2) in the table of sections at the beginning of 
the chapter, by inserting at the end the following:
‘‘1471. Use of obscene material or child pornography to facilitate offenses 
against minors.’’.
SEC. 7. 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; or 
‘‘(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. 8. STRENGTHENING ENHANCED PENALTIES FOR RE-
PEAT OFFENDERS. 
Sections 2251(e) (as redesignated by section 7(2)), 
2252(b), and 2252A(b) of title 18, United States Code, 
are each amended by inserting ‘‘chapter 71,’’ immediately 
before each occurrence of ‘‘chapter 109A,’’.
SEC. 9. 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 or 1466B of that title,’’ after ‘‘of that 
title),’’; 
(2) in subsection (c), by inserting ‘‘or pursuant 
to’’ after ‘‘to comply with’’; 
(3) 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.’’; 
(4) by redesignating paragraph (3) of sub-
section (b) as paragraph (4); and 
(5) by inserting after paragraph (2) of sub-
section (b) the following new paragraph: 
‘‘(3) In addition to forwarding such reports to 
those agencies designated in subsection (b)(2), the 
National Center for Missing and Exploited Children 
is authorized to forward any such report to an ap-
propriate official of a state or subdivision of a state 
for the purpose of enforcing state criminal 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. 10. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance, is held invalid, 
the remainder of this Act, and the application of such pro-
vision to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation.
SEC. 11. INVESTIGATIVE AUTHORITY RELATING TO CHILD 
PORNOGRAPHY. 
Section 3486(a)(1)(C)(i) of title 18, United States 
Code, is amended by striking ‘‘the name, address’’ and 
all that follows through ‘‘subscriber or customer utilized’’ 
and inserting ‘‘the information specified in section 
2703(c)(2)’’.
SEC. 12. DE NOVO REVIEW OF DEPARTURES. 
(a) IN GENERAL.—Section 3742 of title 18, United 
States Code, is amended—
(1) in subsection (e)(3), by striking ‘‘unreason-
able’’ and inserting ‘‘unwarranted’’; 
(2) at the end of subsection (e), by striking 
‘‘clearly erroneous and shall give due deference to 
the district court’s application of the guidelines to
the facts.’’ and inserting ‘‘clearly erroneous. If the 
sentence is outside the applicable guideline range, 
the court of appeals shall review de novo the district 
court’s determination under section 3553(b) that a 
departure is warranted on the ground that there ex-
ists an aggravating or mitigated circumstance of a 
kind, or to a degree, not adequately taken into con-
sideration by the Sentencing Commission in formu-
lating the guidelines, that should result in a sentence 
outside the applicable guideline range. In reviewing 
the district court’s determination of the applicable 
guideline range referred to in section 3553(a)(4), the 
court of appeals shall give due deference to the dis-
trict court’s application of the guidelines to the 
facts.’’; and 
(3) in subsection (f)(2), by striking ‘‘is unrea-
sonable’’ and inserting ‘‘is unwarranted’’. 
(b) REPORT BY THE ATTORNEY GENERAL.—
(1) Not later than 15 days after a district 
court’s grant of a downward departure in any case, 
other than a case involving a downward departure 
for substantial assistance to authorities pursuant to 
section 5K1.1 of the Sentencing Guidelines, the At-
torney General shall report to the House and Senate 
Committees on the Judiciary, setting forth the case,
the facts involved, the identity of the district court 
judge, the district court’s stated reasons, whether or 
not the court provided the United States with ad-
vance notice of its intention to depart, the position 
of the parties with respect to the downward depar-
ture, whether or not the United States has filed, or 
intends to file, a motion for reconsideration; whether 
or not the defendant has filed a notice of appeal con-
cerning any aspect of the case, and whether or not 
the United States has filed, or intends to file, a no-
tice of appeal of the departure pursuant to section 
3742 of the title 18, United States Code. 
(2) In any such case, the Attorney General 
shall thereafter report to the House and Senate 
Committees on the Judiciary not later than 5 days 
after a decision by the Solicitor General whether or 
not to authorize an appeal of the departure, inform-
ing the committees of the decision and the basis for 
it. 
SEC. 13. AUTHORIZATION OF INTERCEPTION OF COMMU-
NICATIONS IN THE INVESTIGATION OF SEX-
UAL CRIMES AGAINST CHILDREN. 
Section 2516(1)(c) of title 18, United States Code, 
is amended by inserting ‘‘1466A, 1466B,’’ before ‘‘2251’’.
SEC. 14. RECORDKEEPING TO DEMONSTRATE MINORS 
WERE NOT USED IN PRODUCTION OF POR-
NOGRAPHY. 
Not later than 1 year after enactment of this Act, 
the Attorney General shall submit to Congress a report 
detailing the number of times since January 1993 that 
the Department of Justice has inspected the records of 
any producer of materials regulated pursuant to section 
2257 of title 18, United States Code, and section 75 of 
title 28 of the Code of Federal Regulations. The Attorney 
General shall indicate the number of violations prosecuted 
as a result of those inspections.
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