104 
ties to cease all such activities, thereby reducing 
both supply and demand in the interstate mar-
ket for child pornography. 
(F) Federal control of the intrastate inci-
dents of the production, transportation, dis-
tribution, receipt, advertising, and possession of 
child pornography, as well as the intrastate 
transfer of children for the production of child 
pornography, is essential to the effective control 
of the interstate market in child pornography. 
(2) The importance of protecting children from 
repeat exploitation in child pornography: 
(A) The vast majority of child pornography 
prosecutions today involve images contained on 
computer hard drives, computer disks, and re-
lated media. 
(B) Child pornography is not entitled to 
protection under the First Amendment and 
thus may be prohibited. 
(C) The government has a compelling state 
interest in protecting children from those who 
sexually exploit them, and this interest extends 
to stamping out the vice of child pornography 
at all levels in the distribution chain.
105 
(D) Every instance of viewing images of 
child pornography represents a renewed viola-
tion of the privacy of the victims and a repeti-
tion of their abuse. 
(E) Child pornography constitutes prima 
facie contraband, and as such should not be dis-
tributed to, or copied by, child pornography de-
fendants or their attorneys. 
(F) It is imperative to prohibit the repro-
duction of child pornography in criminal cases 
so as to avoid repeated violation and abuse of 
victims, so long as the government makes rea-
sonable accommodations for the inspection, 
viewing, and examination of such material for 
the purposes of mounting a criminal defense. 
SEC. 803. STRENGTHENING SECTION 2257 TO ENSURE THAT 
CHILDREN ARE NOT EXPLOITED IN THE PRO-
DUCTION OF PORNOGRAPHY. 
Section 2257 of title 18 of the United States Code 
is amended— 
(1) in subsection (a)(l), by striking ‘‘actual’’; 
(2) in subsection (b), by striking ‘‘actual’’; 
(3) in subsection (f)(4)(A), by striking ‘‘ac-
tual’’;
106 
(4) by amending paragraph (1) of subsection 
(h) to read as follows: 
‘‘(1) the term ‘sexually explicit conduct’ has the 
meaning set forth in subparagraphs (A)(i) through 
(v) of paragraph (2) of section 2256 of this title;’’; 
(5) in subsection (h)(4), by striking ‘‘actual.’’; 
(6) in subsection (f)— 
(A) at the end of paragraph (3), by strik-
ing ‘‘and’’; 
(B) at the end of paragraph (4)(B), by 
striking the period and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (4)(B) 
the following new paragraph: 
‘‘(5) for any person to whom subsection (a) ap-
plies to refuse to permit the Attorney General or his 
or her delegee to conduct an inspection under sub-
section (c).’’. 
(7) in subsection (h)(3), by striking ‘‘to 
produce, manufacture, or publish any book, maga-
zine, periodical, film, video tape, computer generated 
image, digital image, or picture, or other similar 
matter and includes the duplication, reproduction, or 
reissuing of any such matter, but does not include 
mere distribution or any other activity which does 
not involve hiring, contracting for managing or oth-
107 
erwise arranging for the participation of the per-
formers depicted’’ and inserting ‘‘actually filming, 
videotaping, photographing; creating a picture, dig-
ital image, or digitally- or computer-manipulated 
image of an actual human being; or digitizing an 
image, of a visual depiction of sexually explicit con-
duct; or, assembling, manufacturing, publishing, du-
plicating, reproducing, or reissuing a book, maga-
zine, periodical, film, videotape, digital image, or pic-
ture, or other matter intended for commercial dis-
tribution, that contains a visual depiction of sexually 
explicit conduct; or, inserting on a computer site or 
service a digital image of, or otherwise managing the 
sexually explicit content, of a computer site or serv-
ice that contains a visual depiction of, sexually ex-
plicit conduct’’; 
(8) in subsection (a), by inserting after ‘‘video-
tape,’’ the following: ‘‘digital image, digitally- or 
computer-manipulated image of an actual human 
being, or picture,’’; and 
(9) in subsection (f)(4), by inserting after 
‘‘video’’ the following: ‘‘digital image, digitally- or 
computer-manipulated image of an actual human 
being, or picture,’’.
108 
SEC. 804. PREVENTION OF DISTRIBUTION OF CHILD POR-
NOGRAPHY USED AS EVIDENCE IN PROSECU-
TIONS. 
Section 3509 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(m) PROHIBITION ON REPRODUCTION OF CHILD 
PORNOGRAPHY.— 
‘‘(1) In any criminal proceeding, any property 
or material that constitutes child pornography (as 
defined by section 2256 of this title) must remain in 
the care, custody, and control of either the Govern-
ment or the court. 
‘‘(2)(A) Notwithstanding Rule 16 of the Fed-
eral Rules of Criminal Procedure, a court shall deny, 
in any criminal proceeding, any request by the de-
fendant to copy, photograph, duplicate, or otherwise 
reproduce any property or material that constitutes 
child pornography (as defined by section 2256 of 
this title), so long as the Government makes the 
property or material reasonably available to the de-
fendant. 
‘‘(B) For the purposes of subparagraph (A), 
property or material shall be deemed to be reason-
ably available to the defendant if the Government 
provides ample opportunity for inspection, viewing, 
and examination at a Government facility of the