115TH CONGRESS 
1ST SESSION H. R. 1761 
AN ACT 
To amend title 18, United States Code, to criminalize the 
knowing consent of the visual depiction, or live trans-
mission, of a minor engaged in sexually explicit conduct, 
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 ‘‘Protecting Against 
Child Exploitation Act of 2017’’. 
SEC. 2. SEXUAL EXPLOITATION OF CHILDREN. 
Section 2251 of title 18, United States Code, is 
amended— 
(1) by amending subsections (a) and (b) to read 
as follows: 
‘‘(a) Any person who, in a circumstance described in 
subsection (f), knowingly— 
‘‘(1) employs, uses, persuades, induces, entices, 
or coerces a minor to engage in any sexually explicit 
conduct for the purpose of producing any visual de-
piction of such conduct, or transmitting a live visual 
depiction of such conduct; 
‘‘(2) produces or causes to be produced a visual 
depiction of a minor engaged in any sexually explicit 
conduct where the production of such visual depic-
tion involves the use of a minor engaging in sexually 
explicit conduct and such visual depiction is of such 
conduct; 
‘‘(3) transmits or causes to be transmitted a 
live visual depiction of a minor engaged in any sexu-
ally explicit conduct; 
‘‘(4) has a minor assist any other person to en-
gage in any sexually explicit conduct during the
commission of an offense set forth in paragraphs (1) 
through (3) of this subsection; or 
‘‘(5) transports any minor in or affecting inter-
state or foreign commerce with the intent that such 
minor be used in the production or live transmission 
of a visual depiction of a minor engaged in any sexu-
ally explicit conduct, 
shall be punished as provided under subsection (e). 
‘‘(b) Any parent, legal guardian, or person having 
custody or control of a minor who, in a circumstance de-
scribed in subsection (f), knowingly permits such minor 
to engage in, or to assist any other person to engage in, 
sexually explicit conduct knowing that a visual depiction 
of such conduct will be produced or transmitted shall be 
punished as provided under subsection (e).’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘employs, uses, per-
suades, induces, entices, or coerces any 
minor to engage in, or who has a minor as-
sist any other person to engage in, any 
sexually explicit conduct’’ and inserting 
‘‘engages in any conduct described in para-
graphs (1) through (5) of subsection (a)’’; 
and
(ii) by striking ‘‘, for the purpose of 
producing any visual depiction of such con-
duct,’’; 
(B) in paragraph (2)(A), by inserting after 
‘‘transported’’ the following: ‘‘or transmitted’’; 
and 
(C) in paragraph (2)(B), by inserting after 
‘‘transports’’ the following; ‘‘or transmits’’; 
(3) by adding at the end the following: 
‘‘(f) The circumstances referred to in subsections (a) 
and (b) are— 
‘‘(1) that the person knows or has reason to 
know that such visual depiction will be— 
‘‘(A) transported or transmitted using any 
means or facility of interstate or foreign com-
merce; 
‘‘(B) transported or transmitted in or af-
fecting interstate or foreign commerce; or 
‘‘(C) mailed; 
‘‘(2) the visual depiction was produced or trans-
mitted using materials that have been mailed, or 
shipped or transported in or affecting interstate or 
foreign commerce by any means, including by com-
puter; 
‘‘(3) such visual depiction has actually been—