I 
110TH CONGRESS 
1ST SESSION H. R. 3148 
To eliminate child pornography. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2007 
Mrs. MUSGRAVE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To eliminate child pornography. 
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 
Elimination Act of 2007’’. 
SEC. 2. MANDATORY MINIMUM FOR POSSESSION OF CHILD 
PORNOGRAPHY. 
(a) SEXUAL EXPLOITATION.—Section 2252(b)(2) of 
title 18, United States Code, is amended by striking ‘‘or 
imprisoned not more than 10 years, or both’’ and inserting 
‘‘and imprisoned not less than 2 years nor more than 15 
years’’. 
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(b) PORNOGRAPHY.—Section 2252A(b)(2) of title 18, 
United States Code, is amended by striking ‘‘or impris-
oned not more than 10 years, or both’’ and inserting ‘‘and 
imprisoned not less than 2 years nor more than 15 years’’. 
SEC. 3. STRENGTHENING SECTION 13032 OF TITLE 42, 
UNITED STATES CODE, TO ENSURE THAT 
CHILD PORNOGRAPHY IS EFFECTIVELY RE-
PORTED. 
Section 227(b)(2) of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13032) is amended to read as follows: 
‘‘(4) FAILURE TO REPORT.— 
‘‘(A) KNOWINGLY.—A provider of elec-
tronic communication services or remote com-
puting services described in paragraph (1) who 
knowingly and willfully fails to make a report 
under that paragraph shall be fined— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $150,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $300,000. 
‘‘(B) NEGLIGENTLY.—A provider of elec-
tronic communication services or remote com-
puting services described in paragraph (1) who 
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negligently fails to make a report under that 
paragraph shall be subject to a civil penalty 
of— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $50,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $100,000. 
‘‘(C) FCC AUTHORITY.—For the purposes 
of this paragraph, the Federal Communications 
Commission shall have the authority to levy 
civil penalties and shall promulgate regulations, 
in consultation with the Attorney General, to 
effectuate the purposes of this paragraph and 
to provide for appropriate administrative review 
of any civil penalties levied thereunder.’’. 
SEC. 4. KNOWINGLY ACCESSING CHILD PORNOGRAPHY. 
Section 2252(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (4)— 
(A) in subparagraph (A), by inserting after 
‘‘possesses,’’ the following: ‘‘or knowingly ac-
cesses with intent to view,’’; 
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(B) in subparagraph (B), by inserting 
after ‘‘possesses,’’ the following: ‘‘or knowingly 
accesses with intent to view,’’; and 
(2) in paragraph (5)— 
(A) in subparagraph (A), by inserting after 
‘‘possesses,’’ the following: ‘‘or knowingly ac-
cesses with intent to view,’’; and 
(B) in subparagraph (B), by inserting 
after ‘‘possesses,’’ the following: ‘‘or knowingly 
accesses with intent to view,’’. 
SEC. 5. CONSPIRACY PROVISION FOR CHAPTER 77 OF-
FENSES. 
Section 1594(a) of title 18, United States Code, is 
amended by inserting after ‘‘attempts’’ the following: ‘‘or 
conspires to’’. 
SEC. 6. MANDATORY RESTITUTION FOR CERTAIN CHILD 
SEX OFFENSES. 
(a) IN GENERAL.—Chapter 117 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2429. Mandatory restitution 
‘‘(a) IN GENERAL.—Notwithstanding section 3663 or 
3663A of this title, and in addition to any other civil or 
criminal penalty authorized by law, the court shall order 
restitution for any offense under this chapter. 
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‘‘(b) SCOPE AND NATURE OF ORDER.— 
‘‘(1) DIRECTIONS.—The order of restitution 
under this section shall direct the defendant to pay 
the victim (through the appropriate court mecha-
nism) the full amount of the victim’s losses as deter-
mined by the court pursuant to paragraph (2). 
‘‘(2) ENFORCEMENT.—An order of restitution 
under this section shall be issued and enforced in ac-
cordance with section 3664 in the same manner as 
an order under section 3663A. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘full amount of the victim’s losses’ 
includes any costs incurred by the victim for— 
‘‘(A) medical services relating to physical, 
psychiatric, or psychological care as a proxi-
mate result of the offense; 
‘‘(B) physical and occupational therapy or 
rehabilitation as a proximate result of the of-
fense; 
‘‘(C) necessary transportation, temporary 
housing, and child care expenses as a proximate 
result of the offense; 
‘‘(D) lost income as a proximate result of 
the offense; 
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‘‘(E) attorney’s fees, as well as other costs 
incurred as a proximate result of the offense; 
and 
‘‘(F) any other losses suffered by the vic-
tim as a proximate result of the offense. 
‘‘(4) ORDER MANDATORY.— 
‘‘(A) IN GENERAL.—The issuance of a res-
titution order under this section is mandatory. 
‘‘(B) CONSIDERATION.—A court may not 
decline to issue an order under this section be-
cause of— 
‘‘(i) the economic circumstances of the 
defendant; or 
‘‘(ii) the fact that a victim has re-
ceived, or is entitled to receive, compensa-
tion for his or her injuries from the pro-
ceeds of insurance or any other source. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘victim’ means the individual harmed as a result of 
a commission of a crime under this chapter, including, in 
the case of a victim who is under 18 years of age, incom-
petent, incapacitated, or deceased, the legal guardian of 
the victim or representative of the victim’s estate, another 
family member, or any other person appointed as suitable 
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