I 
117TH CONGRESS 
2D SESSION 
H. R. 7263 
To establish appropriate penalties for possession of child pornography, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2022 
Mr. BUCK introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To establish appropriate penalties for possession of child 
pornography, 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 ‘‘Prosecutorial Remedies 
and Other Tools to end the Exploitation of Children Today 
Act’’ or the ‘‘PROTECT Act of 2022’’. 
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SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OF-
FENSES. 
(a) IN GENERAL.—Section 3553(b)(2) of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘(B) CHILD PORNOGRAPHY OFFENDERS.— 
‘‘(i) DEFINITION.—In this subpara-
graph, the term ‘child pornography of-
fense’ means a violation of, or an attempt 
or conspiracy to violate, section 2251, 
2251A, 2252(a), 2252A(a), or 2260. 
‘‘(ii) FACTS
PROVEN
DURING
TRIAL 
OR ADMITTED BY THE DEFENDANT.—Not-
withstanding subparagraph (A), in sen-
tencing a defendant convicted of a child 
pornography offense, a court shall impose 
a sentence of the kind, and that is not less 
than the minimum period in the sentencing 
range, referred to in subsection (a)(4), as 
determined based on facts proved beyond a 
reasonable doubt during a jury or bench 
trial and facts admitted by the defendant 
that are relevant to determining the kind 
and range of sentence, unless the court 
makes a finding described in clause (i), 
(ii), or (iii) of subparagraph (A). 
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‘‘(iii) FACTS FOUND BY COURTS.— 
‘‘(I) 
IN
GENERAL.—Notwith-
standing subparagraph (A), in sen-
tencing a defendant convicted of a 
child pornography offense, a court 
shall consider, and may impose, a sen-
tence of the kind, and within the sen-
tencing range, referred to in sub-
section (a)(4), as determined based on 
all facts found by the court that are 
relevant to determining the kind and 
range of sentence. 
‘‘(II) MINIMUM
PERIOD.—Noth-
ing in subclause (I) shall authorize a 
court to impose a sentence that is less 
than— 
‘‘(aa) the minimum sentence 
determined in accordance with 
clause (ii); or 
‘‘(bb) the minimum sentence 
otherwise required by statute.’’. 
(b) PENALTIES FOR POSSESSION.—Chapter 110 of 
title 18, United States Code, is amended— 
(1) in section 2252(b)— 
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(A) by striking ‘‘(1) Whoever violates, or 
attempts or conspires to violate, paragraph (1), 
(2), or (3) of subsection (a)’’ and inserting 
‘‘Whoever violates, or attempts or conspires to 
violate, subsection (a)’’; and 
(B) by striking paragraph (2); and 
(2) in section 2252A(b)— 
(A) in paragraph (1), by inserting ‘‘(5),’’ 
after ‘‘(4),’’; 
(B) by striking paragraph (2); and 
(C) by redesignating paragraph (3) as 
paragraph (2). 
Æ 
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