I 
109TH CONGRESS 
2D SESSION 
H. R. 5944 
To amend title 18, United States Code, to protect our children from child 
pornographers. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2006 
Mr. NADLER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to protect our 
children from child pornographers. 
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 ‘‘Stop Child Pornog-
raphers and Predators Act’’. 
SEC. 2. PROHIBITION OF OBSCENITY DEPICTING YOUNG 
CHILDREN. 
Chapter 71 of title 18, United States Code, is amend-
ed— 
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(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 that of a pre-pubescent child engaging in sexually ex-
plicit conduct, 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 (d), knowingly possesses a visual depiction that is 
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)(2), including 
the penalties provided for cases involving a prior convic-
tion. 
‘‘(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, or picture, whether 
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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; and 
‘‘(3) the term ‘sexually explicit conduct’ has the 
meaning set forth in section 2256(2). 
‘‘(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 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; 
‘‘(3) any visual depiction involved in the offense 
has been mailed, or has been shipped or transported 
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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 
‘‘(4) 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.’’. 
SEC. 3. PROHIBITION ON USE OF MATERIALS TO FACILI-
TATE OFFENSES AGAINST MINORS. 
Chapter 71 of title 18, United States Code, is amend-
ed— 
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(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 and with the intention to facilitate 
a sexual offense against a minor— 
‘‘(1) provides or shows to a person below the 
age of 16 years any visual depiction that is of a pre- 
pubescent child engaging in sexually explicit con-
duct, any obscene matter, or any child pornography; 
or 
‘‘(2) provides or shows any obscene matter or 
child pornography, or any visual depiction that is 
that of a pre-pubescent child engaging in sexually 
explicit conduct, or any other material assistance to 
any person in connection with any conduct, or any 
attempt, incitement, solicitation, or conspiracy to en-
gage 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, 
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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’ and ‘pre-pubes-
cent child’ have the meanings respectively 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 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; 
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‘‘(3) 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 
‘‘(4) 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 chapters 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. 4. 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 
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(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 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. 5. IMPRISONMENT FOR REPEAT SEX OFFENDERS 
AGAINST CHILDREN. 
Section 3559 of title 18, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e) UP TO LIFE IMPRISONMENT FOR REPEATED 
SEX OFFENSES AGAINST CHILDREN.— 
‘‘(1) IN GENERAL.—A person who is convicted 
of a Federal sex offense in which a minor is the vic-
tim shall be sentenced to up to life imprisonment if 
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the person has a prior sex conviction in which a 
minor was the victim. 
‘‘(2) DEFINITIONS.—For the purposes of this 
subsection— 
‘‘(A) the term ‘Federal sex offense’ 
means— 
‘‘(i) an offense under section 1466A 
(obscene visual depictions of young chil-
dren), 1471 (use of obscene material or 
child pornography to facilitate offense 
against a child), 2241 (relating to aggra-
vated sexual abuse), 2242 (relating to sex-
ual abuse), 2243(a) (relating to sexual 
abuse of a minor), 2244(a)(1) or (2) (re-
lating to abusive sexual contact), 2245 (re-
lating to sexual abuse resulting in death), 
2251 (extraterrestrial production of child 
pornography), or 2251A (relating to selling 
or buying of children); or 
‘‘(ii) an offense under section 2423(a) 
(relating to transportation of minors) in-
volving prostitution or sexual activity con-
stituting a State sex offense; 
‘‘(B) the term ‘State sex offense’ means an 
offense under State law that consists of conduct 
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that would be a Federal sex offense if, to the 
extent or in the manner specified in the applica-
ble provision of this title— 
‘‘(i) the offense involved interstate or 
foreign commerce, or the use of the mails; 
or 
‘‘(ii) the conduct occurred in any com-
monwealth, territory, or possession of the 
United States, within the special maritime 
and territorial jurisdiction of the United 
States, in a Federal prison, on any land or 
building owned by, leased to, or otherwise 
used by or under the control of the Gov-
ernment of the United States, or in the In-
dian country (as defined in section 1151); 
‘‘(C) the term ‘prior sex conviction’ means 
a conviction for which the sentence was imposed 
before the conduct occurred constituting the 
subsequent Federal sex offense, and which was 
for a Federal sex offense or a State sex offense; 
‘‘(D) the term ‘minor’ means an individual 
who has not attained the age of 17 years; and 
‘‘(E) the term ‘State’ has the meaning 
given that term in subsection (c)(2).’’. 
Æ 
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