IIB 
115TH CONGRESS 
1ST SESSION H. R. 1761 
IN THE SENATE OF THE UNITED STATES 
JUNE 5, 2017 
Received; read twice and referred to the Committee on the Judiciary 
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, 
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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 
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‘‘(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; or 
‘‘(4) any part of the offense occurred in a terri-
tory or possession of the United States or within the 
special maritime and territorial jurisdiction of the 
United States. 
‘‘(g) Notwithstanding any other provision of this sec-
tion, no criminal charge under subsection (a)(3) may be 
brought against an electronic communication service pro-
vider or remote computing service provider unless such 
provider has intentionally transmitted or caused to be 
transmitted a visual depiction with actual knowledge that 
such depiction is of a minor engaged in sexually explicit 
conduct, nor may any such criminal charge be brought if 
barred by the provisions of section 2258B.’’. 
SEC. 3. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN 
RESPONDING TO SEARCH WARRANTS OR 
OTHER LEGAL PROCESS. 
Section 2258B of title 18, United States Code, is 
amended— 
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(1) in subsection (a), by inserting ‘‘from the re-
sponse to a search warrant or other legal process 
or’’ before ‘‘from the performance’’; and 
(2) in subsection (b)(2)(C), by inserting ‘‘the 
response to a search warrant or other legal process 
or to’’ before ‘‘the performance of any responsi-
bility’’. 
Passed the House of Representatives May 25, 2017. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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