I 
115TH CONGRESS 
2D SESSION 
H. R. 6847 
To amend title 18, United States Code, to expand and strengthen Federal 
sex offenses, to reauthorize certain programs established by the Adam 
Walsh Child Protection and Safety Act of 2006, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2018 
Mrs. ROBY introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 18, United States Code, to expand and 
strengthen Federal sex offenses, to reauthorize certain 
programs established by the Adam Walsh Child Protec-
tion and Safety Act of 2006, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Preventing Child Exploitation Act of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—STRENGTHENING FEDERAL SEX OFFENSE LAWS 
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Sec. 101. Expanding the definition of illicit sexual conduct. 
Sec. 102. Expanding the definition of Federal sex offense. 
Sec. 103. Failure of sex offenders to register. 
Sec. 104. Prior military offenses included for purposes of recidivist sentencing 
provisions. 
Sec. 105. Sexual exploitation of children. 
Sec. 106. Limited liability for certain persons when responding to search war-
rants or other legal process. 
TITLE II—ADAM WALSH REAUTHORIZATION ACT 
Sec. 201. Short title. 
Sec. 202. Sex offender management assistance (SOMA) program reauthoriza-
tion. 
Sec. 203. Reauthorization of Federal assistance with respect to violations of 
registration requirements. 
Sec. 204. Duration of sex offender registration requirements for certain juve-
niles. 
Sec. 205. Public access to juvenile sex offender information. 
Sec. 206. Protection of local governments from State noncompliance penalty 
under Sex Offender Registration and Notification Act. 
Sec. 207. Additional information to be included in annual report on enforce-
ment of registration requirements. 
Sec. 208. Ensuring supervision of released sexually dangerous persons. 
Sec. 209. Civil remedy for survivors of child sexual exploitation and human 
trafficking. 
Sec. 210. Tribal Access Program. 
Sec. 211. Alternative mechanisms for in-person verification. 
Sec. 212. Clarification of aggravated sexual abuse. 
Sec. 213. Comprehensive examination of sex offender issues. 
Sec. 214. Assisting States with juvenile registration. 
TITLE I—STRENGTHENING 
FEDERAL SEX OFFENSE LAWS 
SEC. 101. EXPANDING THE DEFINITION OF ILLICIT SEXUAL 
CONDUCT. 
Section 2423(f)(1) of title 18, United States Code, 
is amended— 
(1) by striking ‘‘a sexual act (as defined in sec-
tion 2246) with’’ and inserting ‘‘any conduct involv-
ing’’; and 
(2) by striking ‘‘if the sexual act’’ and inserting 
‘‘if the conduct’’. 
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SEC. 102. EXPANDING THE DEFINITION OF FEDERAL SEX 
OFFENSE. 
Section 3559 of title 18, United States Code, is 
amended— 
(1) in subsection (e)(2)(A)— 
(A) by inserting after ‘‘2244(a)(1)’’ the 
following ‘‘or 2244(a)(5)’’; 
(B) by striking the ‘‘or’’ before ‘‘2423(a)’’; 
(C) by striking ‘‘into prostitution’’; and 
(D) by inserting ‘‘or 2423(c) (relating to 
illicit sexual conduct)’’ before the semicolon at 
the end; and 
(2) in subsection (e)(3), by striking ‘‘or 
2423(a)’’ and inserting ‘‘, 2423(a), or 2423(c)’’. 
SEC. 103. FAILURE OF SEX OFFENDERS TO REGISTER. 
Section 2250(d) of title 18, United State Code, is 
amended— 
(1) by inserting after ‘‘Federal law (including 
the Uniform Code of Military Justice),’’ the fol-
lowing: ‘‘State law,’’; and 
(2) by adding at the end the following: 
‘‘(3) DEFINITION.—In this section, the term 
‘crime of violence’ has the meaning given such term 
in section 16.’’. 
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SEC. 104. PRIOR MILITARY OFFENSES INCLUDED FOR PUR-
POSES OF RECIDIVIST SENTENCING PROVI-
SIONS. 
(a) AGGRAVATED SEXUAL ABUSE.—Section 2241(c) 
of title 18, United States Code, is amended by inserting 
after ‘‘State offense’’ the following: ‘‘or an offense under 
the Uniform Code of Military Justice’’. 
(b) SEXUAL EXPLOITATION OF CHILDREN.—Section 
2251(e) of title 18, United States Code, is amended by 
striking ‘‘section 920 of title 10 (article 120 of the Uni-
form Code of Military Justice), or under’’ each place it 
appears and inserting ‘‘the Uniform Code of Military Jus-
tice or’’. 
(c) CERTAIN ACTIVITIES RELATING TO MATERIAL 
INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 
Section 2252 of title 18, United States Code, is amend-
ed— 
(1) in subsection (b)(1), by striking ‘‘section 
920 of title 10 (article 120 of the Uniform Code of 
Military Justice), or under’’ and inserting ‘‘the Uni-
form Code of Military Justice or’’; and 
(2) in subsection (b)(2), by striking ‘‘section 
920 of title 10 (article 120 of the Uniform Code of 
Military Justice), or under’’ and inserting ‘‘the Uni-
form Code of Military Justice or’’. 
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(d) CERTAIN ACTIVITIES RELATING TO MATERIAL 
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 
Section 2252A of title 18, United States Code, is amend-
ed— 
(1) in subsection (b)(1), by striking ‘‘section 
920 of title 10 (article 120 of the Uniform Code of 
Military Justice), or under’’ and inserting ‘‘the Uni-
form Code of Military Justice or’’; and 
(2) in subsection (b)(2), by striking ‘‘section 
920 of title 10 (article 120 of the Uniform Code of 
Military Justice), or under’’ and inserting ‘‘the Uni-
form Code of Military Justice or’’. 
(e) REPEAT OFFENDERS.—Section 2426(b)(1)(B) of 
title 18, United States Code, is amended by inserting after 
‘‘State law’’ the following: ‘‘or the Uniform Code of Mili-
tary Justice’’. 
(f) SENTENCING CLASSIFICATION.—Section 3559 of 
title 18, United States Code, is amended— 
(1) in subsection (e)(2)(B)— 
(A) by striking ‘‘State sex offense’’ and in-
serting ‘‘State or Military sex offense’’; and 
(B) by inserting after ‘‘under State law’’ 
the following: ‘‘or the Uniform Code of Military 
Justice’’; and 
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(2) in subsection (e)(2)(C), by inserting after 
‘‘State’’ the following: ‘‘or Military’’. 
SEC. 105. 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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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 
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(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’’; and 
(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— 
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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. 106. 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’’. 
TITLE II—ADAM WALSH 
REAUTHORIZATION ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Adam Walsh Reau-
thorization Act of 2018’’. 
SEC. 202. SEX OFFENDER MANAGEMENT ASSISTANCE 
(SOMA) PROGRAM REAUTHORIZATION. 
Section 126(d) of the Adam Walsh Child Protection 
and Safety Act of 2006 (34 U.S.C. 20928(d)) is amended 
to read as follows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
$20,000,000 for each of the fiscal years 2018 through 
2022, to be available only for the SOMA program.’’. 
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SEC. 203. REAUTHORIZATION OF FEDERAL ASSISTANCE 
WITH RESPECT TO VIOLATIONS OF REG-
ISTRATION REQUIREMENTS. 
Section 142(b) of the Adam Walsh Child Protection 
and Safety Act of 2006 (34 U.S.C. 20941(b)) is amended 
to read as follows: 
‘‘(b) For each of fiscal years 2018 through 2022, of 
amounts made available to the United States Marshals 
Service, not less than $60,000,000 shall be available to 
carry out this section.’’. 
SEC. 204. DURATION OF SEX OFFENDER REGISTRATION RE-
QUIREMENTS FOR CERTAIN JUVENILES. 
Subparagraph (B) of section 115(b)(2) of the Adam 
Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 
20915(b)(2)) is amended by striking ‘‘25 years’’ and in-
serting ‘‘15 years’’. 
SEC. 205. PUBLIC ACCESS TO JUVENILE SEX OFFENDER IN-
FORMATION. 
Section 118(c) of the Adam Walsh Child Protection 
and Safety Act of 2006 (34 U.S.C. 20920(c)) is amend-
ed— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by redesignating paragraph (4) as para-
graph (5); and 
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(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) any information about a sex offender for 
whom the offense giving rise to the duty to register 
was an offense for which the offender was adju-
dicated delinquent; and’’. 
SEC. 206. PROTECTION OF LOCAL GOVERNMENTS FROM 
STATE NONCOMPLIANCE PENALTY UNDER 
SEX OFFENDER REGISTRATION AND NOTIFI-
CATION ACT. 
Section 125 of the Adam Walsh Child Protection and 
Safety Act of 2006 (34 U.S.C. 20927(a)) is amended— 
(1) by striking ‘‘jurisdiction’’ each place it ap-
pears and inserting ‘‘State’’; 
(2) in subsection (a)— 
(A) by striking ‘‘subpart 1 of part E’’ and 
inserting ‘‘section 505(c)’’; and 
(B) by striking ‘‘(42 U.S.C. 3750 et seq.)’’ 
and inserting ‘‘(34 U.S.C. 10156(c))’’; and 
(3) by adding at the end the following: 
‘‘(e) CALCULATION OF ALLOCATION TO UNITS OF 
LOCAL
GOVERNMENT.—Notwithstanding the formula 
under section 505(c) of the Omnibus Crime Control and 
Safe Streets Act 1968 (34 U.S.C. 10156(c)), a State 
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which is subject to a reduction in funding under sub-
section (a) shall— 
‘‘(1) calculate the amount to be made available 
to units of local government by the State pursuant 
to the formula under section 505(c) using the 
amount that would otherwise be allocated to that 
State for that fiscal year under section 505(c) of 
that Act, and make such amount available to such 
units of local government; and 
‘‘(2) retain for the purposes described in section 
501 any amount remaining after the allocation re-
quired by paragraph (1).’’. 
SEC. 207. ADDITIONAL INFORMATION TO BE INCLUDED IN 
ANNUAL REPORT ON ENFORCEMENT OF REG-
ISTRATION REQUIREMENTS. 
Section 635 of the Adam Walsh Child Protection and 
Safety Act of 2006 (34 U.S.C. 20991) is amended— 
(1) by striking ‘‘Not later than July 1 of each 
year’’ and inserting ‘‘On January 1 of each year,’’; 
(2) in paragraph (3), by inserting before the 
semicolon at the end the following: ‘‘, and an anal-
ysis of any common reasons for noncompliance with 
such Act’’; 
(3) in paragraph (4), by striking ‘‘and’’ at the 
end; 
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(4) in paragraph (5), by striking the period at 
the end and inserting a semicolon; and 
(5) by adding after paragraph (5) the following: 
‘‘(6) the number of sex offenders registered in 
the National Sex Offender Registry; 
‘‘(7) the number of sex offenders registered in 
the National Sex Offender Registry who— 
‘‘(A) are adults; 
‘‘(B) are juveniles; and 
‘‘(C) are adults, but who are required to 
register as a result of conduct committed as a 
juvenile; and 
‘‘(8) to the extent such information is obtain-
able, of the number of sex offenders registered in the 
National Sex Offender Registry who are juveniles— 
‘‘(A) the percentage of such offenders who 
were adjudicated delinquent; and 
‘‘(B) the percentage of such offenders who 
were prosecuted as adults.’’. 
SEC. 208. ENSURING SUPERVISION OF RELEASED SEXU-
ALLY DANGEROUS PERSONS. 
(a) PROBATION OFFICERS.—Section 3603 of title 18, 
United States Code, is amended in paragraph (8)(A) by 
striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 
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(b) PRETRIAL SERVICES OFFICERS.—Section 3154 
of title 18, United States Code, is amended in paragraph 
(12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 
4248’’. 
SEC. 209. CIVIL REMEDY FOR SURVIVORS OF CHILD SEX-
UAL 
EXPLOITATION 
AND 
HUMAN 
TRAF-
FICKING. 
Section 2255(b) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘three years’’ and inserting ‘‘10 
years’’; and 
(2) by inserting ‘‘ends’’ before the period at the 
end. 
SEC. 210. TRIBAL ACCESS PROGRAM. 
The Attorney General is authorized to provide tech-
nical assistance, including equipment, to tribal govern-
ments for the purpose of enabling such governments to 
access, enter information into, and obtain information 
from, Federal criminal information databases, as author-
ized under section 534(d) of title 28, United States Code. 
The Department of Justice Working Capital Fund (estab-
lished under section 527 of title 28, United States Code) 
may be reimbursed by federally recognized tribes for tech-
nical assistance provided pursuant to this section. 
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SEC. 211. ALTERNATIVE MECHANISMS FOR IN-PERSON 
VERIFICATION. 
Section 116 of the Adam Walsh Child Protection and 
Safety Act of 2006 (34 U.S.C. 20918) is amended— 
(1) by striking ‘‘A sex offender shall’’ and in-
serting the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a sex offender shall’’; and 
(2) by adding at the end the following: 
‘‘(b) ALTERNATIVE VERIFICATION METHOD.—A ju-
risdiction may allow a sex offender to comply with the re-
quirements under subsection (a) by an alternative 
verification method approved by the Attorney General, ex-
cept that each offender shall appear in person not less 
than one time per year. The Attorney General shall ap-
prove an alternative verification method described in this 
subsection prior to its implementation by a jurisdiction in 
order to ensure that such method provides for verification 
that is sufficient to ensure the public safety.’’. 
SEC. 212. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE. 
Section 111(8) of the Adam Walsh Child Protection 
and Safety Act of 2006 (34 U.S.C. 20911(8)) is amended 
by inserting ‘‘subsection (a) or (b) of’’ before ‘‘section 
2241 of title 18, United States Code’’. 
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SEC. 213. COMPREHENSIVE EXAMINATION OF SEX OF-
FENDER ISSUES. 
Section 634(c) of the Adam Walsh Child Protection 
and Safety Act of 2006 is amended by adding at the end 
the following: 
‘‘(3) ADDITIONAL REPORT.—Not later than 1 
year after the date of enactment of the Adam Walsh 
Reauthorization Act of 2018, the National Institute 
of Justice shall submit to Congress a report on the 
public safety impact, recidivism, and collateral con-
sequences of long-term registration of juvenile sex 
offenders, based on the information collected for the 
study under subsection (a) and any other informa-
tion the National Institute of Justice determines 
necessary for such report.’’. 
SEC. 214. ASSISTING STATES WITH JUVENILE REGISTRA-
TION. 
Section 125 of the Adam Walsh Child Protection and 
Safety Act of 2006 (34 U.S.C. 20927) is amended by add-
ing at the end the following: 
‘‘(e) SUBSTANTIAL IMPLEMENTATION FOR JUVENILE 
REGISTRATION REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In the case of a jurisdiction 
that uses a discretionary process for determining 
whether registration under this Act is required for 
juveniles 14 years of age or older who are adju-
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dicated delinquent for sex offenses described in sec-
tion 111(8), the Attorney General, in assessing 
whether the jurisdiction has substantially imple-
mented this title with respect to the registration of 
such juveniles, may examine the policies and prac-
tices that the jurisdiction has in place— 
‘‘(A) related to the prosecution as adults, 
of juveniles who commit sex offenses described 
in section 111(8); 
‘‘(B) related to the registration under this 
Act of juveniles adjudicated delinquent for such 
an offense; and 
‘‘(C) related to the identification, tracking, 
monitoring, or managing of juveniles adju-
dicated delinquent for such offenses who reside 
in the jurisdiction, including policies and prac-
tices to ensure that the records of their identi-
ties and sex offenses are available as needed for 
public safety purposes. 
‘‘(2) SUBMISSION BY JURISDICTION.—A juris-
diction described in paragraph (1) shall submit to 
the Attorney General an explanation for how the dis-
cretionary process used by the jurisdiction with re-
spect to the registration of juveniles under this Act 
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should be considered substantial implementation of 
this title. 
‘‘(3) DETERMINATION.—The Attorney General 
may determine that a jurisdiction has substantially 
implemented this title if the Attorney General deter-
mines that the policies and practices described in 
paragraph (1) have resulted or will result in the reg-
istration, identification, tracking, monitoring, or 
management of juveniles who commit sex offenses 
described in section 111(8), and in the availability of 
the identities and sex offenses of such juveniles as 
needed for public safety purposes, in a manner that 
does not substantially disserve the purposes of this 
title.’’. 
Æ 
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