I
107TH CONGRESS
2D SESSION
H. R. 4667
To protect children from exploitive child modeling, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 2002
Mr. FOLEY (for himself, Mr. LAMPSON, Mr. GILMAN, Mr. POMEROY, Mr.
REYES, Mr. GREEN of Wisconsin, Mr. WAMP, Mr. DIAZ-BALART, Ms.
ROS-LEHTINEN, Mr. CRENSHAW, Mr. CAMP, Mr. WICKER, Mr. PUTNAM,
Mr. JONES of North Carolina, Mr. HOEKSTRA, Mr. RYAN of Wisconsin,
Mr. DELAY, and Mrs. WILSON of New Mexico) introduced the following
bill; which was referred to the Committee on Education and the Work-
force, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To protect children from exploitive child modeling, 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 ‘‘Child Modeling Exploi-
tation Prevention Act of 2002’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The use of children in the production of
exploitive child modeling, including on Internet
websites, in photographs, films, videos, and other
visual depictions, is a form of child abuse that can
result in physical and psychological harm to the chil-
dren involved.
(2) Exploitive child modeling is different from
other, legitimate, child modeling because exploitive
child modeling involves marketing the child himself
or herself in lascivious positions and acts, rather
than actually marketing products to average Amer-
ican consumers.
(3) The purpose of exploitive child modeling is
to satisfy the demand of pedophiles.
(4) Unlike legitimate child modeling, exploitive
child modeling may involve a direct and personal
interaction between the child model and the
pedophile. The pedophile often knows the child’s
name and has a way of communicating with the
child.
(5) The interaction between the exploited child
model and the pedophile can lead the child to trust
pedophiles and to believe that it is acceptable and
safe to meet with pedophiles in private.
(6) Over 70 percent of convicted pedophiles
have used child pornography or exploitive child mod-
eling depictions to whet their sexual appetites. Be-
cause children are used in its production, exploitive
child modeling can place the child in danger of being
abducted, abused, or murdered by the pedophiles
who view such depictions.
(7) These exploitive exhibitions of children are
unacceptable by social standards and lead to a direct
harm to the children involved.
SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING.
(a) PROHIBITION ON EMPLOYMENT.—Section 12 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 212)
is amended by adding at the end the following new sub-
section:
‘‘(e)(1) No employer may employ a minor under 17
years old to work in exploitive child modeling.
‘‘(2) Notwithstanding section 16(a), whoever violates
paragraph (1) shall be fined under title 18 or imprisoned
not more than 10 years, or both.
‘‘(3) In this subsection, the term ‘exploitive child
modeling’ means the display of a minor (through any me-
dium) without a direct or indirect purpose of marketing
a product or service other than the minor.’’.
(b) OPPRESSIVE CHILD LABOR.—Section 3(l) of such
Act (29 U.S.C. 203(l)) is amended—
(1) by striking ‘‘(1) any’’ and inserting ‘‘(A)
any’’;
(2) by striking ‘‘(2) any’’ and inserting ‘‘(B)
any’’;
(3) by inserting ‘‘(1)’’ after ‘‘(l)’’; and
(4) by adding at the end the following new
paragraph:
‘‘(2) Such term includes employment of a minor in
violation of section 12(e)(1).’’.
SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE.
(a) IN GENERAL.—110 of title 18, United States
Code, is amended by inserting after section 2252A the fol-
lowing:
‘‘§ 2252B. Exploitive child modeling
‘‘Whoever displays, in or affecting interstate or for-
eign commerce, the image of a child who has not attained
the age of 17 years, with the intent to make a financial
gain thereby, or offers, in or affecting interstate or foreign
commerce, to provide an image of such a child with the
intent to make a financial gain thereby, without a purpose
of marketing a product or service other than an image
of a child model, shall be fined under this title or impris-
oned not more than 10 years, or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 110 of title 18, United States
Code, is amended by inserting after the item relating to
section 2252A the following:
‘‘2252B. Exploitive child modeling.’’.
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