HR 6063 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child Protection Act 
of 2012’’. 
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD 
PORNOGRAPHY. 
(a) CERTAIN ACTIVITIES RELATING TO MATERIAL 
INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 
Section 2252(b)(2) of title 18, United States Code, is 
amended by inserting after ‘‘but if’’ the following: ‘‘any 
visual depiction involved in the offense involved a pre-
pubescent minor or a minor who had not attained 12 years 
of age, such person shall be fined under this title and im-
prisoned for not more than 20 years, or if’’. 
(b) CERTAIN ACTIVITIES RELATING TO MATERIAL 
CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 
Section 2252A(b)(2) of title 18, United States Code, is 
amended by inserting after ‘‘but, if’’ the following: ‘‘any 
image of child pornography involved in the offense in-
volved a prepubescent minor or a minor who had not at-
tained 12 years of age, such person shall be fined under 
this title and imprisoned for not more than 20 years, or 
if’’. 
SEC. 3. PROTECTION OF CHILD WITNESSES. 
(a) CIVIL ACTION TO RESTRAIN HARASSMENT OF A 
VICTIM OR WITNESS.—Section 1514 of title 18, United 
States Code, is amended— 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or its own motion,’’ 
after ‘‘attorney for the Government,’’; and 
(ii) by inserting ‘‘or investigation’’ 
after ‘‘Federal criminal case’’ each place it 
appears; 
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) In the case of a minor witness or victim, 
the court shall issue a protective order prohibiting 
harassment or intimidation of the minor victim or 
witness if the court finds evidence that the conduct 
at issue is reasonably likely to adversely affect the 
willingness of the minor witness or victim to testify 
or otherwise participate in the Federal criminal case 
or investigation. Any hearing regarding a protective 
order under this paragraph shall be conducted in ac-
cordance with paragraphs (1) and (3), except that 
the court may issue an ex parte emergency protec-
tive order in advance of a hearing if exigent cir-
cumstances are present. If such an ex parte order is 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
applied for or issued, the court shall hold a hearing 
not later than 14 days after the date such order was 
applied for or is issued.’’; 
(D) in paragraph (4), as so redesignated, 
by striking ‘‘(and not by reference to the com-
plaint or other document)’’; and 
(E) in paragraph (5), as so redesignated, 
in the second sentence, by inserting before the 
period at the end the following: ‘‘, except that 
in the case of a minor victim or witness, the 
court may order that such protective order ex-
pires on the later of 3 years after the date of 
issuance or the date of the eighteenth birthday 
of that minor victim or witness’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) Whoever knowingly and intentionally violates or 
attempts to violate an order issued under this section shall 
be fined under this title, imprisoned not more than 5 
years, or both. 
‘‘(d)(1) As used in this section— 
‘‘(A) the term ‘course of conduct’ means a se-
ries of acts over a period of time, however short, in-
dicating a continuity of purpose; 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
‘‘(B) the term ‘harassment’ means a serious act 
or course of conduct directed at a specific person 
that— 
‘‘(i) causes substantial emotional distress 
in such person; and 
‘‘(ii) serves no legitimate purpose; 
‘‘(C) the term ‘immediate family member’ has 
the meaning given that term in section 115 and in-
cludes grandchildren; 
‘‘(D) the term ‘intimidation’ means a serious 
act or course of conduct directed at a specific person 
that— 
‘‘(i) causes fear or apprehension in such 
person; and 
‘‘(ii) serves no legitimate purpose; 
‘‘(E) the term ‘restricted personal information’ 
has the meaning give that term in section 119; 
‘‘(F) the term ‘serious act’ means a single act 
of threatening, retaliatory, harassing, or violent con-
duct that is reasonably likely to influence the will-
ingness of a victim or witness to testify or partici-
pate in a Federal criminal case or investigation; and 
‘‘(G) the term ‘specific person’ means a victim 
or witness in a Federal criminal case or investiga-
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
tion, and includes an immediate family member of 
such a victim or witness. 
‘‘(2) For purposes of subparagraphs (B)(ii) and 
(D)(ii) of paragraph (1), a court shall presume, subject 
to rebuttal by the person, that the distribution or publica-
tion using the Internet of a photograph of, or restricted 
personal information regarding, a specific person serves 
no legitimate purpose, unless that use is authorized by 
that specific person, is for news reporting purposes, is de-
signed to locate that specific person (who has been re-
ported to law enforcement as a missing person), or is part 
of a government-authorized effort to locate a fugitive or 
person of interest in a criminal, antiterrorism, or national 
security investigation.’’. 
(b) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code, 
and in accordance with this section, the United States 
Sentencing Commission shall review and, if appropriate, 
amend the Federal sentencing guidelines and policy state-
ments to ensure— 
(1) that the guidelines provide an additional 
penalty increase above the sentence otherwise appli-
cable in Part J of Chapter 2 of the Guidelines Man-
ual if the defendant was convicted of a violation of 
section 1591 of title 18, United States Code, or 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
chapters 109A, 109B, 110, or 117 of title 18, 
United States Code; and 
(2) if the offense described in paragraph (1) in-
volved causing or threatening to cause physical in-
jury to a person under 18 years of age, in order to 
obstruct the administration of justice, an additional 
penalty increase above the sentence otherwise appli-
cable in Part J of Chapter 2 of the Guidelines Man-
ual. 
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGI-
TIVE SEX OFFENDERS. 
(a) ADMINISTRATIVE SUBPOENAS.— 
(1) IN GENERAL.—Section 3486(a)(1) of title 
18, United States Code, is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘or’’ at 
the end; 
(ii) by redesignating clause (ii) as 
clause (iii); and 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) an unregistered sex offender conducted by 
the United States Marshals Service, the Director of 
the United States Marshals Service; or’’; and 
(B) in subparagraph (D)— 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
(i) by striking ‘‘paragraph, the term’’ 
and inserting the following: ‘‘paragraph— 
‘‘(i) the term’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) the term ‘sex offender’ means an indi-
vidual required to register under the Sex Offender 
Registration and Notification Act (42 U.S.C. 16901 
et seq.).’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 3486(a) of title 18, United States 
Code, is amended— 
(A) in paragraph (6)(A), by striking 
‘‘United State’’ and inserting ‘‘United States’’; 
(B) 
in 
paragraph 
(9), 
by 
striking 
‘‘(1)(A)(ii)’’ and inserting ‘‘(1)(A)(iii)’’; and 
(C) in paragraph (10), by striking ‘‘para-
graph (1)(A)(ii)’’ and inserting ‘‘paragraph 
(1)(A)(iii)’’. 
(b) JUDICIAL SUBPOENAS.—Section 566(e)(1) of 
title 28, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS
HR 6063 RFS
tem required to be established under section 105 of the 
PROTECT Our Children Act of 2008 (42 U.S.C. 17615). 
Passed the House of Representatives August 1, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Mar 15 2010 
08:33 Aug 03, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6063.RFS
H6063
emcdonald on DSK7SPTVN1PROD with BILLS