Title: Protecting Against Child Exploitation Act of 2019
Policy area: Crime and Law Enforcement

Summary:
Protecting Against Child Exploitation Act of 2019
The bill revises criminal offenses involving the sexual exploitation of children for the purpose of producing a visual depiction (i.e., the production of child pornography).
The bill also modifies the criminal liability standard for certain child pornography offenses. Specifically, it removes the specific intent requirement (i.e., the requirement for sexually explicit conduct with a minor to be for the purpose of producing child pornography) to criminalize sexually explicit conduct with a minor, regardless of whether such conduct is for the purpose of producing child pornography.
It creates new criminal offenses, including for transmitting a live depiction of a child engaged in sexually explicit conduct. A violator is subject to a fine and a mandatory minimum prison term.
It limits the criminal liability of an electronic communication service (ECS) provider or remote computing service (RCS) provider for unknowingly and unintentionally transmitting child pornography.
It also limits the criminal and civil liability of an ECS provider, RCS provider, or domain name registrar for transmitting child pornography in response to a warrant.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2873 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2873

   To amend title 18, United States Code, to criminalize the knowing 
   consent of the visual depiction, or live transmission, of a minor 
     engaged in sexually explicit conduct, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2019

   Mr. Johnson of Louisiana introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to criminalize the knowing 
   consent of the visual depiction, or live transmission, of a minor 
     engaged in sexually explicit conduct, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Against Child 
Exploitation Act of 2019''.

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 depiction 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 depiction 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 sexually explicit conduct;
            ``(4) has a minor assist any other person to engage in any 
        sexually explicit conduct during the commission of an offense 
        set forth in paragraphs (1) through (3) of this subsection; or
            ``(5) transports any minor in or affecting interstate 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 sexually 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 described 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, persuades, 
                        induces, entices, or coerces any minor to 
                        engage in, or who has a minor assist any other 
                        person to engage in, any sexually explicit 
                        conduct'' and inserting ``engages in any 
                        conduct described in paragraphs (1) through (5) 
                        of subsection (a)''; and
                            (ii) by striking ``, for the purpose of 
                        producing any visual depiction of such 
                        conduct,'';
                    (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'';
            (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 commerce;
                    ``(B) transported or transmitted in or affecting 
                interstate or foreign commerce; or
                    ``(C) mailed;
            ``(2) the visual depiction was produced or transmitted 
        using materials that have been mailed, or shipped or 
        transported in or affecting interstate or foreign commerce by 
        any means, including by computer;
            ``(3) such visual depiction has actually been--
                    ``(A) transported or transmitted using any means or 
                facility of interstate or foreign commerce;
                    ``(B) transported or transmitted in or affecting 
                interstate or foreign commerce; or
                    ``(C) mailed; or
            ``(4) any part of the offense occurred in a territory 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 section, no 
criminal charge under subsection (a)(3) may be brought against an 
electronic communication service provider 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--
            (1) in subsection (a), by inserting ``from the response 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 responsibility''.
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