Strengthening Child Exploitation Enforcement Act

Bill: 118-s-4708
Sponsor: full_name: Sen. Cornyn, John [R-TX]
Introduced: 2024-07-11
Policy area: Crime and Law Enforcement
Subjects: Child safety and welfare

Crimes against children

Criminal procedure and sentencing

Domestic violence and child abuse

Sex offenses

Violent crime
Latest action: action_date: 2024-11-22
text: Held at the desk.

Summaries:
action_date: 2024-11-21
action_desc: Passed Senate
text: <p><strong>Strengthening Child Exploitation Enforcement Act</strong></p><p>This bill makes changes to federal criminal laws related to various offenses, particularly sexual abuse offenses against minors.</p><p>The bill revises the federal kidnapping statute by specifying that obtaining a victim by defrauding or deceiving a third party constitutes the offense of kidnapping.&nbsp;Additionally, for a kidnapping offense that involves a victim who has not attained the age of 16, the bill specifies that it is not a defense that the victim consented to the conduct of the offender, unless the offender establishes by a preponderance of the evidence that the offender reasonably believed that the victim had attained the age of 16.</p><p>The bill also revises statutes related to sexual abuse offenses against minors to specify the following:</p><ul><li>that crossing international lines with the intent to engage in a sexual act with a child who has not attained the age of 12 constitutes aggravated sexual abuse (currently, the statute only references crossing state lines),</li><li>that the offense of sexual abuse of a minor also includes knowingly causing the intentional touching of any person by a person who has not attained the age of 16, and</li><li>that attempting to commit abusive sexual contact is also a crime that is subject to the same penalty as the completed offense.</li></ul>

tv_txt: 118th CONGRESS 2d Session S. 4708 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 18, United States Code, to modify provisions relating to kidnapping, sexual abuse, and illicit sexual conduct with respect to minors.

1. Short title This Act may be cited as the Strengthening Child Exploitation Enforcement Act . 2. Kidnapping; sexual abuse; illicit sexual conduct with respect to minors (a) In general Part I of title 18, United States Code, is amended— (1) in section 1201— (A) in subsection (a), in the matter preceding paragraph (1), by inserting obtains by defrauding or deceiving any person, after abducts, ; (B) in subsection (b), by inserting obtained by defrauding or deceiving any person, after abducted, ; and (C) in subsection (g), by adding at the end the following: (2) Defense For an offense described in this subsection involving a victim who has not attained the age of 16 years, it is not a defense that the victim consented to the conduct of the offender, unless the offender can establish by a preponderance of the evidence that the offender reasonably believed that the victim had attained the age of 16 years. ; (2) in chapter 109A— (A) in section 2241(c), by striking crosses a State line and inserting travels in interstate or foreign commerce ; (B) in section 2242(3), by striking , to include doing so and inserting or ; (C) in section 2243, by adding at the end the following: (f) Intentional touching involving individuals under the age of 16 (1) Offense It shall be unlawful, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, to knowingly cause the intentional touching, not through the clothing, of the genitalia of any person by a person who has not attained the age of 16 years, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, or attempt to do so, if to do so would violate subsection (a), (b), or (c) of this section, section 2241, or section 2242 had such intentional touching been a sexual act. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned as provided in the applicable provision of law described in that paragraph, or both. ; and (D) in section 2244— (i) in subsection (a)— (I) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and adjusting the margins accordingly; (II) by striking Whoever and inserting the following: (1) In general Whoever ; (III) in paragraph (1), as so designated— (aa) in the matter preceding subparagraph (A), as so redesignated, by striking if so to do and inserting if to do so ; (bb) in subparagraph (A), as so redesignated, by striking ten and inserting 10 ; (cc) in subparagraph (B), as so redesignated, by striking three and inserting 3 ; (dd) in subparagraph (C), as so redesignated, by striking two and inserting 2 ; (ee) in subparagraph (D), as so redesignated, by striking two and inserting 2 ; and (ff) in subparagraph (F), as so redesignated, by striking the semicolon at the end and inserting a period; and (IV) by adding at the end the following: (2) Attempt Whoever attempts to commit an offense under paragraph (1) shall be subject to the same penalty as for a completed offense. ; (ii) in subsection (b)— (I) by inserting or causes after engages in ; (II) by inserting or by after sexual contact with ; (III) by inserting , or attempts to do so, after other person’s permission ; and (IV) by striking two and inserting 2 ; and (iii) in subsection (c), by striking If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual and inserting If the sexual contact or attempted sexual contact that a person engages in or causes in violation of this section (other than subsection (a)(1)(E)) is with or by an individual ; and (3) in section 2423(g)(1)— (A) by striking a sexual act (as defined in section 2246) with and inserting any conduct involving ; and (B) by striking sexual act occurred and inserting conduct occurred . (b) Effective date The amendment to section 2241(c) of title 18, United States Code, made by subsection (a) shall apply to conduct that occurred before, on, or after the date of enactment of this Act. 3. Conforming amendments relating to abusive sexual contact (a) Penalties for civil rights offenses involving sexual misconduct Section 250(b) of title 18, United States Code, is amended— (1) in paragraph (2), by striking section 2244(a)(5), and inserting section 2244(a)(1)(E), or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), ; (2) in paragraph (4), in the matter preceding subparagraph (A), by striking subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing and inserting section 2244(a)(1)(A), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b), but excluding abusive sexual contact through the clothing or an attempt to engage in or cause such contact ; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking section 2244(a)(2) and inserting section 2244(a)(1)(B) or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2) ; and (4) in paragraph (6), in the matter preceding subparagraph (A), by striking subsection (a)(3), (a)(4), or (b) of section 2244 and inserting subparagraph (C) or (D) of section 2244(a)(1), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b) . (b) Sentencing classification of offenses Section 3559 of title 18, United States Code, is amended— (1) in subsection (c)(2)(F)(i), by striking sections 2244(a)(1) and (a)(2) and inserting subparagraphs (A) and (B) of section 2244(a)(1) ; and (2) in subsection (e)(2)(A), by striking 2244(a)(1) and inserting 2244(a)(1)(A) .

Passed the Senate November 21, 2024. Secretary

tv_txt: II 118th CONGRESS 2d Session S. 4708 IN THE SENATE OF THE UNITED STATES July 11 (legislative day, July 10), 2024 Mr. Cornyn (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to modify provisions relating to kidnapping, sexual abuse, and illicit sexual conduct with respect to minors.

1. Short title This Act may be cited as the Strengthening Child Exploitation Enforcement Act . 2. Kidnapping; sexual abuse; illicit sexual conduct with respect to minors (a) In general Part I of title 18, United States Code, is amended— (1) in section 1201— (A) in subsection (a), in the matter preceding paragraph (1), by inserting obtains by defrauding or deceiving any person, after abducts, ; (B) in subsection (b), by inserting obtained by defrauding or deceiving any person, after abducted, ; and (C) in subsection (g), by adding at the end the following: (2) Defense For an offense described in this subsection involving a victim who has not attained the age of 16 years, it is not a defense that the victim consented to the conduct of the offender, unless the offender can establish by a preponderance of the evidence that the offender reasonably believed that the victim had attained the age of 16 years. ; (2) in chapter 109A— (A) in section 2241(c), by striking crosses a State line and inserting travels in interstate or foreign commerce ; (B) in section 2242(3), by striking , to include doing so and inserting or ; (C) in section 2243, by adding at the end the following: (f) Intentional touching involving individuals under the age of 16 (1) Offense It shall be unlawful, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, to knowingly cause the intentional touching, not through the clothing, of the genitalia of any person by a person who has not attained the age of 16 years, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, or attempt to do so, if to do so would violate subsection (a), (b), or (c) of this section, section 2241, or section 2242 had such intentional touching been a sexual act. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned as provided in the applicable provision of law described in that paragraph, or both. ; and (D) in section 2244— (i) in subsection (a)— (I) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and adjusting the margins accordingly; (II) by striking Whoever and inserting the following: (1) In general Whoever ; (III) in paragraph (1), as so designated— (aa) in the matter preceding subparagraph (A), as so redesignated, by striking if so to do and inserting if to do so ; (bb) in subparagraph (A), as so redesignated, by striking ten and inserting 10 ; (cc) in subparagraph (B), as so redesignated, by striking three and inserting 3 ; (dd) in subparagraph (C), as so redesignated, by striking two and inserting 2 ; (ee) in subparagraph (D), as so redesignated, by striking two and inserting 2 ; and (ff) in subparagraph (F), as so redesignated, by striking the semicolon at the end and inserting a period; and (IV) by adding at the end the following: (2) Attempt Whoever attempts to commit an offense under paragraph (1) shall be subject to the same penalty as for a completed offense. ; (ii) in subsection (b)— (I) by inserting or causes after engages in ; (II) by inserting or by after sexual contact with ; (III) by inserting , or attempts to do so, after other person’s permission ; and (IV) by striking two and inserting 2 ; and (iii) in subsection (c), by striking If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual and inserting If the sexual contact or attempted sexual contact that a person engages in or causes in violation of this section (other than subsection (a)(1)(E)) is with or by an individual ; and (3) in section 2423(f)(1)— (A) by striking a sexual act (as defined in section 2246) with and inserting any conduct involving ; and (B) by striking sexual act occurred and inserting conduct occurred . (b) Effective date The amendment to section 2241(c) of title 18, United States Code, made by subsection (a) shall apply to conduct that occurred before, on, or after the date of enactment of this Act. 3. Conforming amendments relating to abusive sexual contact (a) Penalties for civil rights offenses involving sexual misconduct Section 250(b) of title 18, United States Code, is amended— (1) in paragraph (2), by striking section 2244(a)(5), and inserting section 2244(a)(1)(E), or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), ; (2) in paragraph (4), in the matter preceding subparagraph (A), by striking subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing and inserting section 2244(a)(1)(A), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b), but excluding abusive sexual contact through the clothing or an attempt to engage in or cause such contact ; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking section 2244(a)(2) and inserting section 2244(a)(1)(B) or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2) ; and (4) in paragraph (6), in the matter preceding subparagraph (A), by striking subsection (a)(3), (a)(4), or (b) of section 2244 and inserting subparagraph (C) or (D) of section 2244(a)(1), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b) . (b) Sentencing classification of offenses Section 3559 of title 18, United States Code, is amended— (1) in subsection (c)(2)(F)(i), by striking sections 2244(a)(1) and (a)(2) and inserting subparagraphs (A) and (B) of section 2244(a)(1) ; and (2) in subsection (e)(2)(A), by striking 2244(a)(1) and inserting 2244(a)(1)(A) .