Preventing Child Sex Abuse Act of 2023

Bill: 118-hr-454
Sponsor: full_name: Rep. Burchett, Tim [R-TN-2]
Introduced: 2023-01-24
Policy area: Crime and Law Enforcement
Subjects: Crimes against children

Criminal procedure and sentencing

Domestic violence and child abuse

Social work, volunteer service, charitable organizations
Latest action: action_date: 2023-01-24
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2023-01-24
action_desc: Introduced in House
text: <p><b>Preventing Child Sex Abuse Act of 2023</b></p> <p>This bill makes changes to the federal law prohibiting child sexual tourism. </p> <p>First, the bill revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct. Specifically, this bill requires the government to prove that an individual traveled (or facilitated travel) with the intent to engage in illicit sexual conduct (currently, with a motivating purpose of engaging in illicit sexual conduct). Further, it specifies that the term <i>intent</i> is to be construed as any intention to engage in illicit sexual conduct at the time of the travel. </p> <p>Second, the bill establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through his or her connection to or affiliation with the organization. A violation is subject to a fine, a prison term of up to 30 years, or both. </p> <p>Finally, the bill specifies that the term <i>sexual activity for which any person can be charged with a criminal offense</i> does not require interpersonal physical contact. </p>

tv_txt: I 118th CONGRESS 1st Session H. R. 454 IN THE HOUSE OF REPRESENTATIVES January 24, 2023 Mr. Burchett (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect children against sexual abuse and exploitation, and for other purposes.

1. Short title This Act may be cited as the Preventing Child Sex Abuse Act of 2023 . 2. Sense of Congress The sense of Congress is the following: (1) The safety of children should be a top priority for public officials and communities in the United States. (2) According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. (3) The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. (4) Victims are more likely than non-victims to experience the following mental health challenges: (A) Victims are about 4 times more likely to develop symptoms of drug abuse. (B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults. (C) Victims are about 3 times more likely to experience a major depressive episode as adults. (5) The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable. (6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. (7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. (8) It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. (9) Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, significant, dominant, or motivating purpose of the travel. (10) Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. (11) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as sexual activity . (12) Congress can address this issue by amending the definition of the term sexual activity to clarify that it does not require interpersonal, physical contact. (13) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law. 3. Interstate child sexual abuse Section 2423 of title 18, United States Code, is amended— (1) in subsection (b), by striking with a motivating purpose of engaging in any illicit sexual conduct with another person and inserting with intent to engage in any illicit sexual conduct with another person ; (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; (3) in subsection (e), as so redesignated, by striking with a motivating purpose of engaging in any illicit sexual conduct and inserting with intent to engage in any illicit sexual conduct ; and (4) by inserting after subsection (g), as so redesignated, the following: (h) Rule of construction As used in this section, the term intent shall be construed as any intention to engage in illicit sexual conduct at the time of the travel. . 4. Abuse under the guise of charity Section 2423 of title 18, United States Code, as amended by section 3 of this Act, is amended— (1) by inserting after subsection (c) the following: (d) Illicit sexual conduct in connection with certain organizations Any citizen of the United States or alien admitted for permanent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. ; (2) in subsection (f), as so redesignated, by striking or (d) and inserting (d), or (e) ; and (3) in subsection (i), as so redesignated, by striking (f)(2) and inserting (g)(2) . 5. Sexual activity with minors Section 2427 of title 18, United States Code, is amended by inserting does not require interpersonal physical contact, and before includes .