Child Protection Act of 2012
PL 112-206 (H.R.6063), enacted 12/07/2012

126 STAT. 1490 
PUBLIC LAW 112–206—DEC. 7, 2012 
Public Law 112–206 
112th Congress 
An Act 
To amend title 18, United States Code, with respect to child pornography and 
child exploitation offenses. 
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 ‘‘Child Protection Act of 2012’’. 
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOG-
RAPHY. 
(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 prepubescent minor or a minor who had not attained 12 years 
of age, such person shall be fined under this title and imprisoned 
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 involved a prepubescent minor or a minor who had not 
attained 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— 
(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), respectively; 
(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 intimi-
dation 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 
Courts. 
Protective order. 
Child Protection 
Act of 2012. 
18 USC 1 note. 
Dec. 7, 2012 
[H.R. 6063] 
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126 STAT. 1491 
PUBLIC LAW 112–206—DEC. 7, 2012 
or otherwise participate in the Federal criminal case or inves-
tigation. Any hearing regarding a protective order under this 
paragraph shall be conducted in accordance with paragraphs 
(1) and (3), except that the court may issue an ex parte emer-
gency protective order in advance of a hearing if exigent cir-
cumstances are present. If such an ex parte order is 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 complaint 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 
expires 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 series of acts 
over a period of time, however short, indicating a continuity 
of purpose; 
‘‘(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 per-
son; and 
‘‘(ii) serves no legitimate purpose; 
‘‘(C) the term ‘immediate family member’ has the meaning 
given that term in section 115 and includes 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 conduct that is reasonably 
likely to influence the willingness of a victim or witness to 
testify or participate in a Federal criminal case or investigation; 
and 
‘‘(G) the term ‘specific person’ means a victim or witness 
in a Federal criminal case or investigation, and includes an 
immediate family member of such a victim or witness. 
‘‘(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of para-
graph (1), a court shall presume, subject to rebuttal by the person, 
that the distribution or publication using the Internet of a photo-
graph 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 designed 
to locate that specific person (who has been reported to law enforce-
ment 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.’’. 
Courts. 
Definitions. 
Penalties. 
Hearings. 
Deadline. 
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126 STAT. 1492 
PUBLIC LAW 112–206—DEC. 7, 2012 
(b) SENTENCING GUIDELINES.—Pursuant to its authority 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 statements to ensure— 
(1) that the guidelines provide an additional penalty 
increase above the sentence otherwise applicable in Part J 
of Chapter 2 of the Guidelines Manual if the defendant was 
convicted of a violation of section 1591 of title 18, United 
States Code, or chapters 109A, 109B, 110, or 117 of title 18, 
United States Code; and 
(2) if the offense described in paragraph (1) involved 
causing or threatening to cause physical injury to a person 
under 18 years of age, in order to obstruct the administration 
of justice, an additional penalty increase above the sentence 
otherwise applicable in Part J of Chapter 2 of the Guidelines 
Manual. 
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE 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)— 
(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 following: 
‘‘(ii) the term ‘sex offender’ means an individual required 
to register under the Sex Offender Registration and Notification 
Act (42 U.S.C. 16901 et seq.).’’. 
(2) TECHNICAL
AND
CONFORMING
AMENDMENTS.—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 ‘‘paragraph (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; 
(2) in subparagraph (B), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) issue administrative subpoenas in accordance with 
section 3486 of title 18, solely for the purpose of investigating 
unregistered sex offenders (as defined in such section 3486).’’. 
Review. 
28 USC 994 note. 
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126 STAT. 1493 
PUBLIC LAW 112–206—DEC. 7, 2012 
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES 
FOR ICAC TASK FORCES. 
Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 
(42 U.S.C. 17612(b)(4)(B)) is amended by striking ‘‘$2,000,000’’ and 
inserting ‘‘$4,000,000’’. 
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVEN-
TION AND INTERDICTION. 
Section 101(d)(1) of the PROTECT Our Children Act of 2008 
(42 U.S.C. 17611(d)(1)) is amended— 
(1) by striking ‘‘to be responsible’’ and inserting the fol-
lowing: ‘‘with experience in investigating or prosecuting child 
exploitation cases as the National Coordinator for Child Exploi-
tation Prevention and Interdiction who shall be responsible’’; 
and 
(2) by adding at the end the following: ‘‘The National 
Coordinator for Child Exploitation Prevention and Interdiction 
shall be a position in the Senior Executive Service.’’. 
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES. 
Section 107(a) of the PROTECT Our Children Act of 2008 
(42 U.S.C. 17617(a)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’; 
(2) in paragraph (5), by striking the period at the end; 
and 
(3) by inserting after paragraph (5) the following: 
‘‘(6) $60,000,000 for fiscal year 2014; 
‘‘(7) $60,000,000 for fiscal year 2015; 
‘‘(8) $60,000,000 for fiscal year 2016; 
‘‘(9) $60,000,000 for fiscal year 2017; and 
‘‘(10) $60,000,000 for fiscal year 2018.’’. 
SEC. 8. CLARIFICATION OF ‘‘HIGH-PRIORITY SUSPECT’’. 
Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 
2008 (42 U.S.C. 17615(e)(1)(B)(i)) is amended by striking ‘‘the 
volume’’ and all that follows through ‘‘or other’’. 
SEC. 9. REPORT TO CONGRESS. 
Not later than 90 days after the date of enactment of this 
Act, the Attorney General shall submit to the Committee on the 
Judiciary of the House of Representatives and the Committee on 
the Judiciary of the Senate a report on the status of the Attorney 
General’s establishment of the National Internet Crimes Against 
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126 STAT. 1494 
PUBLIC LAW 112–206—DEC. 7, 2012 
LEGISLATIVE HISTORY—H.R. 6063: 
HOUSE REPORTS: No. 112–638 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
July 31, Aug. 1, considered and passed House. 
Nov. 26, considered and passed Senate. 
Children Data System required to be established under section 
105 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17615). 
Approved December 7, 2012. 
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