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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Stop Child Pornographers and
Predators Act''.

SEC. 2. PROHIBITION OF OBSCENITY DEPICTING YOUNG CHILDREN.

Chapter 71 of title 18, United States Code, is amended--
(1) by inserting after section 1466 the following:
''Sec. 1466A. Obscene visual depictions of young children
''(a) Whoever, in a circumstance described in subsection (d),
knowingly produces, distributes, receives, or possesses with intent to
distribute a visual depiction that is that of a pre-pubescent child
engaging in sexually explicit conduct, or attempts or conspires to do
so, shall be subject to the penalties set forth in section 2252A(b)(1),
including the penalties provided for cases involving a prior
conviction.
''(b) Whoever, in a circumstance described in subsection (d),
knowingly possesses a visual depiction that is that of a pre-pubescent
child engaging in sexually explicit conduct, or attempts or conspires
to do so, shall be subject to the penalties set forth in section
2252A(b)(2), including the penalties provided for cases involving a
prior conviction.
''(c) For purposes of this section--
''(1) the term 'visual depiction' includes undeveloped film
and videotape, and data stored on computer disk or by
electronic means which is capable of conversion into a visual
image, and also includes any photograph, film, video, or
picture, whether made or produced by electronic, mechanical, or
other means;
''(2) the term 'pre-pubescent child' means that (A) the
child, as depicted, is one whose physical development indicates
the child is 12 years of age or younger; or (B) the child, as
depicted, does not exhibit significant pubescent physical or
sexual maturation; and
''(3) the term 'sexually explicit conduct' has the meaning
set forth in section 2256(2).
''(d) The circumstance referred to in subsections (a) and (b) is
that--
''(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
''(2) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
''(3) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
''(4) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.
''(e) In a case under subsection (b), it is an affirmative defense
that the defendant--
''(1) possessed less than three such images; and
''(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any image or copy thereof--
''(A) took reasonable steps to destroy each such
image; or
''(B) reported the matter to a law enforcement
agency and afforded that agency access to each such
image.''.

SEC. 3. PROHIBITION ON USE OF MATERIALS TO FACILITATE OFFENSES AGAINST
MINORS.

Chapter 71 of title 18, United States Code, is amended--
(1) by inserting at the end the following:
''Sec. 1471. Use of obscene material or child pornography to facilitate
offenses against minors
''(a) Whoever, in any circumstance described in subsection (c),
knowingly and with the intention to facilitate a sexual offense against
a minor--
''(1) provides or shows to a person below the age of 16
years any visual depiction that is of a pre-pubescent child
engaging in sexually explicit conduct, any obscene matter, or
any child pornography; or
''(2) provides or shows any obscene matter or child
pornography, or any visual depiction that is that of a pre-
pubescent child engaging in sexually explicit conduct, or any
other material assistance to any person in connection with any
conduct, or any attempt, incitement, solicitation, or
conspiracy to engage in any conduct, that involves a minor and
that violates chapter 109A, 110, or 117, or that would violate
chapter 109A if the conduct occurred in the special maritime
and territorial jurisdiction of the United States,
shall be subject to the penalties set forth in section 2252A(b)(1),
including the penalties provided for cases involving a prior
conviction.
''(b) For purposes of this section--
''(1) the term 'child pornography' has the meaning set
forth in section 2256(8);
''(2) the terms 'visual depiction' and 'pre-pubescent
child' have the meanings respectively set forth for those terms
in section 1466A(c); and
''(3) the term 'sexually explicit conduct' has the meaning
set forth in section 2256(2).
''(c) The circumstance referred to in subsection (a) is that--
''(1) any communication involved in or made in furtherance
of the offense is communicated or transported by the mail, or
in interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
''(2) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
''(3) any visual depiction or obscene matter involved in
the offense has been mailed, or has been shipped or transported
in interstate or foreign commerce by any means, including by
computer, or was produced using materials that have been
mailed, or that have been shipped or transported in interstate
or foreign commerce by any means, including by computer; or
''(4) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.''; and
(2) in the table of chapters at the beginning of the
chapter, by inserting at the end the following:

''1471. Use of obscene material or child pornography to facilitate
offenses against minors.''.

SEC. 4. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR
DISTRIBUTION IN THE UNITED STATES.

Section 2251 is amended--
(1) by striking ''subsection (d)'' each place it appears in
subsections (a), (b), and (c) and inserting ''subsection (e)'';
(2) by redesignating subsections (c) and (d), respectively,
as subsections (d) and (e); and
(3) by inserting after subsection (b) a new subsection (c)
as follows:
''(c)(1) Any person who, in a circumstance described in paragraph
(2), 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 outside of the United States, its
possessions and Territories, for the purpose of producing any visual
depiction of such conduct, shall be punished as provided under
subsection (e).
''(2) The circumstance referred to in paragraph (1) is that
the person transports such visual depiction to, or otherwise
makes it available within, the United States, its possessions,
or territories, by any means including by computer or mail.''.

SEC. 5. IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST CHILDREN.

Section 3559 of title 18, United States Code, is amended by adding
at the end the following new subsection:
''(e) Up to Life Imprisonment for Repeated Sex Offenses Against
Children.--
''(1) In general.--A person who is convicted of a Federal
sex offense in which a minor is the victim shall be sentenced
to up to life imprisonment if the person has a prior sex
conviction in which a minor was the victim.
''(2) Definitions.--For the purposes of this subsection--
''(A) the term 'Federal sex offense' means--
''(i) an offense under section 1466A
(obscene visual depictions of young children),
1471 (use of obscene material or child
pornography to facilitate offense against a
child), 2241 (relating to aggravated sexual
abuse), 2242 (relating to sexual abuse),
2243(a) (relating to sexual abuse of a minor),
2244(a)(1) or (2) (relating to abusive sexual
contact), 2245 (relating to sexual abuse
resulting in death), 2251 (extraterrestrial
production of child pornography), or 2251A
(relating to selling or buying of children); or
''(ii) an offense under section 2423(a)
(relating to transportation of minors)
involving prostitution or sexual activity
constituting a State sex offense;
''(B) the term 'State sex offense' means an offense
under State law that consists of conduct that would be
a Federal sex offense if, to the extent or in the
manner specified in the applicable provision of this
title--
''(i) the offense involved interstate or
foreign commerce, or the use of the mails; or
''(ii) the conduct occurred in any
commonwealth, territory, or possession of the
United States, within the special maritime and
territorial jurisdiction of the United States,
in a Federal prison, on any land or building
owned by, leased to, or otherwise used by or
under the control of the Government of the
United States, or in the Indian country (as
defined in section 1151);
''(C) the term 'prior sex conviction' means a
conviction for which the sentence was imposed before
the conduct occurred constituting the subsequent
Federal sex offense, and which was for a Federal sex
offense or a State sex offense;
''(D) the term 'minor' means an individual who has
not attained the age of 17 years; and
''(E) the term 'State' has the meaning given that
term in subsection (c)(2).''.
Stop Child Pornographers and Predators Act - Amends the federal criminal code to: (1) prohibit the production, distribution, receipt, or possession of visual depictions of prepubescent children (age 12 or younger) engaging in sexually explicit conduct; (2) prohibit the use of pornographic materials to facilitate sex offenses against minors; (3) ban the distribution in the United States of child pornography produced outside the United States; and (4) increase criminal penalties for sex offenders who have a prior sex conviction involving a minor.