S 2491 in Congressional Session 105

Bill Number : S 2491

Title : A bill to amend title 18, United States Code, to protect children from sexual abuse and exploitation, and for other purposes.

SUMMARY AS OF:
9/17/1998--Introduced. TABLE OF CONTENTS:

Title I:

Protection of Children from Predators

Title II:

Protection of Children from Child Pornography

Title III:

Sexual Abuse Prevention

Title IV:

Prohibition on Transfer of Obscene Material to Minors

Title V:

Increased Penalties for Offenses Against Children and for Repeat Offenders

Title VI:

Criminal, Procedural, and Administrative Reforms

Title VII:

Murder and Kidnapping Investigations

Title VIII:

Restricted Access to Interactive Computer Services

Title IX:

Studies Protection of Children From Sexual Predators Act of 1998 -

Title I:

Protection of Children From Predators - Amends the Federal criminal code to prohibit, and set penalties for, transmitting the name, address, telephone number, social security number, or electronic mail address of another, or attempting to do so, knowing that such individual has not attained age 16, with intent to solicit any person to engage in criminal sexual activity.

(Sec. 102)

Prohibits, and sets penalties for, using the mail or any facility or means of interstate or foreign commerce, to coerce any individual under age 18 to engage in prostitution or criminal sexual activity, or attempting to do so.

(Sec. 103)

Increases penalties for the transportation of minors or assumed minors for illegal sexual activity and related crimes, and includes attempts to do so.

(Sec. 104)

Sets at twice the term otherwise provided the maximum term of imprisonment for a violation of provisions regarding transportation for illegal sexual activity after a prior sex offense conviction.

(Sec. 105)

Includes offenses relating to child pornography in the definition of "sexual activity for which any person can be charged with a criminal offense."

(Sec. 106)

Includes attempts, and increases penalties, with respect to the general prohibition against knowingly transporting an individual in interstate or foreign commerce with intent that such individual engage in prostitution or criminal sexual activity.

Title II:

Protection of Children From Child Pornography - Amends the code to provide for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that have been mailed, shipped, or transported in interstate or foreign commerce, including by computer. Increases penalties for violating, or attempting or conspiring to violate, provisions regarding the sexual exploitation of children.

(Sec. 202)

Provides increased penalties for various child pornography-related offenses when the violator has already been convicted of a crime relating to the transportation of a minor for illegal sexual activity and related crimes. Adds specified activities the prior conviction of which shall result in an increased maximum criminal penalty.

Title III:

Sexual Abuse Prevention - Amends the code to increase penalties for abusive sexual contact involving individuals under age 12.

(Sec. 303)

Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment for a person having a prior sex offense conviction.

Title IV:

Prohibition on Transfer of Obscene Material to Minors - Amends the code to prohibit, and set penalties for, transferring obscene material to persons under age 16, and for attempting to do so.

Title V:

Increased Penalties for Offenses Against Children and for Repeat Offenders - Amends the code to subject to life imprisonment (unless the death penalty is imposed) a person convicted of a Federal offense that is a serious violent felony or a violation of provisions regarding: (1) coercion and enticement to travel to engage in prostitution or criminal sexual activity; (2) transportation of minors to engage in such activity or in a sexual act with a juvenile; or (3) sexual exploitation and other abuse of children, if the victim is under age 14 and dies as a result of the offense, and the defendant engages in specified conduct in the course of the offense, with an exception.

(Sec. 502)

Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to increase penalties for: (1) sexual exploitation and other abuse of children; (2) use of a computer in the sexual abuse or exploitation of a child; (3) knowing misrepresentation in the sexual abuse or exploitation of a child; and (4) a pattern of activity of sexual exploitation of children.

(Sec. 506)

Requires the Commission to review the guidelines and promulgate such amendments as necessary to clarify that the term "distribution of pornography" applies to distribution for monetary remuneration or for a nonpecuniary interest.

(Sec. 507)

Directs the Commission to ensure reasonable consistency with other Federal sentencing guidelines and to avoid duplicative punishment for substantially the same offense.

Title VI:

Criminal, Procedural, and Administrative Reforms - Amends the code to provide for: (1) pretrial detention of persons committing a felony under provisions relating to sexual exploitation and other abuse of children; and (2) criminal and civil forfeiture for related offenses against minors.

(Sec. 604)

Amends the Victims of Child Abuse Act of 1990 to require the reporting of child pornography by electronic communication service providers. Sets penalties for failure to report. Shields the provider or user from civil liability for action taken in good faith to comply with such requirement. Sets forth provisions regarding limits on information or material required in the report. Disavows any requirement for monitoring any user, subscriber or customer, or the content of any communication of any such person. Prohibits disclosure by law enforcement agencies of information contained within the report, with exceptions.

(Sec. 605)

Provides a civil remedy for personal injuries resulting from certain sex crimes against children.

(Sec. 606)

Authorizes the Attorney General or his or her designee to issue in writing and cause to be served a subpoena, in cases involving child abuse and child sexual exploitation investigations, requiring: (1) a provider of electronic communication or remote computing service to disclose the name, address, and certain related information concerning a subscriber or customer which may be relevant to an authorized law enforcement inquiry; or (2) a custodian of records to give testimony concerning the production and authentication of such records or information.

(Sec. 607)

Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Bureau of Justice Assistance to carry out a Sex Offender Management Assistance Program, under which the Director shall award a grant to each eligible State to offset costs directly associated with sexually violent offender registration requirements. Authorizes appropriations. Requires the Director to conduct a study to assess the efficacy of the Program and submit recommendations to the Congress.

Title VII:

Murder and Kidnapping Investigations - Amends the Federal judicial code to authorize the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to investigate serial killings of a State or political subdivision, if such investigation is requested by the head of a law enforcement agency with investigative or prosecutorial jurisdiction over the offense.

(Sec. 702)

Specifies that the kidnapping offense applies regardless of whether such person was alive when transported across a State boundary, provided the person was alive when the transportation began. Provides that the fact that a presumption that a person has been transported in interstate or foreign commerce if not released within 24 hours has not yet taken effect does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended.

(Sec. 703)

Directs the Attorney General to establish within the FBI the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Requires a report from the Attorney General to the Congress concerning Center goals and activities. Authorizes appropriations.

Title VII:

Restricted Access to Interactive Computer Services - Prohibits any U.S. agency, officer, or employee from implementing, or providing financial assistance to, any Federal program or activity in which a Federal prisoner is allowed access to any electronic communication or remote computing service without the supervision of a Government official.

(Sec. 802)

Expresses the sense of the Congress that State Governors, legislators, and prison administrators should prohibit unsupervised access to the Internet by State prisoners.

(Sec. 803)

Directs the Attorney General to conduct a survey of the States to determine to what extent each State allows prisoners access to any interactive computer service and whether such access is supervised by a prison official, and to report to the Congress.

Title IX:

Studies - Directs the Attorney General to: (1) request that the National Academy of Sciences enter into a contract to conduct a study of computer-based technologies and other approaches to the problem of the availability of pornographic material to children on the Internet, in order to develop possible amendments to Federal criminal law and other law enforcement techniques to respond to the problem; and (2) conduct a study to examine existing State programs for informing the public of the presence of sexual predators released from prison and the feasibility of establishing a national hotline for parents to access an FBI database that tracks the location of convicted sexual predators. Sets forth reporting requirements.

Sen DeWine, Mike [OH] - 9/17/1998

Sen Leahy, Patrick J. [VT] - 9/17/1998