File spoon-archives/avant-garde.archive/avant-garde_1997/97-03-30.002, message 80


Date: Sat, 01 Mar 1997 19:58:16 -0500
From: John Young <jya-AT-pipeline.com>
Subject: Whetting Appetites, Funding Justice


>From the House Reports Online via GPO Access
[wais.access.gpo.gov]

104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-863
_____________________________________________________
 
MAKING APPROPRIATIONS FOR THE 
DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR 
ENDING SEPTEMBER 30, 1997, 
AND FOR OTHER PURPOSES

                                _______
                                

September 28, 1996.--Ordered to be printed

* * * * *

      Sec. 121. This section may be cited as the ``Child 
Pornography Prevention Act of 1996''.

Subsection 1. Findings

      Congress finds that--
            (1) the use of children in the production of 
        sexually explicit material, including photographs, 
        films, videos, computer images, and other visual 
        depictions, is a form of sexual abuse which can result 
        in physical or psychological harm, or both, to the 
        children involved;
            (2) where children are used in its production, 
        child pornography permanently records the victim's 
        abuse, and its continued existence causes the child 
        victims of sexual abuse continuing harm by haunting 
        those children in future years;
            (3) child pornography is often used as part of a 
        method of seducing other children into sexual activity; 
        a child who is reluctant to engage in sexual activity 
        with an adult, or to pose for sexually explicit 
        photographs, can sometimes be convinced by viewing 
        depictions of other children ``having fun'' 
        participating in such activity;
            (4) child pornography is often used by pedophiles 
        and child sexual abusers to stimulate and whet their 
        own sexual appetites, and as a model for sexual acting 
        out with children; such use of child pornography can 
        desensitize the viewer to the pathology of sexual abuse 
        or exploitation of children, so that it can become 
        acceptable to and even preferred by the viewer;
            (5) new photographic and computer imagining 
        technologies make it possible to produce by electronic, 
        mechanical, or other means, visual depictions of what 
        appear to be children engaging in sexually explicit 
        conduct that are virtually indistinguishable to the 
        unsuspecting viewer from unretouched photographic 
        images of actual children engaging in sexually explicit 
        conduct;
            (6) computers and computer imaging technology can 
        be used to--
                    (A) alter sexually explicit photographs, 
                films, and videos in such a way as to make it 
                virtually impossible for unsuspecting viewers 
                to identify individuals, or to determine if the 
                offending material was produced using children;
                    (B) produce visual depictions of child 
                sexual activity designed to satisfy the 
                preferences of individual child molesters, 
                pedophiles, and pornography collectors; and
                    (C) alter innocent pictures of children to 
                create visual depictions of those children 
                engaging in sexual conduct;
            (7) the creation or distribution of child 
        pornography which includes an image of a recognizable 
        minor invades the child's privacy and reputational 
        interests, since images that are created showing a 
        child's face or other identifiable feature on a body 
        engaging in sexually explicit conduct can haunt the 
        minor for years to come;
            (8) the effect of visual depictions of child sexual 
        activity on a child molester or pedophile using that 
        material to stimulate or whet his own sexual appetites, 
        or on a child where the material is being used as a 
        means of seducing or breaking down the child's 
        inhibitions to sexual abuse or exploitation, is the 
        same whether the child pornography consists of 
        photographic depictions of actual children or visual 
        depictions produced wholly or in part by electronic, 
        mechanical, or other means, including by computer, 
        which are virtually indistinguishable to the 
        unsuspecting viewer from photographic images of actual 
        children;
            (9) the danger to children who are seduced and 
        molested with the aid of child sex pictures is just as 
        great when the child pornographer or child molester 
        uses visual depictions of child sexual activity 
        produced wholly or in part by electronic, mechanical, 
        or other means, including by computer, as when the 
        material consists of unretouched photographic images of 
        actual children engaging in sexually explicit conduct;
            (10)(A) the existence of and traffic in child 
        pornographic images creates the potential for many 
        types of harm in the community and presents a clear and 
        present danger to all children; and
            (B) it inflames the desires of child molesters, 
        pedophiles, and child pornographers who prey on 
        children, thereby increasing the creation and 
        distribution of child pornography and the sexual abuse 
        and exploitation of actual children who are victimized 
        as a result of the existence and use of these 
        materials;
            (11)(A) the sexualization and eroticization of 
        minors through any form of child pornographic images 
        has a deleterious effect on all children by encouraging 
        a societal perception of children as sexual objects and 
        leading to further sexual abuse and exploitation of 
        them; and
            (B) this sexualization of minors creates an 
        unwholesome environment which affects the 
        psychological, mental and emotional development of 
        children and undermines the efforts of parents and 
        families to encourage the sound mental, moral and 
        emotional development of children;
            (12) prohibiting the possession and viewing of 
        child pornography will encourage the possessors of such 
        material to rid themselves of or destroy the material, 
        thereby helping to protect the victims of child 
        pornography and to eliminate the market for the sexual 
        exploitative use of children; and
            (13) the elimination of child pornography and the 
        protection of children from sexual exploitation provide 
        a compelling governmental interest for prohibiting the 
        production, distribution, possession, sale, or viewing 
        of visual depictions of children engaging in sexually 
        explicit conduct, including both photographic images of 
        actual children engaging in such conduct and depictions 
        produced by computer or other means which are virtually 
        indistinguishable to the unsuspecting viewer from 
        photographic images of actual children engaging in such 
        conduct.

Subsection 2. Definitions

      Section 2256 of title 18, United States Code, is 
amended--
            (1) in paragraph (5), by inserting before the 
        semicolon the following: ``, and data stored on 
        computer disk or by electronic means which is capable 
        of conversion into a visual image'';
            (2) in paragraph (6), by striking ``and'';
            (3) in paragraph (7), by striking the period and 
        inserting a semicolon; and
            (4) by adding at the end the following new 
        paragraphs:
            ``(8) `child pornography' means any visual 
        depiction, including any photograph, film, video, 
        picture, or computer or computer-generated image or 
        picture, whether made or produced by electronic, 
        mechanical, or other means, of sexually explicit 
        conduct, where--
                    ``(A) the production of such visual 
                depiction involves the use of a minor engaging 
                in sexually explicit conduct;
                    ``(B) such visual depiction is, or appears 
                to be, of a minor engaging in sexually explicit 
                conduct;
                    ``(C) such visual depiction has been 
                created, adapted, or modified to appear that an 
                identifiable minor is engaging in sexually 
                explicit conduct; or
                    ``(D) such visual depiction is advertised, 
                promoted, presented, described, or distributed 
                in such a manner that conveys the impression 
                that the material is or contains a visual 
                depiction of a minor engaging in sexually 
                explicit conduct; and
            ``(9) `identifiable minor'--
                    ``(A) means a person--
                            ``(i)(I) who was a minor at the 
                        time the visual depiction was created, 
                        adapted, or modified; or
                            ``(II) whose image as a minor was 
                        used in creating, adapting, or 
                        modifying the visual depiction; and
                            ``(ii) who is recognizable as an 
                        actual person by the person's face, 
                        likeness, or other distinguishing 
                        characteristic, such as a unique 
                        birthmark or other recognizable 
                        feature; and
                    ``(B) shall not be construed to require 
                proof of the actual identity of the 
                identifiable minor.''.

Subsection 3. Prohibited Activities Relating to Material Constituting 
                    or Containing Child Pornography

    (a) In General.--Chapter 110 of title 18, United States 
Code, is amended by adding after section 2252 the following:

``Sec. 2252A. Certain activities relating to material constituting or 
                    containing child pornography

    ``(a) Any person who--
            ``(1) knowingly mails, or transports or ships in 
        interstate or foreign commerce by any means, including 
        by computer, any child pornography;
            ``(2) knowingly receives or distributes--
                    ``(A) any child pornography that has been 
                mailed, or shipped or transported in interstate 
                or foreign commerce by any means, including by 
                computer; or
                    ``(B) any material that contains child 
                pornography that has been mailed, or shipped or 
                transported in interstate or foreign commerce 
                by any means, including by computer;
            ``(3) knowingly reproduces any child pornography 
        for distribution through the mails, or in interstate or 
        foreign commerce by any means, including by computer;
            ``(4) either--
                    ``(A) in the special maritime and 
                territorial jurisdiction of the United States, 
                or on any land or building owned by, leased to, 
                or otherwise used by or under the control of 
                the United States Government, or in the Indian 
                country (as defined in section 1151), knowingly 
                sells or possesses with the intent to sell any 
                child pornography; or
                    ``(B) knowingly sells or possesses with the 
                intent to sell any child pornography that has 
                been mailed, or shipped or transported in 
                interstate or foreign commerce by any means, 
                including by computer, or that was produced 
                using materials that have been mailed, or 
                shipped or transported in interstate or foreign 
                commerce by any means, including by computer; 
                or
            ``(5) either--
                    ``(A) in the special maritime and 
                territorial jurisdiction of the United States, 
                or on any land or building owned by, leased to, 
                or otherwise used by or under the control of 
                the United States Government, or in the Indian 
                country (as defined in section 1151), knowingly 
                possesses any book, magazine, periodical, film, 
                videotape, computer disk, or any other material 
                that contains 3 or more images of child 
                pornography; or
                    ``(B) knowingly possesses any book, 
                magazine, periodical, film, videotape, computer 
                disk, or any other material that contains 3 or 
                more images of child pornography that has been 
                mailed, or shipped or transported in interstate 
                or foreign commerce by any means, including by 
                computer, or that was produced using materials 
                that have been mailed, or shipped or 
                transported in interstate or foreign commerce 
                by any means, including by computer,
        shall be punished as provided in subsection (b).
    ``(b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), (3), or (4) of subsection (a) 
shall be fined under this title or imprisoned not more than 15 
years, or both, but, if such person has a prior conviction 
under this chapter or chapter 109A, or under the laws of any 
State relating to aggravated sexual abuse, sexual abuse, or 
abusive sexual conduct involving a minor or ward, or the 
production, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, such person 
shall be fined under this title and imprisoned for not less 
than 5 years nor more than 30 years.
    ``(2) Whoever violates, or attempts or conspires to 
violate, subsection (a)(5) shall be fined under this title or 
imprisoned not more than 5 years, or both, but, if such person 
has a prior conviction under this chapter or chapter 109A, or 
under the laws of any State relating to the possession of child 
pornography, such person shall be fined under this title and 
imprisoned for not less than 2 years nor more than 10 years.
      ``(c) It shall be an affirmative defense to a charge of 
violating paragraphs (1), (2), (3), or (4) of subsection (a) 
that--
            ``(1) the alleged child pornography was produced 
        using an actual person or persons engaging in sexually 
        explicit conduct;
            ``(2) each such person was an adult at the time the 
        material was produced; and
            ``(3) the defendant did not advertise, promote, 
        present, describe, or distribute the material in such a 
        manner as to convey the impression that it is or 
        contains a visual depiction of a minor engaging in 
        sexually explicit conduct.''.
      (b) Technical Amendment.--The table of sections for 
chapter 110 of title 18, United States Code, is amended by 
adding after the item relating to section 2252 the following:

``2252A. Certain activities relating to material constituting or 
          containing child pornography.''.

Subsection 4. Penalties for Sexual Exploitation of Children.

      Section 2251(d) of title 18, United States Code, is 
amended to read as follows:
      ``(d) Any individual who violates, or attempts or 
conspires to violate, this section shall be fined under this 
title or imprisoned not less than 10 years nor more than 20 
years, or both, but if such person has one prior conviction 
under this chapter or chapter 109A, or under the laws of any 
State relating to the sexual exploitation of children, such 
person shall be fined under this title and imprisoned for not 
less than 15 years nor more than 30 years, but if such person 
has 2 or more prior convictions under this chapter or chapter 
109A, or under the laws of any State relating to the sexual 
exploitation of children, such person shall be fined under this 
title and imprisoned not less than 30 years nor more than life. 
Any organization that violates, or attempts or conspires to 
violate, this section shall be fined under this title. Whoever, 
in the course of an offense under this section, engages in 
conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for 
life.''.

Subsection 5. Material Involving Sexual Exploitation of Minors

      Section 2252 of title 18, United States Code, is amended 
by striking subsection (b) and inserting the following:
      ``(b)(1) Whoever violates, or attempts or conspires to 
violate, paragraphs (1), (2), or (3) of subsection (a) shall be 
fined under this title or imprisoned not more than 15 years, or 
both, but if such person has a prior conviction under this 
chapter or chapter 109A, or under the laws of any State 
relating to aggravated sexual abuse, sexual abuse, or abusive 
sexual conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than 5 years nor 
more than 30 years.
      ``(2) Whoever violates, or attempts or conspires to 
violate, paragraph (4) of subsection (a) shall be fined under 
this title or imprisoned not more than 5 years, or both, but if 
such person has a prior conviction under this chapter or 
chapter 109A, or under the laws of any State relating to the 
possession of child pornography, such person shall be fined 
under this title and imprisoned for not less than 2 years nor 
more than 10 years.''.

Subsection 6. Privacy Protection Act Amendments

      Section 101 of the Privacy Protection Act of 1980 (42 
U.S.C. 2000aa) is amended--
            (1) in subsection (a)(1), by inserting before the 
        parenthesis at the end the following: ``, or if the 
        offense involves the production, possession, receipt, 
        mailing, sale, distribution, shipment, or 
        transportation of child pornography, the sexual 
        exploitation of children, or the sale or purchase of 
        children under section 2251, 2251A, 2252, or 2252A of 
        title 18, United States Code''; and
            (2) in subsection (b)(1), by inserting before the 
        parenthesis at the end the following: ``, or if the 
        offense involves the production, possession, receipt, 
        mailing, sale, distribution, shipment, or 
        transportation of child pornography, the sexual 
        exploitation of children, or the sale or purchase of 
        children under section 2251, 2251A, 2252, or 2252A of 
        title 18, United States Code''.

Subsection 7. Amber Hagerman Child Protection Act of 1996

      (a) Short Title.--This section may be cited as the 
``Amber Hagerman Child Protection Act of 1996''.
      (b) Aggravated Sexual Abuse of a Minor.--Section 2241(c) 
of title 18, United States Code, is amended to read as follows:
      ``(c) With Children.--Whoever crosses a State line with 
intent to engage in a sexual act with a person who has not 
attained the age of 12 years, or in the special maritime and 
territorial jurisdiction of the United States or in a Federal 
prison, knowingly engages in a sexual act with another person 
who has not attained the age of 12 years, or knowingly engages 
in a sexual act under the circumstances described in 
subsections (a) and (b) with another person who has attained 
the age of 12 years but has not attained the age of 16 years 
(and is at least 4 years younger than that person), or attempts 
to do so, shall be fined under this title, imprisoned for any 
term of years or life, or both. If the defendant has previously 
been convicted of another Federal offense under this 
subsection, or of a State offense that would have been an 
offense under either such provision had the offense occurred in 
a Federal prison, unless the death penalty is imposed, the 
defendant shall be sentenced to life in prison.''.
      (c) Sexual Abuse of a Minor.--Section 2243(a) of title 
18, United States Code, is amended by inserting ``crosses a 
State line with intent to engage in a sexual act with a person 
who has not attained the age of 12 years, or'' after 
``Whoever''.

 Subsection 8. Severability

      If any provision of this Act, including any provision or 
section of the definition of the term child pornography, an 
amendment made by this Act, or the application of such 
provision or amendment to any person or circumstance is held to 
be unconstitutional, the remainder of this Act, including any 
other provision or section of the definition of the term child 
pornography, the amendments made by this Act, and the 
application of such to any other person or circumstance shall 
not be affected thereby.
      This title may be cited as the ``Department of Justice 
Appropriations Act, 1997''.



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