HR 4831
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Bill overview
The Enhancing Necessary Federal Offenses Regarding Child Exploitation Act, or ENFORCE Act, aims to strengthen the legal framework for combating child sexual exploitation. It expands the definition of child pornography to include the production of depictions that are intended for interstate commerce, increases criminal penalties for those involved in producing or distributing such material, and removes the statute of limitations for crimes involving obscene visual representations of child sexual abuse. The bill also mandates the registration of offenders involved in these crimes and establishes specific procedures for handling visual depictions in criminal proceedings.
Key provisions
- Expands the definition of child pornography to include depictions intended for interstate commerce.
- Increases criminal penalties for producing or distributing child pornography.
- Removes the statute of limitations for crimes involving obscene visual representations of child sexual abuse.
- Requires sex offenders to register for crimes involving obscene visual representations of child sexual abuse.
- Establishes procedures for handling visual depictions of child sexual abuse in criminal proceedings, including restrictions on reproduction and access for victims.
- Modifies supervised release requirements for individuals convicted of offenses under section 1466A.
- Clarifies the definition of ‘produced’ in relation to child pornography.
- Addresses the handling of material depicting obscene child sexual abuse during discovery.
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119th CONGRESS — 1st Session
H. R. 4831
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 18, United States Code, to enhance enforcement with respect to material depicting obscene child sexual abuse or constituting child pornography, and for other purposes.
This Act may be cited as the Enhancing Necessary Federal Offenses Regarding Child Exploitation Act ENFORCE Act
or the
.
Section 2252A of title 18, United States Code, is amended—
in subsection (a), by striking paragraph (7) and inserting the following:
knowingly produces child pornography, as defined in section 2256(8)(C), that—
the person knows, or has reason to know, will be mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce;
was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or
has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce,
in subsection (b)—
in paragraph (1), by striking or (6)
and inserting (6), or (7)
; and
by striking paragraph (3).
Section 3299 of title 18, United States Code, is amended by inserting 1466A or
before 1591
.
Section 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5)(A)(iii)) is amended by inserting 1466A or
before 1591
.
Section 1466A of title 18, United States Code, is amended—
In any criminal proceeding brought under this section—
any visual depiction involved in a violation of this section shall remain in the care, custody, and control of either the Government or the court in the same manner specified for child pornography in paragraphs (1) and (2) of section 3509(m); and
any identifiable minor, as that term is defined in section 2256(9), depicted in any visual depiction involved in a violation of this section may have access to such depiction in the same manner specified for a victim, with respect to child pornography depicting the victim, in section 3509(m)(3).
Section 3142 of title 18, United States Code, is amended—
in subsection (c)(1)(B), in the undesignated matter following clause (xiv), by striking that involves
and all that follows through 2425 of this title
and inserting that involves an offense described in subsection (e)(3)(E)
; and
in subsection (e)(3), by striking subparagraph (E) and inserting the following:
an offense—
involving a minor victim under section 1201, 1591, 2241(a), 2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of this title; or
under section 1466A(a), 2241(c), 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2422(b), 2423, or 2425 of this title.
Section 3583(k) of title 18, United States Code, is amended, in the first sentence, by inserting 1466A,
before 1591,
.