S 3021
Enforce act
Enforce Act
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Bill overview
The Enhancing Necessary Federal Offenses Regarding Child Exploitation Act (ENFORCE Act) aims to strengthen the legal framework for combating child sexual abuse material. It expands the definition of child pornography to include production with intent to mail, ship, or transport it across state lines, and increases penalties for those involved. The bill also removes the statute of limitations for crimes involving obscene visual representations of child sexual abuse and requires sex offenders to register for offenses related to this type of material. Finally, it establishes procedures for handling and accessing depictions of child sexual abuse in criminal proceedings.
Key provisions
- Expands the definition of child pornography to include production with intent to transport it interstate.
- Removes the statute of limitations for crimes involving obscene visual representations of child sexual abuse.
- Requires sex offenders to register for offenses related to obscene visual representations of child sexual abuse.
- Establishes procedures for handling and accessing depictions of child sexual abuse in criminal proceedings.
- Clarifies the definition of ‘produced’ in relation to child pornography.
- Addresses the reproduction of obscene visual representations of child sexual abuse in discovery.
- Modifies the Adam Walsh Child Protection and Safety Act to include offenses under section 1466A.
- Alters supervised release provisions for violations of section 1466A after imprisonment.
Who is affected
- Individuals involved in the production, distribution, or possession of child pornography.
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
S. 3021
IN THE SENATE OF THE UNITED STATES
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,
.