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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the
Enhancing Necessary Federal Offenses Regarding Child
Exploitation Act
or the ENFORCE
Act
.
Sec. 2. Clarifying production with respect to material constituting or containing child pornography
Section 2252A of title 18, United States Code, is amended—
(1)
in subsection (a), by striking paragraph (7) and inserting the following:
(7)
knowingly produces child pornography, as defined in section 2256(8)(C), that—
(A)
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;
(B)
was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or
(C)
has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce,; and
(2)
in subsection (b)—
(A)
in paragraph (1), by striking or (6)
and inserting
(6), or (7)
; and
(B)
by striking paragraph (3).
Sec. 3. Enhancing enforcement with respect to obscene visual representations of child sexual abuse
(a) Removing the statute of limitations for obscene visual representations of child sexual abuse
Section 3299 of title 18, United States Code, is amended by inserting
1466A or
before 1591
.
(b) Including crimes of obscene visual representations of child sexual abuse in sex offender registration
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
.
(c) Prohibition on reproduction of obscene visual representations of child sexual abuse in discovery
Section 1466A of title 18, United States Code, is amended—
(1)
by redesignating subsection (f) as subsection (g); and
(2)
by inserting after subsection (e) the following:
(f) Prohibition on reproduction of obscene visual depictions of child sexual abuse
In any criminal proceeding brought under this section—
(1)
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
(2)
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).
(d) Presumption of detention for violations of section 1466A pending trial
Section 3142 of title 18, United States Code, is amended—
(1)
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
(2)
in subsection (e)(3), by striking subparagraph (E) and inserting the following:
(E)
an offense—
(i)
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
(ii)
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.
(e) Supervised release for violations of section 1466A after imprisonment
Section 3583(k) of title 18, United States Code, is amended, in the first
sentence, by inserting 1466A,
before 1591,
.