Text: H.R.1076 — 111th Congress (2009-2010)All Bill Information (Except Text)

There is one version of the bill.

Bill text available as:

Shown Here:
Introduced in House (02/13/2009)


111th CONGRESS
1st Session
H. R. 1076

To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES
February 13, 2009

Mr. Smith of Texas introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to protect youth from exploitation by adults using the Internet, 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 “Internet Stopping Adults Facilitating the Exploitation of Today’s Youth (SAFETY) Act of 2009”.

SEC. 2. Financial facilitation of access to child pornography.

(a) Offense.—Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

§ 1960A. Financial facilitation of access to child pornography

“Whoever knowingly conducts, or attempts or conspires to conduct, a financial transaction (as defined in section 1956(c)) in or affecting interstate or foreign commerce, knowing that such transaction will facilitate access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 20 years, or both.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:


“1960A. Financial facilitation of access to child pornography.”.

SEC. 3. Internet facilitation of child pornography and exploitation of children.

(a) Offense.—Chapter 95 of title 18, United States Code, is amended by adding at the end the following:

§ 1960B. Internet facilitation of child pornography and exploitation of children

“(a) Offense.—Whoever, being an Internet content hosting provider or email service provider, knowingly engages in any conduct the provider knows or has reason to believe facilitates access to, or the possession of, child pornography (as defined in section 2256) shall be fined under this title or imprisoned not more than 10 years, or both.

“(b) Definitions.—As used in this section—

“(1) the term ‘Internet content hosting provider’ means a service that—

“(A) stores, through electromagnetic or other means, electronic data, including the content of web pages, electronic mail, documents, images, audio and video files, online discussion boards, and weblogs; and

“(B) makes such data available via the Internet; and

“(2) the term ‘email service provider’ means a person that—

“(A) provides a service, using the Internet, for the transmission, receipt, storage, and retrieval, by registered users, of electronic mail messages; and

“(B) receives the content of, and recipient list for, electronic mail messages that it transmits, receives, or stores for the person or entity procuring such services.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by adding at the end the following new item:


“1960B. Internet facilitation of child pornography and exploitation of children.”.

SEC. 4. Money laundering predicate.

Section 1956(c)(7)(D) of title 18, United States Code, is amended—

(1) by inserting “1466A (relating to obscene visual representation of the abuse of children),” before “section 1708”;

(2) by inserting “1960A (relating to financial facilitation of access to child pornography), 1960B (relating to Internet facilitation of child pornography and exploitation of children),” before “section 2113”; and

(3) by inserting “2260A (relating to increased penalties for registered sex offenders),” before “section 2280”.

SEC. 5. Retention of records by electronic communication service providers.

Section 2703 of title 18, United States Code, is amended by adding at the end the following:

“(h) Retention of certain records and information.—A provider of an electronic communication service or remote computing service shall retain for a period of at least two years all records or other information pertaining to the identity of a user of a temporarily assigned network address the service assigns to that user.”.

SEC. 6. Increased penalties for sexual exploitation of children.

Section 2251(e) of title 18, United States Code, is amended—

(1) by striking “15 years nor more than 30 years” and inserting “20 years or for life”; and

(2) by striking “not less than 25 years nor more than 50 years,” and all that follows through “not less than 30 years nor more than life.” and inserting “life.”.

SEC. 7. Increased penalties for activities relating to material involving the sexual exploitation of children.

Section 2252(b) of title 18, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking “5 years and not more than 20 years” and inserting “15 years or for life”; and

(B) by striking “not less than 15 years nor more than 40 years.” and inserting “not less than 30 years or for life.”; and

(2) in paragraph (2)—

(A) by striking “or imprisoned not more than 10 years, or both” and inserting “and imprisoned for not less than 3 years nor more than 20 years”; and

(B) by striking “10 years nor more than 20 years.” and inserting “20 years or for life.”.

SEC. 8. Increased penalties for activities relating to material constituting or containing child pornography.

Section 2252A(b) of title 18, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking “5 years and not more than 20 years” and inserting “15 years or for life”; and

(B) by striking “not less than 15 years nor more than 40 years” and inserting “not less than 30 years or for life”; and

(2) in paragraph (2)—

(A) by striking “or imprisoned not more than 10 years, or both” and inserting “and imprisoned for not less than 3 years nor more than 20 years”; and

(B) by striking “10 years nor more than 20 years” and inserting “20 years or for life”.

SEC. 9. Additional RICO predicates.

Section 1961(1) of title 18, United States Code, is amended—

(1) by inserting “section 641 (relating to embezzlement or theft of public money, property, or records,” after “473 (relating to counterfeiting),”; and

(2) by inserting “section 666 (relating to theft or bribery concerning programs receiving Federal funds),” after “section 664 (relating to embezzlement from pension and welfare funds),”.

SEC. 10. Additional resources for the Innocent Images National Initiative.

(a) Authorization of appropriations.—There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out the Innocent Images National Initiative, $30,000,000 for each of the fiscal years 2010 through 2014.

(b) Availability.—Any amounts appropriated pursuant to subsection (a) shall remain available until expended.