Text: H.R.6063 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-206 (12/07/2012)

 
[112th Congress Public Law 206]
[From the U.S. Government Printing Office]



[[Page 1489]]

                      CHILD PROTECTION ACT OF 2012

[[Page 126 STAT. 1490]]

Public Law 112-206
112th Congress

                                 An Act


 
To amend title 18, United States Code, with respect to child pornography 
 and child exploitation offenses. <<NOTE: Dec. 7, 2012 -  [H.R. 6063]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child Protection 
Act of 2012. 18 USC 1 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protection Act of 2012''.
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Certain Activities Relating to Material Involving the Sexual 
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States 
Code, is amended by inserting after ``but if'' the following: ``any 
visual depiction involved in the offense involved a prepubescent minor 
or a minor who had not attained 12 years of age, such person shall be 
fined under this title and imprisoned for not more than 20 years, or 
if''.
    (b) Certain Activities Relating to Material Constituting or 
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United 
States Code, is amended by inserting after ``but, if'' the following: 
``any image of child pornography involved in the offense involved a 
prepubescent minor or a minor who had not attained 12 years of age, such 
person shall be fined under this title and imprisoned for not more than 
20 years, or if''.
SEC. 3. PROTECTION OF CHILD WITNESSES.

    (a) Civil Action To Restrain Harassment of a Victim or Witness.--
Section 1514 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) by inserting ``or its own motion,'' after 
                      ``attorney for the Government,''; and
                          (ii) by inserting ``or investigation'' after 
                      ``Federal criminal case'' each place it appears;
                    (B) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2) <<NOTE: Courts. Protective order.>>  In the case of a 
        minor witness or victim, the court shall issue a protective 
        order prohibiting harassment or intimidation of the minor victim 
        or witness if the court finds evidence that the conduct at issue 
        is reasonably likely to adversely affect the willingness of the 
        minor witness or victim to testify

[[Page 126 STAT. 1491]]

        or otherwise participate in the Federal criminal case or 
        investigation. Any hearing regarding a protective order under 
        this paragraph shall be conducted in accordance with paragraphs 
        (1) and (3), except that the court may issue an ex parte 
        emergency protective order in advance of a hearing if exigent 
        circumstances are present. If 
        such <<NOTE: Hearings. Deadline.>>  an ex parte order is applied 
        for or issued, the court shall hold a hearing not later than 14 
        days after the date such order was applied for or is issued.'';
                    (D) in paragraph (4), as so redesignated, by 
                striking ``(and not by reference to the complaint or 
                other document)''; and
                    (E) in paragraph (5), as so redesignated, in the 
                second sentence, by inserting before the period at the 
                end the following: ``, except that in the case of a 
                minor victim or witness, the court may order that such 
                protective order expires on the later of 3 years after 
                the date of issuance or the date of the eighteenth 
                birthday of that minor victim or witness''; and
            (2) by striking subsection (c) and inserting the following:

    ``(c) <<NOTE: Penalties.>>  Whoever knowingly and intentionally 
violates or attempts to violate an order issued under this section shall 
be fined under this title, imprisoned not more than 5 years, or both.

    ``(d)(1) <<NOTE: Definitions.>>  As used in this section--
            ``(A) the term `course of conduct' means a series of acts 
        over a period of time, however short, indicating a continuity of 
        purpose;
            ``(B) the term `harassment' means a serious act or course of 
        conduct directed at a specific person that--
                    ``(i) causes substantial emotional distress in such 
                person; and
                    ``(ii) serves no legitimate purpose;
            ``(C) the term `immediate family member' has the meaning 
        given that term in section 115 and includes grandchildren;
            ``(D) the term `intimidation' means a serious act or course 
        of conduct directed at a specific person that--
                    ``(i) causes fear or apprehension in such person; 
                and
                    ``(ii) serves no legitimate purpose;
            ``(E) the term `restricted personal information' has the 
        meaning give that term in section 119;
            ``(F) the term `serious act' means a single act of 
        threatening, retaliatory, harassing, or violent conduct that is 
        reasonably likely to influence the willingness of a victim or 
        witness to testify or participate in a Federal criminal case or 
        investigation; and
            ``(G) the term `specific person' means a victim or witness 
        in a Federal criminal case or investigation, and includes an 
        immediate family member of such a victim or witness.

    ``(2) <<NOTE: Courts.>>  For purposes of subparagraphs (B)(ii) and 
(D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by 
the person, that the distribution or publication using the Internet of a 
photograph of, or restricted personal information regarding, a specific 
person serves no legitimate purpose, unless that use is authorized by 
that specific person, is for news reporting purposes, is designed to 
locate that specific person (who has been reported to law enforcement as 
a missing person), or is part of a government-authorized effort to 
locate a fugitive or person of interest in a criminal, antiterrorism, or 
national security investigation.''.

[[Page 126 STAT. 1492]]

    (b) Sentencing Guidelines.--Pursuant <<NOTE: Review. 28 USC 994 
note.>>  to its authority under section 994 of title 28, United States 
Code, and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend the Federal 
sentencing guidelines and policy statements to ensure--
            (1) that the guidelines provide an additional penalty 
        increase above the sentence otherwise applicable in Part J of 
        Chapter 2 of the Guidelines Manual if the defendant was 
        convicted of a violation of section 1591 of title 18, United 
        States Code, or chapters 109A, 109B, 110, or 117 of title 18, 
        United States Code; and
            (2) if the offense described in paragraph (1) involved 
        causing or threatening to cause physical injury to a person 
        under 18 years of age, in order to obstruct the administration 
        of justice, an additional penalty increase above the sentence 
        otherwise applicable in Part J of Chapter 2 of the Guidelines 
        Manual.
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX 
                    OFFENDERS.

    (a) Administrative Subpoenas.--
            (1) In general.--Section 3486(a)(1) of title 18, United 
        States Code, is amended--
                    (A) in subparagraph (A)--
                          (i) in clause (i), by striking ``or'' at the 
                      end;
                          (ii) by redesignating clause (ii) as clause 
                      (iii); and
                          (iii) by inserting after clause (i) the 
                      following:
            ``(ii) an unregistered sex offender conducted by the United 
        States Marshals Service, the Director of the United States 
        Marshals Service; or''; and
                    (B) in subparagraph (D)--
                          (i) by striking ``paragraph, the term'' and 
                      inserting the following: ``paragraph--
            ``(i) the term'';
                          (ii) by striking the period at the end and 
                      inserting ``; and''; and
                          (iii) by adding at the end the following:
            ``(ii) the term `sex offender' means an individual required 
        to register under the Sex Offender Registration and Notification 
        Act (42 U.S.C. 16901 et seq.).''.
            (2) Technical and conforming amendments.--Section 3486(a) of 
        title 18, United States Code, is amended--
                    (A) in paragraph (6)(A), by striking ``United 
                State'' and inserting ``United States'';
                    (B) in paragraph (9), by striking ``(1)(A)(ii)'' and 
                inserting ``(1)(A)(iii)''; and
                    (C) in paragraph (10), by striking ``paragraph 
                (1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.

    (b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United 
States Code, is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) issue administrative subpoenas in accordance with 
        section 3486 of title 18, solely for the purpose of 
        investigating unregistered sex offenders (as defined in such 
        section 3486).''.

[[Page 126 STAT. 1493]]

SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR 
                    ICAC TASK FORCES.

    Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42 
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and 
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND 
                    INTERDICTION.

    Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42 U.S.C. 
17611(d)(1)) is amended--
            (1) by striking ``to be responsible'' and inserting the 
        following: ``with experience in investigating or prosecuting 
        child exploitation cases as the National Coordinator for Child 
        Exploitation Prevention and Interdiction who shall be 
        responsible''; and
            (2) by adding at the end the following: ``The National 
        Coordinator for Child Exploitation Prevention and Interdiction 
        shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.

    Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C. 
17617(a)) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period at the end; and
            (3) by inserting after paragraph (5) the following:
            ``(6) $60,000,000 for fiscal year 2014;
            ``(7) $60,000,000 for fiscal year 2015;
            ``(8) $60,000,000 for fiscal year 2016;
            ``(9) $60,000,000 for fiscal year 2017; and
            ``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.

    Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42 
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all 
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.

    Not later than 90 days after the date of enactment of this Act, the 
Attorney General shall submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate a report on the status of the Attorney General's establishment of 
the National Internet Crimes Against

[[Page 126 STAT. 1494]]

Children Data System required to be established under section 105 of the 
PROTECT Our Children Act of 2008 (42 U.S.C. 17615).

    Approved December 7, 2012.

LEGISLATIVE HISTORY--H.R. 6063:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-638 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            July 31, Aug. 1, considered and passed House.
            Nov. 26, considered and passed Senate.

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