Child Obscenity and Pornography Prevention Act of 2002 — Informed

Bill107th CongressFiled Apr 30, 2002Crime and Law Enforcement

H.R. 4623

Child Obscenity and Pornography Prevention Act of 2002

Bill journey · stage 1 of 5

Just introduced

FiledFiled

CommitteeComm.

PassedFloor

Both ChambersBoth

Became LawLaw

What it doesSummary passed house amended (Jun 25, 2002)

Child Obscenity and Pornography Prevention Act of 2002 - Amends the Federal criminal code to prohibit: (1) making a visual depiction that is a computer image or computer-generated image of, or that is indistinguishable from an image of, a minor engaging in specified sexually explicit conduct; (2) offering, agreeing, attempting, or conspiring to provide, sell, receive, or purchase a visual depiction of a minor engaging in such conduct; (3) producing, distributing, receiving, or possessing with intent to distribute, or possessing a visual depiction that is, or is virtually indistinguishable from, that of a pre-pubescent child engaging in such conduct; (4) producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that, under specified circumstances, depicts a pre-pubescent child engaging in sexually explicit conduct and that is obscene; (5) showing a minor obscene material or child pornography; (6) providing obscene material, child pornography, or other material assistance to facilitate offenses against minors; or (7) employing or coercing a minor to engage in sexually explicit conduct outside of the United States for the purpose of producing a visual depiction of such conduct.

(Sec. 8) Provides enhanced penalties for recidivists with respect to child pornography, sexual abuse, and transportation for illegal sexual activity and related crimes.

(Sec. 9) Amends the Victims of Child Abuse Act of 1990 to authorize a provider of electronic communication or remote computing services that reasonably believes it has obtained knowledge of facts and circumstances indicating a violation of State criminal law regarding child pornography to disclose such information to an appropriate State or local law enforcement official. Authorizes the National Center for Missing and Exploited Children to forward to such an official any report of facts or circumstances indicating a violation of child pornography prohibitions by a provider of electronic communication service or remote computing services.

(Sec. 11) Amends code provisions regarding transactional information that may be obtained through an administrative subpoena issued with respect to the sexual exploitation or abuse of children, in order to be consistent with code provisions regarding required disclosure of customer communications or records.

What just happenedOct 2, 2002

Committee on the Judiciary. Hearings held.

Who’s behind it

Rep. Smith, Lamar [R-TX-21](R-TX)Sponsor

69 cosponsors17 D52 R

Read on Congress.gov

69cosponsors2committees23actions1related bills43subjects

Oct 2, 2002Committee
Committee on the Judiciary. Hearings held.
Judiciary Committee
Jun 26, 2002IntroReferral
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Judiciary Committee
Jun 25, 2002FloorH38310
Motion to reconsider laid on the table Agreed to without objection.
Jun 25, 2002FloorH37300
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 413 - 8, 1 Present (Roll no. 256). (text: CR H3876-3878)
Jun 25, 2002Floor8000
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 413 - 8, 1 Present (Roll no. 256).(text: CR H3876-3878)
Jun 25, 2002FloorH30000
Considered as unfinished business. (consideration: CR H3913)
Jun 25, 2002FloorH37220
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Jun 25, 2002FloorH8D000
DEBATE - The House proceeded with forty minutes of debate on H.R. 4623.
Jun 25, 2002FloorH30000
Considered under suspension of the rules. (consideration: CR H3876-3884)
Jun 25, 2002FloorH30300
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Jun 24, 2002CalendarsH12410
Placed on the Union Calendar, Calendar No. 316.
Jun 24, 2002CommitteeH12200
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-526.
Judiciary Committee
Jun 24, 2002Committee5000
Reported (Amended) by the Committee on Judiciary. H. Rept. 107-526.
Judiciary Committee
Jun 19, 2002CommitteeH19000
Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 3.
Judiciary Committee
Jun 19, 2002CommitteeH15000-B
Committee Consideration and Mark-up Session Held.
Judiciary Committee
Jun 18, 2002CommitteeH15000-B
Committee Consideration and Mark-up Session Held.
Judiciary Committee
May 9, 2002CommitteeH23000
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Crime and Federal Government Surveillance Subcommittee
May 9, 2002CommitteeH22000
Subcommittee Consideration and Mark-up Session Held.
Crime and Federal Government Surveillance Subcommittee
May 9, 2002CommitteeH21000
Subcommittee Hearings Held.
Crime and Federal Government Surveillance Subcommittee
May 2, 2002CommitteeH11000
Referred to the Subcommittee on Crime.
Crime and Federal Government Surveillance Subcommittee
Apr 30, 2002IntroReferralH11100
Referred to the House Committee on the Judiciary.
Judiciary Committee
Apr 30, 2002IntroReferralIntro-H
Introduced in House
Apr 30, 2002IntroReferral1000
Introduced in House

Passed House amendedJun 25, 200236

Child Obscenity and Pornography Prevention Act of 2002 - Amends the Federal criminal code to prohibit: (1) making a visual depiction that is a computer image or computer-generated image of, or that is indistinguishable from an image of, a minor engaging in specified sexually explicit conduct; (2) offering, agreeing, attempting, or conspiring to provide, sell, receive, or purchase a visual depiction of a minor engaging in such conduct; (3) producing, distributing, receiving, or possessing with intent to distribute, or possessing a visual depiction that is, or is virtually indistinguishable from, that of a pre-pubescent child engaging in such conduct; (4) producing, distributing, receiving, or possessing with intent to distribute a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that, under specified circumstances, depicts a pre-pubescent child engaging in sexually explicit conduct and that is obscene; (5) showing a minor obscene material or child pornography; (6) providing obscene material, child pornography, or other material assistance to facilitate offenses against minors; or (7) employing or coercing a minor to engage in sexually explicit conduct outside of the United States for the purpose of producing a visual depiction of such conduct.

(Sec. 8) Provides enhanced penalties for recidivists with respect to child pornography, sexual abuse, and transportation for illegal sexual activity and related crimes.

(Sec. 9) Amends the Victims of Child Abuse Act of 1990 to authorize a provider of electronic communication or remote computing services that reasonably believes it has obtained knowledge of facts and circumstances indicating a violation of State criminal law regarding child pornography to disclose such information to an appropriate State or local law enforcement official. Authorizes the National Center for Missing and Exploited Children to forward to such an official any report of facts or circumstances indicating a violation of child pornography prohibitions by a provider of electronic communication service or remote computing services.

(Sec. 11) Amends code provisions regarding transactional information that may be obtained through an administrative subpoena issued with respect to the sexual exploitation or abuse of children, in order to be consistent with code provisions regarding required disclosure of customer communications or records.

Introduced in HouseApr 30, 200200

Child Obscenity and Pornography Prevention Act of 2002 - Amends the Federal criminal code to prohibit: (1) making a visual depiction that is a computer image or computer-generated image of, or that appears virtually indistinguishable from an image of, a minor engaging in specified sexually explicit conduct; (2) offering, agreeing, attempting, or conspiring to provide, sell, receive, or purchase a visual depiction of a minor engaging in such conduct; (3) producing, distributing, receiving, or possessing with intent to distribute, or possessing a visual depiction that is, or is virtually indistinguishable from, that of a pre-pubescent child engaging in such conduct; (4) showing a minor obscene material or child pornography; (5) providing obscene material, child pornography, or other material assistance to facilitate offenses against minors; or (6) employing or coercing a minor to engage in sexually explicit conduct outside of the United States for the purpose of producing a visual depiction of such conduct.

Includes the prohibition on the use of materials to facilitate offenses against minors within the scope of enhanced penalties provisions.

Authorizes a provider of electronic communication or remote computing services that reasonably believes it has obtained knowledge of facts and circumstances indicating a violation of provisions regarding child pornography to report to the Cyber Tip Line at the National Center for Missing and Exploited Children, which shall forward that report to designated law enforcement agencies.

Directs the Attorney General to establish and supervise the development and operation of a comprehensive computerized database to facilitate the identification of child pornography produced with actual children and to facilitate the identification of perpetrators.