Congress 107 - HR 4623 - Child Obscenity and Pornography Prevention Act of 2002

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Topics

Administrative procedure Advertising Business records Child pornography Child safety Child sexual abuse Civil actions and liability Civil Rights and Liberties, Minority Issues Commerce Computer crimes Computer simulation Conspiracy Crime and Law Enforcement Criminal investigation Criminal justice information systems Criminal liability Data banks Electronic mail systems Evidence (Law) Families Foreign Trade and International Finance Government Operations and Politics Government paperwork Identification devices Imports Internet Internet service providers Interstate commerce Law Missing children Postal crimes Prosecution Recidivists Right of privacy Science, Technology, Communications Sentences (Criminal procedure) Sentencing guidelines Sex-oriented businesses State laws Subpoena Transportation and Public Works U.S. Sentencing Commission Witnesses

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Summary

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.

Actions

Oct 2, 2002

Committee on the Judiciary. Hearings held.
Jun 26, 2002

Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Jun 25, 2002

Motion to reconsider laid on the table Agreed to without objection.
Jun 25, 2002

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, 2002

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, 2002

Considered as unfinished business. (consideration: CR H3913)
Jun 25, 2002

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, 2002

DEBATE - The House proceeded with forty minutes of debate on H.R. 4623.
Jun 25, 2002

Considered under suspension of the rules. (consideration: CR H3876-3884)
Jun 25, 2002

Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Jun 24, 2002

Placed on the Union Calendar, Calendar No. 316.
Jun 24, 2002

Reported (Amended) by the Committee on Judiciary. H. Rept. 107-526.
Jun 19, 2002

Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 3.
Jun 19, 2002

Committee Consideration and Mark-up Session Held.
Jun 18, 2002

Committee Consideration and Mark-up Session Held.
May 9, 2002

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
May 9, 2002

Subcommittee Consideration and Mark-up Session Held.
May 9, 2002

Subcommittee Hearings Held.
May 2, 2002

Referred to the Subcommittee on Crime.
Apr 30, 2002

Referred to the House Committee on the Judiciary.
Apr 30, 2002

Introduced in House

Amendments

Related Bills