S3021-119

1. Short title This Act may be cited as the Enhancing Necessary Federal Offenses Regarding Child Exploitation Act or the ENFORCE Act.

2. Clarifying production with respect to material constituting or containing child pornography Section 2252A of title 18, United States Code, is amended— in subsection (a), by striking paragraph (7) and inserting the following: knowingly produces child pornography, as defined in section 2256(8)(C), that— 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; was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce, in subsection (b)— in paragraph (1), by striking or (6) and inserting (6), or (7); and by striking paragraph (3). (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

3. Enhancing enforcement with respect to obscene visual representations of child sexual abuse Section 3299 of title 18, United States Code, is amended by inserting 1466A or before 1591. 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. Section 1466A of title 18, United States Code, is amended— by redesignating subsection (f) as subsection (g); and by inserting after subsection (e) the following: In any criminal proceeding brought under this section— 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 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). Section 3142 of title 18, United States Code, is amended— 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 in subsection (e)(3), by striking subparagraph (E) and inserting the following: an offense— 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 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. Section 3583(k) of title 18, United States Code, is amended, in the first sentence, by inserting 1466A, before 1591,. (f)Prohibition on reproduction of obscene visual depictions of child sexual abuseIn 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).. (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..