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Updated 01-2001:

Sexual Offense Laws Regarding Children:   http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaUSA.asp

 

NEW ~ October 1998
Protection of Children From Sexual Predators Act


" ... we are stating in no uncertain terms
that we have 'zero tolerance'
for the sexual exploitation of children."

Senator Orin Hatch



This information is extracted, edited, and paraphrased from reputable government publications.
The Web site manager is not responsible for the accuracy of information.

October 30, 1998: Signed by President.
Became Public Law No: 105-314.

POPULAR TITLES:
Child Protection bill
Sexual Predator Punishment bill
SHORT TITLES AS PASSED SENATE:
Protection of Children From Sexual Predators Act of 1998
OFFICIAL TITLE AS INTRODUCED:
A bill to amend title 18, United States Code,
with respect to violent sex crimes against children,
and for other purposes.

Link Here for full text (http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR03494:@@@L#summary)



Summary

Sections:
Title I:   Protection of Children From Predators
Title II:  Protection of Children From Child Pornography
Title III: Sexual Abuse Prevention
Title IV: Prohibition on Transfer of Obscene Material to Minors
Title V:  Increased Penalties for Offenses Against Children and For Repeat Offenders
Title VI: Criminal, Procedural, and Administrative Reforms
Title VII: Murder and Kidnapping Investigations
Title VIII:  Restricted Access to Interactive Computer Services
Title IX: Studies

Title I: Protection of Children From Predators - Amends the Federal criminal code to prohibit, and set penalties for, using the
mail or any facility or means of interstate or foreign commerce to knowingly initiate the transmission of the name, address,
telephone number, social security number, or electronic mail address of a person under age 16 with intent to entice, encourage,
offer, or solicit any person to engage in illegal sexual activity.

Title II: Protection of Children From Child Pornography - Provides for the prosecution of individuals for the production of
child pornography if the visual depiction was produced with materials that have been mailed, shipped, or transported in
interstate or foreign commerce, including by computer.

Title III: Sexual Abuse Prevention - Doubles the maximum term of imprisonment for abusive sexual contact with an individual
who has not attained age 12.

(Sec. 303) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex
offense conviction.

Title IV: Prohibition on Transfer of Obscene Material to Minors - Prohibits, and sets penalties for: (1) using the mail or any
facility or means of interstate or foreign commerce to knowingly transfer obscene matter to another individual known to be
under age 16; and (2) attempting to do so.

Title V: Increased Penalties for Offenses Against Children and For Repeat Offenders - Provides that any person convicted of
a Federal offense that is a serious violent felony or a violation constituting coercion or enticement to travel to engage in illegal
sexual activity, transportation with intent to engage in illegal sexual activity or in a sexual act with a juvenile, or sexual
exploitation of a child, shall, unless the death sentence is imposed, be sentenced to life imprisonment if the victim is under age
14 and dies as a result of the offense, provided the defendant, in the course of the offense, engaged in specified conduct for
which the death penalty would be imposed. Authorizes the court to impose any lesser sentence that is authorized by law to take
into account any substantial assistance provided by the defendant in the investigation or prosecution of another person who has
committed an offense, or for other good cause.

Title VI: Criminal, Procedural, and Administrative Reforms - Provides for pretrial detention of persons who commit specified
Federal sex offenses involving transportation of a minor for illegal sexual activity.

(Sec. 604) Requires electronic communication service and remote computing service providers (providers) to report as soon
as reasonably possible to law enforcement agencies designated by the Attorney General any knowledge of facts or
circumstances from which a violation of specified offenses involving child pornography is apparent. Sets fines for initial and
subsequent failures to make a required report.

(Sec. 605) Expands the number of sex crimes against minors for which the victim may seek a civil remedy for personal injuries.

Title VII: Murder and Kidnapping Investigations - Amends the Federal judicial code to authorize the Attorney General and
the Director of the Federal Bureau of Investigation (FBI) to investigate serial killings when requested by the head of a State or
local law enforcement agency.

(Sec. 702) Amends the Federal criminal code to specify that: (1) the kidnapping offense applies regardless of whether the
person was alive when transported across a State boundary if the person was alive when the transportation began; and (2) the
fact that a presumption that a person has been transported in interstate or foreign commerce has not yet taken effect because
24 hours haven't passed since the abduction does not preclude a Federal investigation of a possible kidnapping before the
24-hour period has ended.

Title VIII: Restricted Access to Interactive Computer Services - Prohibits any Federal agency, officer, or employee from
implementing or providing financial assistance to any Federal program or activity in which a Federal prisoner is allowed access
to any electronic communication or remote computing service without the supervision of a Government official.

Urges State Governors, legislators, and prison administrators to prohibit unsupervised access to the Internet by State prisoners.

Title IX: Studies - Directs the Attorney General to: (1) request that the National Academy of Sciences, acting through its
National Research Council, enter into a contract to study computer-based technologies and other approaches to the problem
of the availability of pornographic material to children on the Internet in order to develop possible amendments to Federal
criminal law and other law enforcement techniques to respond to the problem; and (2) study existing State programs for
informing the public about the presence of sexual predators released from prison and the feasibility of establishing a national
hotline for parents to access an FBI database that tracks the location of convicted sexual predators. Sets forth reporting
requirements.

Additional Sources of Research regardling SexLaws (VERY outdated):   http://www.sexystuff.org/laws/index.html

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