Page:United States Statutes at Large Volume 112 Part 5.djvu/219

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PUBLIC LAW 105-314—OCT. 30, 1998 112 STAT. 2977 SEC. 105. INCLUSION OF OFFENSES RELATING TO CHILD PORNOG- RAPHY IN DEFINITION OF SEXUAL ACTIVITY FOR WHICH ANY PERSON CAN BE CHARGED WITH A CRIMINAL OFFENSE. (a) IN GENERAL.— Chapter 117 of title 18, United States Code, is amended by adding at the end the following: '^§2427. Inclusion of offenses relating to child pornography in definition of sexual activity for which any person can be charged with a criminal offense "In this chapter, the term 'sexual activity for which any person can be charged with a criminal offense' includes the production of child pornography, as defined in section 2256(8).". (b) TECHNICAL AND CONFORMING AMENDMENT. —The analysis for chapter 117 of title 18, United States Code, is amended by adding at the end the following: "2427. Inclusion of offenses relating to child pornography in definition of sexual activity for which any person can be charged with a criminal offense.". SEC. 106. TRANSPORTATION GENERALLY. Section 2421 of title 18, United States Code, is amended— (1) by inserting "or attempts to do so," before "shall be fined"; and (2) by striking "five years" and inserting "10 years". TITLE II—PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY SEC. 201. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION OF CHILD PORNOGRAPHY. (a) USE OF A CHILD. —Section 2251(a) of title 18, United States Code, is amended by inserting "if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer," before "or if. (b) ALLOWING USE OF A CHILD.— Section 2251(b) of title 18, United States Code, is amended by inserting ", if that visual depiction was produced using materials that have been mailed, shipped, or transported in interstate or foreign commerce by any means, including by computer," before "or if. (c) INCREASED PENALTIES IN SECTION 2251(d). —Section 2251(d) of title 18, United States Code, is amended by striking "or chapter 109A" each place it appears and inserting ", chapter 109A, or chapter 117". SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES. (a) INCREASED PENALTIES IN SECTION 2252. —Section 2252(b) of title 18, United States Code, is amended— (1) in each of paragraphs (1) and (2), by striking "or chapter 109A" and inserting ", chapter 109A, or chapter 117"; and (2) in paragraph (2), by striking "the possession of child pornography" and inserting "aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography".