H.R.4623 - Child Obscenity and Pornography Prevention Act of 2002107th Congress (2001-2002)
Summary: H.R.4623 — 107th Congress (2001-2002)
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.
Passed House amended (06/25/2002)
(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.