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Entrepreneur
Join Date: Oct 2002
Location: USA
Posts: 31,429
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** LEGAL NEWS ** Important New Title 18 Porn Law Changes
The House and Senate sent Bill S 151 for the President's siganture yesterday. The White House has stated President Bush will sign it. Here are porn and sex related law updates:
S.151
SEC. 108. MISLEADING DOMAIN NAMES ON THE INTERNET.
(a) IN GENERAL- Chapter 110 of title 18, United States Code, is amended by inserting after section 2252A the following:
`Sec. 2252B. Misleading domain names on the Internet
`(a) Whoever knowingly uses a misleading domain name with the intent to deceive a person into viewing obscenity on the Internet shall be fined under this title or imprisoned not more than 2 years, or both.
`(b) Whoever knowingly uses a misleading domain name with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both.
`(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as `sex' or `porn', is not misleading.
`(d) For the purposes of this section, the term `material that is harmful to minors' means any communication that--
`(1) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
`(2) dhahahahats, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
`(3) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the time relating to section 2252A the following new item:
`2252B. False or misleading domain names on the Internet.'.
TITLE V--ADDITIONAL PROVISIONS
SEC. 501. FINDINGS.
Congress finds the following:
(1) Obscenity and child pornography are not entitled to protection under the First Amendment under Miller v. California, 413 U.S. 15 (1973) (obscenity), or New York v. Ferber, 458 U.S. 747 (1982) (child pornography) and thus may be prohibited.
SEC. 105. PENALTIES AGAINST SEX TOURISM.
(a) IN GENERAL- Section 2423 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:
`(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT- A person who travels in interstate commerce or travels into the United States, or a United States citizen or an alien admitted for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
`(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN PLACES- Any United States citizen or alien admitted for permanent residence who travels in foreign commerce, and engages in any illicit sexual conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both.
`(d) ANCILLARY OFFENSES- Whoever arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the purpose of engaging in illicit sexual conduct shall be fined under this title, imprisoned not more than 30 years, or both.
`(e) ATTEMPT AND CONSPIRACY- Whoever attempts or conspires to violate subsection (a), (b), (c), or (d) shall be punishable in the same manner as a completed violation of that subsection.
`(f) DEFINITION- As used in this section, the term `illicit sexual conduct' means (1) a sexual act (as defined in section 2246) with a person that would be in violation of chapter 109A if the sexual act occurred in the special maritime and territorial jurisdiction of the United States; or (2) any commercial sex act (as defined in section 1591) with a person who has not attained the age of 18 years.
`(g) DEFENSE- In a prosecution under this section based on illicit sexual conduct as defined in subsection (f)(2), it is a defense, which the defendant must establish by a preponderance of the evidence, that the defendant reasonably believed that the person with whom the defendant engaged in the commercial sex act had attained the age of 18 years.'.
(b) CONFORMING AMENDMENT- Section 2423(a) of title 18, United States Code, is amended by striking `or attempts to do so,'.
SEC. 502. IMPROVEMENTS TO PROHIBITION ON VIRTUAL CHILD PORNOGRAPHY.
(a) Section 2256(8)(B) of title 18, United States Code, is amended to read as follows:
`(B) such visual dhahahahation is a digital image, computer image, or computer-generated image that is, or is indistinguishable (as defined in section 1466A) from, that of a minor engaging in sexually explicit conduct; or'.
(b) Section 2256(2) of title 18, United States Code, is amended to read as follows:
`(2)(A) Except as provided in subparagraph (B), `sexually explicit conduct' means actual or simulated--
`(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
`(ii) bestiality;
`(iii) masturbation;
`(iv) sadistic or masochistic abuse; or
`(v) lascivious exhibition of the genitals or pubic area of any person;
`(B) For purposes of subsection 8(B) of this section, `sexually explicit conduct' means--
`(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
`(ii) graphic or lascivious simulated;
`(I) bestiality;
`(II) masturbation; or
`(III) sadistic or masochistic abuse; or
`(iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;'.
(c) Section 2256 is amended--
(1) in paragraph 8(D), by striking `and' at the end;
(2) in paragraph (9), by striking the period at the end and inserting `; and'; and
(3) by inserting at the end the following new paragraph:
`(10) `graphic', when used with respect to a dhahahahation of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any dhahahahated person or animal during any part of the time that the sexually explicit conduct is being dhahahahated.'.
(d) Section 2252A(c) of title 18, United States Code, is amended to read as follows:
`(c)(1) Except as provided in paragraph (2), it shall be an affirmative defense to a charge of violating this section that the production of the alleged child pornography did not involve the use of a minor or an attempt or conspiracy to commit an offense under this section involving such use.
`(2) A violation of, or an attempt or conspiracy to violate, this section which involves child pornography as defined in section 2256(8)(A) or (C) shall be punishable without regard to the affirmative defense set forth in paragraph (1).'.
SEC. 512. RECORDKEEPING TO DEMONSTRATE MINORS WERE NOT USED IN PRODUCTION OF PORNOGRAPHY.
Not later than 1 year after enactment of this Act, the Attorney General shall submit to Congress a report detailing the number of times since January 1993 that the Department of Justice has inspected the records of any producer of materials regulated pursuant to section 2257 of title 18, United States Code, and section 75 of title 28 of the Code of Federal Regulations. The Attorney General shall indicate the number of violations prosecuted as a result of those inspections.
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