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SEC. 3. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.
Section 2257 of title 18 of the United States Code is amended--
(1) in subsection (a)(l), by striking `actual';
(2) in subsection (b), by striking `actual';
(3) in subsection (f)(4)(A), by striking `actual';
(4) by amending paragraph (1) of subsection (h) to read as follows:
`(1) the term `sexually explicit conduct' has the meaning set forth in subparagraphs (A)(i) through (v) of paragraph (2) of section 2256 of this title;';
(5) in subsection (h)(4), by striking `actual.';
(6) in subsection (f)--
(A) at the end of paragraph (3), by striking `and';
(B) at the end of paragraph (4)(B), by striking the period and inserting `; and'; and
(C) by inserting after paragraph (4)(B) the following new paragraph:
`(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her delegee to conduct an inspection under subsection (c).'.
(7) in subsection (h)(3), by striking `to produce, manufacture, or publish any book, magazine, periodical, film, video tape, computer generated image, digital image, or picture, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity which does not involve hiring, contracting for managing or otherwise arranging for the participation of the performers depicted' and inserting `actually filming, videotaping, photographing; creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; or digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or, inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct';
(8) in subsection (a), by inserting after `videotape,' the following: `digital image, digitally- or computer-manipulated image of an actual human being, or picture,'; and
(9) in subsection (f)(4), by inserting after `video' the following: `digital image, digitally- or computer-manipulated image of an actual human being, or picture,'.
SEC. 4. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS EVIDENCE IN PROSECUTIONS.
Section 3509 of title 18, United States Code, is amended by adding at the end the following:
`(m) Prohibition on Reproduction of Child Pornography-
`(1) In any criminal proceeding, any property or material that constitutes child pornography (as defined by section 2256 of this title) must remain in the care, custody, and control of either the Government or the court.
`(2)(A) Notwithstanding rule 16 of the Federal Rules of Criminal Procedure, a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography (as defined by section 2256 of this title), so long as the Government makes the property or material reasonably available to the defendant.
`(B) For the purposes of subparagraph (A), property or material shall be deemed to be reasonably available to the defendant if the Government provides ample opportunity for inspection, viewing, and examination at a Government facility of the property or material by the defendant, his or her attorney, aid any individual the defendant may seek to qualify to furnish expert testimony at trial.'.
SEC. 5. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD EXPLOITATION AND OBSCENITY CASES.
(a) Conforming Forfeiture Procedures for Obscenity Offenses- Section 1467 of title 18, United States Code, is amended--
(1) in subsection (a)(3), by inserting a period after `of such offense' and striking all that follows; and
(2) by striking subsections (b) through (n) and inserting the following:
`(b) The provisions of section 413 of the Controlled Substance Act (21 U.S.C. 853) with the exception of subsection (d), shall apply to the criminal forfeiture of property pursuant to subsection (a).
`(c) Any property subject to forfeiture pursuant to subjection (a) may be forfeited to the United States in a civil case in accordance with the procedures set forth in chapter 46 of this title.'.
(b) Amendments to Child Exploitation Forfeiture Provisions-
(1) CRIMINAL FORFEITURE- Section 2253(a) of title 18, United States Code, is amended--
(A) in the matter preceding paragraph (1) by--
(i) inserting `or who is convicted of an offense under sections 2252B or 2257 of this chapter,' after `2260 of this chapter';
(ii) inserting `, or 2425' after `2423' and striking `or' before `2423'; and
(iii) inserting `or an offense under chapter 109A' after `of chapter 117'; and
(B) in paragraph (I), by inserting `, 2252A, 2252B or 2257' after `2252'.
(2) CIVIL FORFEITURE- Section 2254(a) of title 18, United States Code, is amended--
(A) in paragraph (1), by inserting `, 2252A, 2252B, or 2257' after `2252';
(B) in paragraph (2)--
(i) by striking `or' and inserting `of' before `chapter 117';
(ii) by inserting `, or an offense under section 2252B or 2257 of this chapter,' after `Chapter 117,' and
(iii) by inserting `, or an offense under chapter 109A' before the period; and
(C) in paragraph (3) by--
(i) inserting `, or 2425' after `2423' and striking `or' before `2423'; and
(ii) inserting `, a violation of section 2252B or 2257 of this chapter, or a violation of chapter 109A' before the period.
(c) Amendments to RICO- Section 1961(1)(B) of title 18, United States Code, is amended by inserting `2252A, 2252B,' after `2252'.
SEC. 6. ENHANCING ADMINISTRATIVE SUBPOENA POWER TO COVER OBSCENITY.
Section 3486(a)(l) of title 18, United States Code, is amended--
(1) in subparagraph (A)(i), by striking `children,' and inserting `children; or (III) a Federal offense involving the distribution of obscenity,'; and
(2) by inserting after subparagraph (D) the following:
`(E) As used in this paragraph, the term `Federal offense involving the distribution of obscenity' means an offense under section 1460, 1461, 1462, 1465, 1466, 1468, or 1470.'.
SEC. 7. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS TRANSPORTATION, DISTRIBUTION, AND SALE.
(a) Section 1465- Section 1465 of title 18 of the United States Code is amended--
(1) by inserting `Production and' before `Transportation' in the heading of the section;
(2) by inserting `produces with the intent to transport, distribute, or transmit in interstate or foreign commerce, or whoever knowingly' after `whoever knowingly' and before `transports or travels in'; and
(3) by inserting a comma after `in or affecting such commerce'.
(b) Section 1466- Section 1466 of title 18 of the United States Code is amended--
(1) in subsection (a), by inserting `producing with intent to distribute or sell, or' before `selling or transferring obscene matter,';
(2) in subsection (b), by inserting, `produces' before `sells or transfers or offers to sell or transfer obscene matter'; and
(3) in subsection (b) by inserting `production,' before `selling or transferring or offering to sell or transfer such material.'.
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