Bill Summary
This legislation, known as the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2023 (PROTECT Act), aims to establish stricter penalties for individuals found in possession of child pornography. This includes increasing the minimum sentencing for those convicted of child pornography offenses and allowing courts to consider all relevant facts when determining the appropriate punishment. The Act also removes certain restrictions on penalties for possession of child pornography, making it a more serious offense. Overall, the purpose of this legislation is to better protect children from exploitation and to provide harsher consequences for those who participate in the production and dissemination of child pornography.
Possible Impacts
1. If a person is found in possession of child pornography, they could face harsher penalties and longer sentencing as a result of this legislation. This could greatly affect their life and future opportunities.
2. The legislation could also lead to increased surveillance and monitoring of individuals suspected of possessing child pornography. This could infringe on their privacy and civil liberties.
3. The creation and distribution of child pornography could decrease due to the stricter penalties outlined in this legislation, potentially protecting children from exploitation and abuse.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 353 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 353
To establish appropriate penalties for possession of child pornography,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish appropriate penalties for possession of child pornography,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2023'' or the
``PROTECT Act of 2023''.
SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES.
(a) In General.--Section 3553(b)(2) of title 18, United States
Code, is amended by adding at the end the following:
``(B) Child pornography offenders.--
``(i) Definition.--In this subparagraph,
the term `child pornography offense' means a
violation of, or an attempt or conspiracy to
violate, section 2251, 2251A, 2252(a),
2252A(a), or 2260.
``(ii) Facts proven during trial or
admitted by the defendant.--Notwithstanding
subparagraph (A), in sentencing a defendant
convicted of a child pornography offense, a
court shall impose a sentence of the kind, and
that is not less than the minimum period in the
sentencing range, referred to in subsection
(a)(4), as determined based on facts proved
beyond a reasonable doubt during a jury or
bench trial and facts admitted by the defendant
that are relevant to determining the kind and
range of sentence, unless the court makes a
finding described in clause (i), (ii), or (iii)
of subparagraph (A).
``(iii) Facts found by courts.--
``(I) In general.--Notwithstanding
subparagraph (A), in sentencing a
defendant convicted of a child
pornography offense, a court shall
consider, and may impose, a sentence of
the kind, and within the sentencing
range, referred to in subsection
(a)(4), as determined based on all
facts found by the court that are
relevant to determining the kind and
range of sentence.
``(II) Minimum period.--Nothing in
subclause (I) shall authorize a court
to impose a sentence that is less
than--
``(aa) the minimum sentence
determined in accordance with
clause (ii); or
``(bb) the minimum sentence
otherwise required by
statute.''.
(b) Penalties for Possession.--Chapter 110 of title 18, United
States Code, is amended--
(1) in section 2252(b)--
(A) by striking ``(1) Whoever violates, or attempts
or conspires to violate, paragraph (1), (2), or (3) of
subsection (a)'' and inserting ``Whoever violates, or
attempts or conspires to violate, subsection (a)''; and
(B) by striking paragraph (2); and
(2) in section 2252A(b)--
(A) in paragraph (1), by inserting ``(5),'' after
``(4),'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
<all>