ENFORCE Act

This section would let the Act be cited as the Enhancing Necessary Federal Offenses Regarding Child Exploitation Act, or the ENFORCE Act.

This section would replace paragraph (7) of subsection (a) of section 2252A of title 18, United States Code, with a new offense. Under the new paragraph (7), a person would commit a federal crime by knowingly producing child pornography, as defined in section 2256(8)(C) of title 18, if any one of the following is also true: the person knows, or has reason to know, that the material will be mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or that it will otherwise be in or affecting interstate or foreign commerce; the material was produced using materials that had themselves been mailed, shipped, or transported in or affecting interstate or foreign commerce; or the material has already been mailed, shipped, or transported using any means or facility of interstate or foreign commerce, or is otherwise in or affecting interstate or foreign commerce. This section would also change the list of paragraphs cross-referenced in paragraph (1) of subsection (b) of section 2252A: where that list currently ends with the words 'or (6)', it would instead end with '(6), or (7)', adding the new paragraph (7) to whatever paragraphs that list already covers. The bill text given here does not include the rest of that list or say what applying under paragraph (1) of subsection (b) means, so the full scope of paragraph (1) cannot be stated beyond this addition. Separately, this section would remove paragraph (3) of subsection (b) of section 2252A entirely; the bill text given here does not include the substance of that paragraph, so what it required cannot be stated.

This section would make five changes involving section 1466A of title 18, United States Code, which covers obscene visual representations of the sexual abuse of children. (a) It would amend section 3299 of title 18, United States Code, removing the statute of limitations for offenses under section 1466A by adding a reference to section 1466A alongside the existing reference to section 1591 in that section's list, so that section 1466A offenses can be charged at any time, the same as section 1591 offenses already can be. (b) It would amend section 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5)(A)(iii)) by adding a reference to section 1466A alongside the existing reference to section 1591, so that offenses under section 1466A are included among the crimes covered by that Act's sex offender registration requirements. (c) It would amend section 1466A of title 18 by redesignating its existing subsection (f) as subsection (g), and inserting a new subsection (f) covering any criminal proceeding brought under section 1466A. Under the new subsection (f), any visual depiction involved in a violation of section 1466A must remain in the care, custody, and control of either the government or the court, in the same manner already specified for child pornography under paragraphs (1) and (2) of section 3509(m) of title 18; and any identifiable minor, as defined in section 2256(9) of title 18, who is depicted in such a visual depiction may have access to it in the same manner already specified for a victim depicted in child pornography under section 3509(m)(3) of title 18. (d) It would amend section 3142 of title 18, which governs release or detention of a defendant before trial. It would rewrite subparagraph (E) of subsection (e)(3) so that the presumption of detention for violations of section 1466A pending trial applies to an offense under section 1466A(a), alongside the offenses already listed there: offenses involving a minor victim under section 1201, 1591, 2241(a), 2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of title 18; and offenses under section 2241(c), 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2422(b), 2423, or 2425 of title 18. It would also update subsection (c)(1)(B) of section 3142 so that it points to this same updated list in subsection (e)(3)(E), instead of spelling out its own list of offenses. (e) It would amend section 3583(k) of title 18, in its first sentence, by adding a reference to section 1466A alongside the existing reference to section 1591, so that the supervised-release provision in subsection (k) applies to a violation of section 1466A after imprisonment in the same way it already applies to a violation of section 1591.