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Protection of Children From Sexual Predators Act of 1998
- Title I: Protection of Children From Predators - Amends the Federal criminal code to prohibit, and set penalties for, using the mail or any facility or means of interstate or foreign commerce to knowingly initiate the transmission of the name, address, telephone number, social security number, or electronic mail address of a person under age 16 with intent to entice, encourage, offer, or solicit any person to engage in illegal sexual activity.
- (Sec. 102) Increases penalties for: (1) coercing or enticing an individual to travel in interstate or foreign commerce to engage in prostitution or criminal sexual activity (and applies such penalties to attempting to do so); and (2) using any means of interstate or foreign commerce to coerce or entice any individual under age 18 to engage in such activity.
- (Sec. 103) Increases penalties for: (1) transportation of minors with intent to engage in illegal sexual activity (and applies such penalties to attempting to do so); and (2) travel with intent to engage in a sexual act with a juvenile.
- (Sec. 104) Doubles the maximum term of imprisonment for a violation of provisions regarding transportation of a minor for illegal sexual activity after a prior sex offense conviction.
- (Sec. 105) Includes the production of child pornography within the definition of "sexual activity for which any person can be charged with a criminal offense."
- (Sec. 106) Modifies the general prohibition against transportation for illegal sexual activity and related crimes to increase penalties and to apply such penalties to attempting such transportation.
- Title II: Protection of Children From Child Pornography - Provides for the prosecution of individuals for the production of child pornography if the visual depiction was produced with materials that have been mailed, shipped, or transported in interstate or foreign commerce, including by computer.
Increases penalties for distribution of child pornography or sexual exploitation of children after a previous conviction of transporting another person for illegal sexual activity and related crimes.
- (Sec. 203) Applies code provisions prohibiting knowingly possessing material containing the visual depiction of a minor engaging in sexually explicit conduct to the possession of one or more (currently, three or more) items of such material. Applies provisions prohibiting knowingly possessing child pornography to material containing an image (currently, three or more images) of child pornography. Makes it an affirmative defense to a charge of violating such prohibitions that the defendant: (1) possessed less than three such items or images; and (2) promptly and in good faith, without retaining or allowing any person other than a law enforcement agency to access any such visual depiction or image, took reasonable steps to destroy it or reported the matter to a law enforcement agency and afforded that agency access to each such depiction or image.
- Title III: Sexual Abuse Prevention - Doubles the maximum term of imprisonment for abusive sexual contact with an individual who has not attained age 12.
- (Sec. 303) Replaces repeat offender provisions with a provision doubling the maximum term of imprisonment after a prior sex offense conviction.
- Title IV: Prohibition on Transfer of Obscene Material to Minors - Prohibits, and sets penalties for: (1) using the mail or any facility or means of interstate or foreign commerce to knowingly transfer obscene matter to another individual known to be under age 16; and (2) attempting to do so.
- Title V: Increased Penalties for Offenses Against Children and For Repeat Offenders - Provides that any person convicted of a Federal offense that is a serious violent felony or a violation constituting coercion or enticement to travel to engage in illegal sexual activity, transportation with intent to engage in illegal sexual activity or in a sexual act with a juvenile, or sexual exploitation of a child, shall, unless the death sentence is imposed, be sentenced to life imprisonment if the victim is under age 14 and dies as a result of the offense, provided the defendant, in the course of the offense, engaged in specified conduct for which the death penalty would be imposed. Authorizes the court to impose any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in the investigation or prosecution of another person who has committed an offense, or for other good cause.
- (Sec. 502) Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines to provide a sentencing enhancement for: (1) offenses involving transportation of minors for illegal sexual activity and related crimes; (2) use of a computer with the intent to entice, coerce, or facilitate the transport of a child to engage in prohibited sexual activity; (3) knowing misrepresentation with the intent to entice, coerce, or facilitate the transport of a child to engage in prohibited sexual activity; and (4) a pattern of activity of sexual exploitation of a minor.
- (Sec. 506) Directs the Commission to: (1) review the guidelines relating to the distribution of pornography and the abuse of children; and (2) promulgate any necessary amendments to clarify that the term "distribution of pornography" applies to such distribution for monetary remuneration or for a non pecuniary interest.
- (Sec. 507) Directs the Commission, in carrying out this title, to: (1) ensure reasonable consistency with other guidelines; and (2) avoid duplicative punishment for substantially the same offense.
- Title VI: Criminal, Procedural, and Administrative Reforms - Provides for pretrial detention of persons who commit specified Federal sex offenses involving transportation of a minor for illegal sexual activity.
- (Sec. 602) Provides for criminal and civil forfeiture for specified offenses against minors.
- (Sec. 604) Requires electronic communication service and remote computing service providers (providers) to report as soon as reasonably possible to law enforcement agencies designated by the Attorney General any knowledge of facts or circumstances from which a violation of specified offenses involving child pornography is apparent. Sets fines for initial and subsequent failures to make a required report.
Specifies that: (1) no provider or user of such a service shall be held liable for any action taken in good faith to comply with this section; (2) a report under this section may include information or material developed by such a service, but the Federal Government may not require the production of such information or material in that report; and (3) nothing in this section may be construed to require a provider to monitor any user, subscriber, or customer, or the content of any communication of any such person.
Sets forth conditions for and an exception to disclosure of information contained within reports.
- (Sec. 605) Expands the number of sex crimes against minors for which the victim may seek a civil remedy for personal injuries.
- (Sec. 606) Authorizes the Attorney General, in any investigation of alleged violations of provisions regarding child abuse and child sexual exploitation, to issue in writing and cause to be served a subpoena requiring: (1) a provider to disclose the name, address, local and long distance telephone toll billing record, telephone number or other subscriber number or identity, and length of service of a subscriber to or customer of such service and the types of services the subscriber utilized which may be relevant to an authorized law enforcement inquiry; or (2) a custodian of records to give testimony concerning the production and authentication of such records or information.
Sets forth provisions regarding payment of witness fees and applicable procedures for service and enforcement.
- (Sec. 607) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to require the Director of the Bureau of Justice Assistance to carry out a Sex Offender Management Assistance Program (SOMA program) under which the Director shall award a grant to each eligible State to offset costs directly associated with complying with sexually violent offender registration requirements.
Requires each grant awarded to be: (1) distributed directly to the State for distribution to State and local entities; and (2) used for training, salaries, equipment, materials, and other costs directly associated with such compliance.
Sets forth eligibility requirements. Authorizes appropriations.
Requires the Director to: (1) promulgate regulations; (2) study the feasibility of incorporating into the SOMA program certain training programs or technical assistance; and (3) conduct a study to assess the efficacy of the program and submit recommendations to the Congress.
- Title VII: Murder and Kidnapping Investigations - Amends the Federal judicial code to authorize the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to investigate serial killings when requested by the head of a State or local law enforcement agency.
- (Sec. 702) Amends the Federal criminal code to specify that: (1) the kidnapping offense applies regardless of whether the person was alive when transported across a State boundary if the person was alive when the transportation began; and (2) the fact that a presumption that a person has been transported in interstate or foreign commerce has not yet taken effect because 24 hours haven't passed since the abduction does not preclude a Federal investigation of a possible kidnapping before the 24-hour period has ended.
- (Sec. 703) Directs the Attorney General to establish within the FBI the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center to provide investigative support to assist Federal, State, and local authorities in matters involving child abductions, mysterious disappearance of children, child homicide, and serial murder across the country. Sets forth reporting requirements. Authorizes appropriations.
Repeals VCCLEA provisions establishing a Missing and Exploited Children's Task Force.
- Title VIII: Restricted Access to Interactive Computer Services - Prohibits any Federal agency, officer, or employee from implementing or providing financial assistance to any Federal program or activity in which a Federal prisoner is allowed access to any electronic communication or remote computing service without the supervision of a Government official.
Urges State Governors, legislators, and prison administrators to prohibit unsupervised access to the Internet by State prisoners.
- (Sec. 803) Directs the Attorney General to conduct, and report to the Congress on, a survey of the States to determine to what extent each State (including the District of Columbia) allows prisoners access to any interactive computer service and whether such access is supervised by a prison official.
- Title IX: Studies - Directs the Attorney General to: (1) request that the National Academy of Sciences, acting through its National Research Council, enter into a contract to study computer-based technologies and other approaches to the problem of the availability of pornographic material to children on the Internet in order to develop possible amendments to Federal criminal law and other law enforcement techniques to respond to the problem; and (2) study existing State programs for informing the public about the presence of sexual predators released from prison and the feasibility of establishing a national hotline for parents to access an FBI database that tracks the location of convicted sexual predators. Sets forth reporting requirements.
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National AMBER Alert Network Act of 2003
Summary
(Sec. 2) Requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. Requires the coordinator to: (1) seek to eliminate gaps in the network; (2) work with States to encourage the development of additional network elements and to ensure regional coordination; and (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network. Directs the Coordinator to notify and consult with the Federal Bureau of Investigation concerning each child abduction for which an AMBER Alert is issued.
(Sec. 3) Directs the Coordinator to establish minimum standards for the issuance of alerts and for the extent of their dissemination (limited to the geographic areas most likely to facilitate the recovery of the abducted child). Provides that the standards shall be adoptable on a voluntary basis only.
Requires the Coordinator to cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out such activities.
(Sec. 4) Requires the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. Includes among permissible activities the development or enhancement of electronic message boards, and the placement of additional signage, along highways. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations.
(Sec. 5) Directs the Attorney General to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans, which may include the development and implementation of: (1) education and training programs and associated materials; and (2) law enforcement programs and associated equipment. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations.
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Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003
Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act) - (Sec. 3) Amends Federal criminal code provisions regarding child pornography to prohibit: (1) advertising, promoting, distributing, or soliciting in interstate or foreign commerce any material in a manner that reflects the belief or that is intended to cause another to believe that it contains an obscene visual depiction of a minor, or a visual depiction of an actual minor, engaging in sexually explicit conduct; or (2) knowingly offering or providing to a minor any such visual depiction to induce such minor to participate in any illegal activity. Revises provisions governing what constitutes an affirmative defense to: (1) include that the alleged child pornography was not produced using any actual minors; (2) eliminate that the defendant did not promote the material in such a manner as to convey the impression that it is or contains a visual depiction of a minor engaging in sexually explicit conduct; and (3) prohibit a defendant from asserting such defense unless specified notice is provided to the court and the United States prior to commencement of the trial.
(Sec. 4) Makes certain information identifying minors depicted in child pornography, other than age, inadmissible and subject to redaction from any otherwise admissible evidence in any prosecution of such an act.
(Sec. 5) Modifies the definition of: (1) "minor" to provide that it shall not be construed to require proof of the actual identity of the person under age 18; (2) "sexually explicit conduct " to include actual or lascivious simulated sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, or exhibition of the genitals or pubic area of any person; (3) "child pornography" to include the production of any visual depiction of sexually explicit conduct that involves the use of an identifiable minor; and (4) "identifiable minor" to include a computer generated image that is of or is virtually indistinguishable from that of an actual minor and that depicts sexually explicit conduct.
(Sec. 6) Sets penalties for knowingly producing, distributing, receiving, or possessing an obscene visual representation of the sexual abuse of children. Includes a visual depiction of any kind (including a drawing, cartoon, sculpture, or painting) that: (1) depicts a minor engaging in sexually explicit conduct and that is obscene; or (2) depicts an image that is or appears to be of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, and that lacks serious literary, artistic, political, or scientific value. States explicitly that it is not a required element of the offense that the minor depicted actually exist, but requires that specified circumstances exist (such as that any communication involved in or made in furtherance of the offense is communicated or transported in interstate or foreign commerce by any means, including by computer). Makes it an affirmative defense that the defendant: (1) possessed fewer than three such visual depictions; and (2) promptly and in good faith, and without retaining or allowing any person (other than a law enforcement agency) to access any such depiction, took reasonable steps to destroy each depiction or reported the matter to a law enforcement agency and afforded that agency access to each depiction. Specifies applicable sentencing guidelines.
(Sec. 7) Revises record-keeping requirements to: (1) include digital images of visual depictions; and (2) increase penalties for violations.
(Sec. 8) Amends the Victims of Child Abuse Act of 1990 to authorize disclosure of child pornography by an electronic communication service provider to State officials for purposes of enforcing State law.
(Sec. 9) Amends the Federal criminal code to include as an exception to the prohibition against the disclosure of the contents of a communication by an electronic communication service disclosures to the National Center for Missing and Exploited Children in connection with a report submitted under the Victims of Child Abuse Act.
(Sec. 10) Sets penalties for using or inducing a minor to engage in sexually explicit conduct outside of the United States to produce any visual depiction of such conduct for transportation to the United States.
(Sec. 11) Authorizes civil remedies, including injunctive relief and punitive damages, for child pornography offenses.
(Sec. 12) Makes persons previously convicted of obscenity eligible for enhanced recidivist penalties for sexual child exploitation.
(Sec. 13) Directs the U.S. Sentencing Commission to review and, as appropriate, amend the Federal sentencing guidelines to ensure that guideline penalties are adequate to deter and punish conduct that involves: (1) interstate travel with the intent to engage in a sexual act with a juvenile; and (2) promoting material believed to contain obscene visual depictions of a minor engaging in sexually explicit conduct.
(Sec. 14) Directs the Attorney General to appoint 25 additional trial attorneys for investigation and prosecution of Federal child pornography laws. Authorizes appropriations. Requires the Attorney General to report biennially to specified congressional officials on Federal enforcement actions, including an outcome-based measure of performance and an analysis of the technology being used by the child pornography industry.
(Sec. 15) Authorizes the interception of wire, oral, or electronic communications in the investigation of specified sex crimes against children.
(Sec. 16) Modifies provisions regarding administrative subpoenas relating to child pornography to expand the matter required by an electronic communication or remote computing service to be disclosed to a governmental entity to include the means and source of payment for such service, including any credit card or bank account number.
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Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program Act of 1994
- In general
- State guidelines
The Attorney General shall establish guidelines for State programs that require -
- a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense to register a current address for the time period specified in subparagraph (A) of subsection (b)(6) of this section; and
- a person who is a sexually violent predator to register a current address unless such requirement is terminated under subparagraph (B) of subsection (b)(6) of this section.
- Determination of sexually violent predator status; waiver; alternative measures
- In general
A determination of whether a person is a sexually violent predator for purposes of this section shall be made by a court after considering the recommendation of a board composed of experts in the behavior and treatment of sex offenders, victims' rights advocates, and representatives of law enforcement agencies.
- Waiver
The Attorney General may waive the requirements of subparagraph (A) if the Attorney General determines that the State has established alternative procedures or legal standards for designating a person as a sexually violent predator.
- Alternative measures
The Attorney General may also approve alternative measures of comparable or greater effectiveness in protecting the public from unusually dangerous or recidivistic sexual offenders in lieu of the specific measures set forth in this section regarding sexually violent predators.
- Definitions
For purposes of this section:
- The term ''criminal offense against a victim who is a minor'' means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the following range of offenses:
- kidnapping of a minor, except by a parent;
- false imprisonment of a minor, except by a parent;
- criminal sexual conduct toward a minor;
- solicitation of a minor to engage in sexual conduct;
- use of a minor in a sexual performance;
- solicitation of a minor to practice prostitution;
- any conduct that by its nature is a sexual offense
against a minor; or
- an attempt to commit an offense described in any of clauses (1) through (7), if the State -
- makes such an attempt a criminal offense; and
- chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section.
The term ''sexually violent offense'' means any criminal offense in a range of offenses specified by State law which is comparable to or which exceeds the range of offenses encompassed by aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18 or as described in the State criminal code) or an offense that has as its elements engaging in physical contact with another person with intent to commit aggravated sexual abuse or sexual abuse (as described in such sections of title 18 or as described in the State criminal code).
- The term ''sexually violent predator'' means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
- The term ''mental abnormality'' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
- The term ''predatory'' means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization.
- The term ''employed, carries on a vocation'' includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
- The term ''student'' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education.
- Registration requirement upon release, parole, supervised release, or probation
An approved State registration program established under this section shall contain the following elements:
- Duties of responsible officials
- If a person who is required to register under this section is released from prison, or placed on parole, supervised release, or probation, a State prison officer, the court, or another responsible officer or official, shall -
- inform the person of the duty to register and obtain the information required for such registration;
- inform the person that if the person changes residence address, the person shall report the change of address as provided by State law;
- inform the person that if the person changes residence to another State, the person shall report the change of address as provided by State law and comply with any registration requirement in the new State of residence, and inform the person that the person must also register in a State where the person is employed, carries on a vocation, or is a student;
- obtain fingerprints and a photograph of the person if these have not already been obtained in connection with the offense that triggers registration; and
- require the person to read and sign a form stating that the duty of the person to register under this section has been explained.
- In addition to the requirements of subparagraph (A), for a person required to register under subparagraph (B) of subsection (a)(1) of this section, the State prison officer, the court, or another responsible officer or official, as the case may be, shall obtain the name of the person, identifying factors,
anticipated future residence, offense history, and documentation of any treatment received for the mental abnormality or personality disorder of the person.
- Transfer of information to State and FBI; participation in national sex offender registry
- State reporting
State procedures shall ensure that the registration information is promptly made available to a law enforcement agency having jurisdiction where the person expects to reside and entered into the appropriate State records or data system. State procedures shall also ensure that conviction data and fingerprints for persons required to register are promptly transmitted to the Federal Bureau of Investigation.
- National reporting
A State shall participate in the national database established under section 14072(b) of this title in accordance with guidelines issued by the Attorney General, including transmission of current address information and other information on registrants to the extent provided by the guidelines.
- Verification
- For a person required to register under subparagraph (A) of subsection (a)(1) of this section, State
procedures shall provide for verification of address at least annually.
- The provisions of subparagraph (A) shall be applied to a person required to register under subparagraph (B) of subsection (a)(1) of this section, except that such person must verify the registration every 90 days after the date of the initial release or commencement of parole.
- Notification of local law enforcement agencies of changes in address
A change of address by a person required to register under this section shall be reported by the person in the manner provided by State law. State procedures shall ensure that the updated address information is promptly made available to a law enforcement agency having jurisdiction where the person will reside and entered into the appropriate State records or data system.
- Registration for change of address to another State
A person who has been convicted of an offense which requires registration under this section and who moves to another State, shall report the change of address to the responsible agency in the State the person is leaving, and shall comply with any registration requirement in the new State of residence. The procedures of the State the person is leaving shall ensure that notice is provided promptly to an agency responsible for registration in the new State, if that State requires registration.
- Length of registration
A person required to register under subsection (a)(1) of this section shall continue to comply with this section, except during ensuing periods of incarceration, until -
- 10 years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or
- for the life of that person if that person -
- has 1 or more prior convictions for an offense described in subsection (a)(1)(A) of this section; or
- has been convicted of an aggravated offense described in subsection (a)(1)(A) of this section; or
- has been determined to be a sexually violent predator pursuant to subsection (a)(2) of this section.
- Registration of out-of-State offenders, Federal offenders, persons sentenced by courts martial, and offenders crossing State borders
As provided in guidelines issued by the Attorney General, each State shall include in its registration program residents who were convicted in another State and shall ensure that procedures are in place to accept registration information from -
- residents who were convicted in another State, convicted of a Federal offense, or sentenced by a court martial; and
- nonresident offenders who have crossed into another State in order to work or attend school.
- Registration of offender crossing State border
Any person who is required under this section to register in the State in which such person resides shall also register in any State in which the person is employed, carries on a vocation, or is a student.
- Penalty
A person required to register under a State program established pursuant to this section who knowingly fails to so register and keep such registration current shall be subject to criminal penalties in any State in which the person has so failed.
- Release of information
- The information collected under a State registration program may be disclosed for any purpose permitted under the laws of the State.
- The State or any agency authorized by the State shall release relevant information that is necessary to protect the public concerning a specific person required to register under this section, except that the identity of a victim of an offense that requires registration under this section shall not be released.
- Immunity for good faith conduct
Law enforcement agencies, employees of law enforcement agencies and independent contractors acting at the direction of such agencies, and State officials shall be immune from liability for good faith conduct under this section.
- Compliance
- Compliance date
Each State shall have not more than 3 years from September 13, 1994, in which to implement this section, except that the Attorney General may grant an additional 2 years to a State that is making good faith efforts to implement this section.
- Ineligibility for funds
- A State that fails to implement the program as described in this section shall not receive 10 percent of the funds that would otherwise be allocated to the State under section 3756 of this
title.
- Reallocation of funds. - Any funds that are not allocated for failure to comply with this section shall be reallocated to States that comply with this section.
- Fingerprints
Each requirement to register under this section shall be deemed to also require the submission of a set of fingerprints of the person required to register, obtained in accordance with regulations prescribed by the Attorney General under section 14072(h) of this title.
- Grants to States for costs of compliance
- Program authorized
- In general
The Director of the Bureau of Justice Assistance (in this subsection referred to as the "Director") shall carry out aprogram, which shall be known as the ''Sex Offender Management
Assistance Program'' (in this subsection referred to as the "SOMA program"), under which the Director shall award a grant to each eligible State to offset costs directly associated with
complying with this section.
- Uses of funds
Each grant awarded under this subsection shall be -
- distributed directly to the State for distribution to State and local entities; and
- used for training, salaries, equipment, materials, and other costs directly associated with complying with this section.
- Eligibility
- Application
To be eligible to receive a grant under this subsection, the chief executive of a State shall, on an annual basis, submit to the Director an application (in such form and containing such
information as the Director may reasonably require) assuring that -
- the State complies with (or made a good faith effort to comply with) this section; and
- where applicable, the State has penalties comparable to or greater than Federal penalties for crimes listed in this section, except that the Director may waive the requirement of this clause if a State demonstrates an overriding need for assistance under this subsection.
- Regulations
- In general
Not later than 90 days after October 30, 1998, the Director shall promulgate regulations to implement this subsection (including the information that must be included and the requirements that the States must meet) in submitting the applications required under this subsection. In allocating funds under this subsection, the Director may consider the
annual number of sex offenders registered in each eligible State's monitoring and notification programs.
- Certain training programs
Prior to implementing this subsection, the Director shall study the feasibility of incorporating into the SOMA program the activities of any technical assistance or training
program established as a result of section 13941 of this title. In a case in which incorporating such activities into the SOMA program will eliminate duplication of efforts or administrative costs, the Director shall take administrative actions, as allowable, and make recommendations to Congress to incorporate such activities into the SOMA program prior to implementing the SOMA program.
- Authorization of appropriations
There is authorized to be appropriated to carry out this subsection, $25,000,000 for each of fiscal years 1999 and 2000.
- Notice of enrollment at or employment by institutions of higher education
- Notice by offenders
- In general
In addition to any other requirements of this section, any person who is required to register in a State shall provide notice as required under State law -
- of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student; and
- of each change in enrollment or employment status of such person at an institution of higher education in that State.
- Change in status
A change in status under subparagraph (A)(ii) shall be reported by the person in the manner provided by State law. State procedures shall ensure that the updated information is promptly made available to a law enforcement agency having jurisdiction where such institution is located and entered into the appropriate State records or data system.
- State reporting
State procedures shall ensure that the registration information collected under paragraph (1) -
- is promptly made available to a law enforcement agency having jurisdiction where such institution is located; and
- entered into the appropriate State records or data system.
- Request
Nothing in this subsection shall require an educational institution to request such information from any State.
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Megan's Law
In May of 1996, the President took the next step by signing the federal Megan's Law. Megan's Law amends the Wetterling Act to require states to release relevant information concerning registered child molesters and sexually violent offenders when necessary to protect the public.
The Guidelines make it clear that:
- States must release information about registered sexoffenders to the public, not just to law enforcement agencies, other governmental or non-governmental organizations, prospective employers, or the victims of the offenders' crimes.
- States can't release registration information on a purely discretionary basis. Information must be released to members of the public as necessary to protect the public from registered sex offenders.
- "Community notification" programs must apply both to child molesters and other sexually violent offenders.
- States may comply by adopting an "affirmative" approach to community notification (for example, by notifying neighbors about the presence of "high risk offenders") or by making sex offender registration information accessible to the public on request (for example, by
making registration lists open for inspection by the public or by establishing call-in numbers through which the public can learn whether an individual is a registered sex offender).
- The guidelines also note that states may impose the new registration requirements on offenders convicted prior to the establishment of their registration system. In addition, the guidelines note that offenses consisting of consensual acts between adults are not among the offenses for which registration is required under the Act.
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Pam Lychner Sexual Offender Tracking and Identification Act of 1996
The Pam Lychner Sexual Offender Tracking and Identification Act of 1996 was designed to ensure the nationwide availability of sex offender registration information to law enforcement. This law requires states to transmit sex offender data and fingerprints to the FBI to establish a national database of released sex offenders to track their whereabouts and movement. This initiative will ensure that offenders will be tracked by state authorities and the FBI as they move from state to state. Provisions mandate persons convicted sexual offenses in states that do not have a "minimally sufficient" registration program to register with the FBI a current address, fingerprints, and current photograph. Additionally, the legislation amends the Jacob Wetterling Act by changing the duration of state registration requirement from 10 years to 10 years or life for two categories of offenders: recidivists and aggravated offenders. It is established by 42 USC Sec. 14072 and 42 USC Sec. 14073.
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Victims of Trafficking and Violence Protection Act of 2000
On October 28, 2000, the Victims of Trafficking and Violence Protection Act of 2000 was signed into law. This new law, which was passed virtually unanimously by both houses of Congress, addresses issues of personal exploitation resulting from trafficking in persons. Victims of "severe trafficking," defined as sex trafficking of persons under 18 years of age, or recruiting or obtaining persons for labor or services through the use of force, fraud, or coercion, are eligible for public benefits and services regardless of their immigration status. This law is the culmination of the federal government's efforts through the Trafficking in Persons and Worker Exploitation Task Force , an interagency group that brings the FBI, INS, Department of Labor and other agencies together to remedy a problem with both domestic and global dimensions, primarily involving women and children as victims.
The Criminal Section of the Civil Rights Division, which enforces slavery and peonage statutes that were initially enacted over 100 years ago, was highly involved in drafting this new legislation. The new law expands the definition of forced labor to reach the more insidious forms of coercion occurring in contemporary times, thus enabling the Section to come to the aid of more victims and to bring more cases than allowed under prior laws.
Here are some highlights of the new statute as they affect the Criminal Section's enforcement responsibilities:
- creates new laws that criminalize trafficking with respect to slavery, involuntary servitude, peonage or forced labor
- permits prosecution where nonviolent coercion is used to force victims to work in the belief they would be subject to serious harm
- permits prosecution where the victim's service was compelled by confiscation of documents such as passports or birth certificates
- increases prison terms for all slavery violations from 10 years to 20 years and adds life imprisonment where the violation involves the death, kidnaping, or sexual abuse of the victim
- requires courts to order restitution and forfeiture of assets upon conviction
- enables victims to seek witness protection and other types of assistance
- gives prosecutors and agents new tools to get legal immigration status for victims of trafficking during investigation and prosecution
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Aimee's Law
On October 11, 2000, the Senate passed a series of crime bills (already passed by the House) which included the Violence Against Women Act of 2000 and Aimee's Law. Aimee's Law states that if a murderer, rapist or child molester is released -- either by way of parole or because his sentence is complete (Aimee's Law strongly recommends the death penalty for murder and life sentences for rape and child molestation) -- and then commits a similar crime in a second state, the first state must pay up to $100,000 to the victim (or the victim's estate), and reimburse the second state for the cost of the criminal's apprehension, prosecution, and incarceration. Exemptions will be made for states with truth-in-sentencing laws requiring that convicted criminals serve at least 85% of their sentence. (See 42 USC Sec. 13713)
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The Child Protection and Sexual Predator Punishment Act of 1998
Specifically, The Child Protection and Sexual Predator Punishment Act of 1998:
Criminalizes use of the Internet for those who knowingly
- make contact with a person under 18 years of age, or someone representing themselves as under 18; or
- send obscene material to a minor or someone who represents themselves as a minor.
The bill provides a penalty including a fine and up to five years imprisonment for these offenses, doubles the maximum prison sentence from 5 to 10 years for enticing a minor to travel across State lines to engage in illegal sexual activity and increases the maximum prison sentence from 10 to 15 years for persuading a minor to engage in prostitution or a sexual act. Additionally, it provides a minimum sentence of two years for possession of large quantities of defined as 50 or more images of or items containing child pornography.
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The Sexual Exploitation of Children Act of 1977
The law prohibits the use of a minor in the making of pornography, the transport of a child across state lines, the taking of a pornographic picture of a minor, and the production and circulation of materials advertising child pornography. It also prohibits the transfer, sale, purchase, and receipt of minors when the purpose of such transfer, sale, purchase, or receipt is to use the child or youth in the production of child pornography. The transportation, importation, shipment, and receipt of child pornography by any interstate means, including by mail or computer, is also prohibited.(*ncmec)
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The Child Protection Act of 1984
defines anyone younger than the age of 18 as a child. Therefore, a sexually explicit photograph of anyone 17 years of age or younger is child pornography. (*ncmec)
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The Child Sexual Abuse and Pornography Act of 1986
banned the production and use of advertisements for child pornography and included a provision for civil remedies of personal injuries suffered by a minor who is a victim. It also raised the minimum sentences for repeat offenders from imprisonment of not less than two years to imprisonment of not less than five years. (*ncmec)
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The Child Protection and Obscenity Enforcement Act of 1988
The law prohibits the use of a minor in the making of pornography, the transport of a child across state lines, the taking of a pornographic picture of a minor, and the production and circulation of materials advertising child pornography. It also prohibits the transfer, sale, purchase, and receipt of minors when the purpose of such transfer, sale, purchase, or receipt is to use the child or youth in the production of child pornography. The transportation, importation, shipment, and receipt of child pornography by any interstate means, including by mail or computer, is also prohibited. (*ncmec)
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The Telecommunications Act of 1996
it is a federal crime for anyone using the mail, interstate or foreign commerce, to persuade, induce, or entice any individual younger than the age of 18 to engage in any sexual act for which the person may be criminally prosecuted. (*ncmec)
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The Child Pornography Prevention Act of 1996
amends the definition of child pornography to include that which actually depicts the sexual conduct of real minor children and that which appears to be a depiction of a minor engaging in sexual conduct. Computer, photographic, and photocopy technology is amazingly competent at creating and altering images that have been “morphed” to look like children even though those photographed may have actually been adults. People who alter pornographic images to look like children can now be prosecuted under the law. (*ncmec)
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