What This Bill Does
This bill changes how courts sentence people convicted of child pornography offenses. It establishes rules for judges to follow when determining sentences for these crimes, based on facts proven in trial or admitted by the defendant.
Who It Affects
Federal judges, defendants convicted of child pornography offenses, federal prosecutors.
Key Provisions
• Courts must impose sentences at or above the minimum sentence range for child pornography offenses when sentencing is based on facts proven beyond a reasonable doubt during trial or facts admitted by the defendant (Sec. 2(a)(ii))
• Courts may consider and impose sentences within the sentencing range for child pornography offenses based on all facts found by the court, but cannot impose a sentence below the minimum sentence required by statute (Sec. 2(a)(iii))
• The bill changes penalties for possession of child pornography under existing federal law (Sec. 2(b))
What Changes
If this becomes law, federal judges will have stricter rules requiring them to follow minimum sentence ranges when sentencing people convicted of child pornography offenses, unless specific legal exceptions apply.
Important Definitions
"Child pornography offense" means a violation of, or attempt or conspiracy to violate, specific federal child exploitation laws.
Effective Date
Not specified in bill text
II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Prosecutorial Remedies
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and Other Tools to end the Exploitation of Children Today
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Act of 2023’’ or the ‘‘PROTECT Act of 2023’’.
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•S 353 IS
SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OF-
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FENSES.
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(a) IN GENERAL.—Section 3553(b)(2) of title 18,
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United States Code, is amended by adding at the end the
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following:
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‘‘(B) CHILD PORNOGRAPHY OFFENDERS.—
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‘‘(i) DEFINITION.—In this subpara-
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graph, the term ‘child pornography of-
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fense’ means a violation of, or an attempt
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or conspiracy to violate, section 2251,
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2251A, 2252(a), 2252A(a), or 2260.
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‘‘(ii) FACTS
PROVEN
DURING
TRIAL
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OR ADMITTED BY THE DEFENDANT.—Not-
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withstanding subparagraph (A), in sen-
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tencing a defendant convicted of a child
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pornography offense, a court shall impose
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a sentence of the kind, and that is not less
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than the minimum period in the sentencing
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range, referred to in subsection (a)(4), as
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determined based on facts proved beyond a
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reasonable doubt during a jury or bench
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trial and facts admitted by the defendant
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that are relevant to determining the kind
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and range of sentence, unless the court
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makes a finding described in clause (i),
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(ii), or (iii) of subparagraph (A).
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•S 353 IS
‘‘(iii) FACTS FOUND BY COURTS.—
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‘‘(I)
IN
GENERAL.—Notwith-
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standing subparagraph (A), in sen-
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tencing a defendant convicted of a
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child pornography offense, a court
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shall consider, and may impose, a sen-
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tence of the kind, and within the sen-
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tencing range, referred to in sub-
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section (a)(4), as determined based on
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all facts found by the court that are
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relevant to determining the kind and
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range of sentence.
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‘‘(II) MINIMUM
PERIOD.—Noth-
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ing in subclause (I) shall authorize a
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court to impose a sentence that is less
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than—
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‘‘(aa) the minimum sentence
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determined in accordance with
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clause (ii); or
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‘‘(bb) the minimum sentence
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otherwise required by statute.’’.
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(b) PENALTIES FOR POSSESSION.—Chapter 110 of
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title 18, United States Code, is amended—
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(1) in section 2252(b)—
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•S 353 IS
(A) by striking ‘‘(1) Whoever violates, or
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attempts or conspires to violate, paragraph (1),
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(2), or (3) of subsection (a)’’ and inserting
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‘‘Whoever violates, or attempts or conspires to
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violate, subsection (a)’’; and
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(B) by striking paragraph (2); and
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(2) in section 2252A(b)—
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(A) in paragraph (1), by inserting ‘‘(5),’’
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after ‘‘(4),’’;
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(B) by striking paragraph (2); and
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(C) by redesignating paragraph (3) as
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paragraph (2).
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Æ
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