What This Bill Does
This bill aims to protect children from sexual abuse and exploitation. The bill changes federal law to make it easier to prosecute people who commit sexual crimes against children, including crimes that happen online or through organizations like charities.
Who It Affects
- United States citizens who work for or volunteer with organizations that operate across state or national borders
- Permanent residents (people legally allowed to live in the U.S. permanently) who work with such organizations
- People who commit sexual crimes against children across state lines or internationally
- Children who are victims of sexual abuse
Key Provisions
- The law changes the requirement for prosecuting people who travel to commit sexual abuse. Instead of requiring prosecutors to prove the abuse was a "motivating purpose" of the travel, they only have to show the person intended to commit sexual abuse at the time of travel (Sec. 3)
- People who are officers, directors, employees or agents of organizations affecting interstate or foreign commerce (like international charities) can face up to 30 years in prison if they commit sexual abuse through their connection to that organization (Sec. 4)
- The definition of "sexual activity" is expanded to clarify it does not require physical contact between people. This includes online activity like using webcams (Sec. 5)
What Changes
If this becomes law, federal prosecutors will have an easier time charging people with federal crimes for traveling to commit sexual abuse against children because they only need to prove intent, not that abuse was the main reason for the travel. The law also creates new federal crimes for people working with organizations that span state or international borders who commit sexual abuse. Additionally, online sexual abuse that does not involve physical contact will be covered under federal law.
Important Definitions
The bill clarifies that "intent" means any intention to engage in sexual abuse at the time of travel, not requiring it to be the primary or main purpose (Sec. 3).
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 454
To protect children against sexual abuse and exploitation, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 24, 2023
Mr. BURCHETT (for himself and Mr. CUELLAR) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To protect children against sexual abuse and exploitation,
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 ‘‘Preventing Child Sex
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Abuse Act of 2023’’.
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SEC. 2. SENSE OF CONGRESS.
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The sense of Congress is the following:
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(1) The safety of children should be a top pri-
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ority for public officials and communities in the
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United States.
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(2) According to the Rape, Abuse & Incest Na-
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tional Network, an individual in the United States is
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sexually assaulted every 68 seconds. And every 9
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minutes, that victim is a child. Meanwhile, only 25
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out of every 1,000 perpetrators will end up in pris-
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on.
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(3) The effects of child sexual abuse can be
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long-lasting and affect the victim’s mental health.
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(4) Victims are more likely than non-victims to
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experience the following mental health challenges:
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(A) Victims are about 4 times more likely
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to develop symptoms of drug abuse.
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(B) Victims are about 4 times more likely
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to experience post-traumatic stress disorder as
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adults.
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(C) Victims are about 3 times more likely
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to experience a major depressive episode as
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adults.
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(5) The criminal justice system should and has
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acted as an important line of defense to protect chil-
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dren and hold perpetrators accountable.
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(6) However, the horrific crimes perpetuated by
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Larry Nassar demonstrate firsthand the loopholes
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that still exist in the criminal justice system. While
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Larry Nassar was found guilty of several State-level
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•HR 454 IH
offenses, he was not charged federally for his illicit
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sexual contact with minors, despite crossing State
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and international borders to commit this conduct.
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(7) The Department of Justice has also identi-
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fied a growing trend of Americans who use chari-
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table or missionary work in a foreign country as a
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cover for sexual abuse of children.
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(8) It is the intent of Congress to prohibit
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Americans from engaging in sexual abuse or exploi-
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tation of minors under the guise of work, including
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volunteer work, with an organization that affects
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interstate or foreign commerce, such as an inter-
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national charity.
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(9) Federal law does not require that an abus-
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er’s intention to engage in sexual abuse be a pri-
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mary, significant, dominant, or motivating purpose
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of the travel.
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(10) Child sexual abuse does not require phys-
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ical contact between the abuser and the child. This
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is especially true as perpetrators turn increasingly to
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internet platforms, online chat rooms, and webcams
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to commit child sexual abuse.
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(11) However, a decision of the United States
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Court of Appeals for the Seventh Circuit found the
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use of a webcam to engage in sexually provocative
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•HR 454 IH
activity with a minor did not qualify as ‘‘sexual ac-
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tivity’’.
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(12) Congress can address this issue by amend-
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ing the definition of the term ‘‘sexual activity’’ to
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clarify that it does not require interpersonal, phys-
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ical contact.
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(13) It is the duty of Congress to provide clear-
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er guidance to ensure that those who commit crimes
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against children are prosecuted to the fullest extent
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of the law.
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SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.
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Section 2423 of title 18, United States Code, is
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amended—
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(1) in subsection (b), by striking ‘‘with a moti-
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vating purpose of engaging in any illicit sexual con-
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duct with another person’’ and inserting ‘‘with in-
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tent to engage in any illicit sexual conduct with an-
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other person’’;
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(2) by redesignating subsections (d), (e), (f),
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and (g) as subsections (e), (f), (g), and (i), respec-
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tively;
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(3) in subsection (e), as so redesignated, by
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striking ‘‘with a motivating purpose of engaging in
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any illicit sexual conduct’’ and inserting ‘‘with intent
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to engage in any illicit sexual conduct’’; and
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•HR 454 IH
(4) by inserting after subsection (g), as so re-
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designated, the following:
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‘‘(h) RULE OF CONSTRUCTION.—As used in this sec-
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tion, the term ‘intent’ shall be construed as any intention
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to engage in illicit sexual conduct at the time of the trav-
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el.’’.
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SEC. 4. ABUSE UNDER THE GUISE OF CHARITY.
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Section 2423 of title 18, United States Code, as
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amended by section 3 of this Act, is amended—
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(1) by inserting after subsection (c) the fol-
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lowing:
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‘‘(d) ILLICIT SEXUAL CONDUCT
IN CONNECTION
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WITH CERTAIN ORGANIZATIONS.—Any citizen of the
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United States or alien admitted for permanent residence
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who—
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‘‘(1) is an officer, director, employee, or agent
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of an organization that affects interstate or foreign
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commerce;
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‘‘(2) makes use of the mails or any means or
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instrumentality of interstate or foreign commerce
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through the connection or affiliation of the person
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with such organization; and
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‘‘(3) commits an act in furtherance of illicit sex-
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ual conduct through the connection or affiliation of
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the person with such organization,
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•HR 454 IH
shall be fined under this title, imprisoned for not more
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than 30 years, or both.’’;
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(2) in subsection (f), as so redesignated, by
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striking ‘‘or (d)’’ and inserting ‘‘(d), or (e)’’; and
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(3) in subsection (i), as so redesignated, by
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striking ‘‘(f)(2)’’ and inserting ‘‘(g)(2)’’.
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SEC. 5. SEXUAL ACTIVITY WITH MINORS.
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Section 2427 of title 18, United States Code, is
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amended by inserting ‘‘does not require interpersonal
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physical contact, and’’ before ‘‘includes’’.
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Æ
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