Page:United States Statutes at Large Volume 117.djvu/702

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[117 STAT. 683]
PUBLIC LAW 107-000—MMMM. DD, 2003
[117 STAT. 683]

PUBLIC LAW 108–21—APR. 30, 2003

117 STAT. 683

child pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury shall be instructed, upon request of the United States, that it can draw no inference from the absence of such evidence in deciding whether the child pornography depicts an actual minor.’’. SEC. 506. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR DISTRIBUTION IN THE UNITED STATES.

Section 2251 of title 18, United States Code, is amended— (1) by striking ‘‘subsection (d)’’ each place that term appears and inserting ‘‘subsection (e)’’; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: ‘‘(c)(1) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any visual depiction of such conduct, shall be punished as provided under subsection (e). ‘‘(2) The circumstance referred to in paragraph (1) is that— ‘‘(A) the person intends such visual depiction to be transported to the United States, its territories or possessions, by any means, including by computer or mail; or ‘‘(B) the person transports such visual depiction to the United States, its territories or possessions, by any means, including by computer or mail.’’. SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS.

Sections 2251(e) (as redesignated by section 506(2)), 2252(b), and 2252A(b) of title 18, United States Code, are each amended— (1) by inserting ‘‘chapter 71,’’ immediately before each occurrence of ‘‘chapter 109A,’’; and (2) by inserting ‘‘or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice),’’ immediately before each occurrence of ‘‘or under the laws’’. SEC. 508. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED INFORMATION.

(a) Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended— (1) in subsection (b)(1)— (A) by inserting ‘‘2252B,’’ after ‘‘2252A,’’; and (B) by inserting ‘‘or a violation of section 1466A of that title,’’ after ‘‘of that title),’’; (2) in subsection (c), by inserting ‘‘or pursuant to’’ after ‘‘to comply with’’; (3) by amending subsection (f)(1)(D) to read as follows: ‘‘(D) where the report discloses a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such State law.’’; (4) by redesignating paragraph (3) of subsection (b) as paragraph (4); and (5) by inserting after paragraph (2) of subsection (b) the following new paragraph:

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