H.R. 6847 — what changed

Section 2251 of title 18, United States Code, is amended—

“(a) Any person who, in a circumstance described in subsection (f), knowingly—

“(1) employs, uses, persuades, induces, entices, or coerces a minor to engage in any sexually explicit conduct for the purpose of producing any visual depiction of such conduct, or transmitting a live visual depiction of such conduct;

“(2) produces or causes to be produced a visual depiction of a minor engaged in any sexually explicit conduct where the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct and such visual depiction is of such conduct;

“(3) transmits or causes to be transmitted a live visual depiction of a minor engaged in any sexually explicit conduct;

“(4) has a minor assist any other person to engage in any sexually explicit conduct during the commission of an offense set forth in paragraphs (1) through (3) of this subsection; or

“(5) transports any minor in or affecting interstate or foreign commerce with the intent that such minor be used in the production or live transmission of a visual depiction of a minor engaged in any sexually explicit conduct,

“(b) Any parent, legal guardian, or person having custody or control of a minor who, in a circumstance described in subsection (f), knowingly permits such minor to engage in, or to assist any other person to engage in, sexually explicit conduct knowing that a visual depiction of such conduct will be produced or transmitted shall be punished as provided under subsection (e).”

“(f) The circumstances referred to in subsections (a) and (b) are—

“(1) that the person knows or has reason to know that such visual depiction will be—

“(A) transported or transmitted using any means or facility of interstate or foreign commerce;

“(B) transported or transmitted in or affecting interstate or foreign commerce; or

“(C) mailed;

“(2) the visual depiction was produced or transmitted using materials that have been mailed, or shipped or transported in or affecting interstate or foreign commerce by any means, including by computer;

“(3) such visual depiction has actually been—

“(A) transported or transmitted using any means or facility of interstate or foreign commerce;

“(B) transported or transmitted in or affecting interstate or foreign commerce; or

“(C) mailed; or

“(4) any part of the offense occurred in a territory or possession of the United States or within the special maritime and territorial jurisdiction of the United States.

“(g) Notwithstanding any other provision of this section, no criminal charge under subsection (a)(3) may be brought against an electronic communication service provider or remote computing service provider unless such provider has intentionally transmitted or caused to be transmitted a visual depiction with actual knowledge that such depiction is of a minor engaged in sexually explicit conduct, nor may any such criminal charge be brought if barred by the provisions of section 2258B.”

changed Section 2255(b) The Attorney General is authorized to provide technical assistance, including equipment, to tribal governments for the purpose of enabling such governments to access, enter information into, and obtain information from, Federal criminal information databases, as authorized under section 534(d) of title 18, 28, United States Code, is amended—Code. The Department of Justice Working Capital Fund (established under section 527 of title 28, United States Code) may be reimbursed by federally recognized tribes for technical assistance provided pursuant to this section.

changed The Attorney General is authorized to provide technical assistance, including equipment, to tribal governments for the purpose Section 116 of enabling such governments to access, enter information into, the Adam Walsh Child Protection and obtain information from, Federal criminal information databases, as authorized under section 534(d) of title 28, United States Code. The Department of Justice Working Capital Fund (established under section 527 Safety Act of title 28, United States Code) may be reimbursed by federally recognized tribes for technical assistance provided pursuant to this section.2006 (34 U.S.C. 20918) is amended—

added “(a) In general—Except as provided in subsection (b), a sex offender shall”

added “(b) Alternative verification method—A jurisdiction may allow a sex offender to comply with the requirements under subsection (a) by an alternative verification method approved by the Attorney General, except that each offender shall appear in person not less than one time per year. The Attorney General shall approve an alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification that is sufficient to ensure the public safety.”

changed Section 116 111(8) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20918) 20911(8)) is amended—amended by inserting “subsection (a) or (b) of” before “section 2241 of title 18, United States Code”.

removed “(a) In general—Except as provided in subsection (b), a sex offender shall”

removed “(b) Alternative verification method—A jurisdiction may allow a sex offender to comply with the requirements under subsection (a) by an alternative verification method approved by the Attorney General, except that each offender shall appear in person not less than one time per year. The Attorney General shall approve an alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification that is sufficient to ensure the public safety.”

changed Section 111(8) 634(c) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(8)) is amended by inserting “subsection (a) or (b) of” before “section 2241 of title 18, United States Code”.adding at the end the following:

added “(3) Additional report—Not later than 1 year after the date of enactment of the Adam Walsh Reauthorization Act of 2018, the National Institute of Justice shall submit to Congress a report on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders, based on the information collected for the study under subsection (a) and any other information the National Institute of Justice determines necessary for such report.”

changed Section 634(c) 125 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20927) is amended by adding at the end the following:

changed “(3) Additional report—Not later than 1 year after the date of enactment of the Adam Walsh Reauthorization Act of 2018, the National Institute of Justice shall submit to Congress a report on the public safety impact, recidivism, and collateral consequences of long-term registration of juvenile sex offenders, based on the information collected for the study under subsection (a) and any other information the National Institute of Justice determines necessary “(e) Substantial implementation for such report.”juvenile registration requirements

added “(1) In general—In the case of a jurisdiction that uses a discretionary process for determining whether registration under this Act is required for juveniles 14 years of age or older who are adjudicated delinquent for sex offenses described in section 111(8), the Attorney General, in assessing whether the jurisdiction has substantially implemented this title with respect to the registration of such juveniles, may examine the policies and practices that the jurisdiction has in place—

added “(A) related to the prosecution as adults, of juveniles who commit sex offenses described in section 111(8);

added “(B) related to the registration under this Act of juveniles adjudicated delinquent for such an offense; and

added “(C) related to the identification, tracking, monitoring, or managing of juveniles adjudicated delinquent for such offenses who reside in the jurisdiction, including policies and practices to ensure that the records of their identities and sex offenses are available as needed for public safety purposes.

added “(2) Submission by jurisdiction—A jurisdiction described in paragraph (1) shall submit to the Attorney General an explanation for how the discretionary process used by the jurisdiction with respect to the registration of juveniles under this Act should be considered substantial implementation of this title.

added “(3) Determination—The Attorney General may determine that a jurisdiction has substantially implemented this title if the Attorney General determines that the policies and practices described in paragraph (1) have resulted or will result in the registration, identification, tracking, monitoring, or management of juveniles who commit sex offenses described in section 111(8), and in the availability of the identities and sex offenses of such juveniles as needed for public safety purposes, in a manner that does not substantially disserve the purposes of this title.”