Section 1 Short title
This Act may be cited as the “Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2023” or the “PROTECT Act of 2023”.
Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2023
A BILL
To establish appropriate penalties for possession of child pornography, and for other purposes.
Sec. 2 Sentencing for child pornography offenses
In general— Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following:
“(B) Child pornography offenders
“(i) Definition—In this subparagraph, the term child pornography offense means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260.
“(ii) Facts proven during trial or admitted by the defendant—Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A).
“(iii) Facts found by courts
“(I) In general—Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence.
“(II) Minimum period—Nothing in subclause (I) shall authorize a court to impose a sentence that is less than—
“(aa) the minimum sentence determined in accordance with clause (ii); or
“(bb) the minimum sentence otherwise required by statute.”
Penalties for possession— Chapter 110 of title 18, United States Code, is amended—
in section 2252(b)—
by striking “(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)” and inserting “Whoever violates, or attempts or conspires to violate, subsection (a)”; and
by striking paragraph (2); and
in section 2252A(b)—
in paragraph (1), by inserting “(5),” after “(4),”;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2).