H.R. 4831 — ENFORCE Act

This section revises 18 U.S.C. §2252A(a)(7), which prohibits production of child pornography (i.e., visual depictions of sexually explicit conduct involving minors), to cover only child pornography as defined in 18 U.S.C. §2256(8)(C) (i.e., depictions created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct) that meets an interstate commerce nexus—either (A) the producer knows or has reason to know it will be mailed, shipped, or transported interstate; (B) it was produced using materials so transported; or (C) it has been so transported. The section further includes the revised offense in the penalties under subsection (b)(1) (5-20 years imprisonment for a first offense) and strikes subsection (b)(3).

This section enhances enforcement of offenses under 18 U.S.C. 1466A (obscene visual representations of child sexual abuse, including drawings, cartoons, paintings, and sculptures depicting minors in sexually explicit conduct) by (1) eliminating the statute of limitations; (2) requiring sex offender registration; (3) prohibiting reproduction of such depictions in criminal discovery proceedings (modeled on child pornography rules); (4) establishing a presumption of pretrial detention; and (5) mandating lifetime supervised release following imprisonment.