S. 1333 — Strengthening Child Exploitation Enforcement Act

This section amends the federal kidnapping statute (18 U.S.C. §1201) to (1) expand the definition of kidnapping in subsection (a) to include obtaining a victim by defrauding or deceiving any person (in addition to abduction), (2) apply the same expansion to aggravated kidnapping circumstances in subsection (b), and (3) establish in subsection (g)(2) that consent is not a defense for victims under age 16 unless the offender proves by a preponderance of the evidence a reasonable belief that the victim was at least 16. This section amends sexual abuse offenses in 18 U.S.C. chapter 109A by (1) broadening jurisdiction in §2241(c) for sexual abuse of a minor under age 12 (or attempts) from crossing a state line to traveling in interstate or foreign commerce; (2) adding in §2243(f) a new offense—punishable as a sexual act under §§2241(a)–(c), 2242, or 2243—for knowingly causing the intentional, non-clothed touching of a person under age 16's genitalia with intent to abuse, humiliate, harass, degrade, or sexually arouse or gratify any person, in federal prisons or jurisdictions; (3) restructuring §2244(a) as a general prohibition with same penalties for attempts and making clerical changes (e.g., "ten" years to "10 years"); (4) expanding §2244(b) to include causing (or attempting) a person over age 16 to engage in or be subjected to sexual contact without permission; and (5) clarifying §2244(c) to cover sexual contact or attempted sexual contact (other than under §2244(a)(1)(E)) with or by an individual unable to consent due to age or condition. This section amends 18 U.S.C. §2423(g)(1), which defines illicit sexual conduct in the transportation of minors statute, to cover any conduct involving a minor (rather than a sexual act) during foreign travel. The jurisdictional change to §2241(c) applies retroactively to conduct before, on, or after enactment.

This section makes conforming amendments relating to abusive sexual contact. Specifically, it (1) revises cross-references in 18 U.S.C. §250(b) (penalties for civil rights offenses involving sexual misconduct) in paragraphs (2), (4), (5), and (6) to specify subparagraphs of §2244(a)(1) (e.g., §2244(a)(1)(A), (B), (C), (D), (E)), attempts under §2244(a)(2), and abusive sexual contact under §2244(b), while retaining exclusions for contact through clothing; and (2) amends 18 U.S.C. §3559 (sentencing classifications) by replacing in subsection (c)(2)(F)(i) "sections 2244(a)(1) and (a)(2)" with "subparagraphs (A) and (B) of section 2244(a)(1)" and in subsection (e)(2)(A) "2244(a)(1)" with "2244(a)(1)(A)".