S. 3021 — ENFORCE Act

This section amends the child pornography offenses statute by (1) replacing 18 U.S.C. §2252A(a)(7) with a prohibition on knowingly producing child pornography, as defined in 18 U.S.C. §2256(8)(C) (i.e., a visual depiction created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct), that (A) the person knows or has reason to know will be mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting such commerce, (B) was produced using materials so mailed, shipped, or transported, or (C) has been so mailed, shipped, or transported; (2) updating §2252A(b)(1) to include violations of the new (a)(7); and (3) striking §2252A(b)(3).

This section enhances enforcement of 18 U.S.C. §1466A, which prohibits the production, distribution, receipt, possession, or conspiracy involving obscene visual depictions—including drawings, cartoons, sculptures, or paintings—of minors engaging in sexually explicit conduct (or certain graphic acts lacking serious literary, artistic, political, or scientific value), by making the following changes: (1) eliminating the statute of limitations for such offenses (by amending 18 U.S.C. §3299); (2) requiring sex offender registration for convictions (by amending 34 U.S.C. §20911(5)(A)(iii)); (3) prohibiting reproduction of such depictions in criminal proceedings, requiring government or court custody akin to child pornography rules, and allowing access for identifiable minor victims (by adding new subsection (f) to 18 U.S.C. §1466A, redesignating prior subsection (f) as (g)); (4) creating a rebuttable presumption of pretrial detention (by amending 18 U.S.C. §3142(c)(1)(B) and (e)(3)(E) to include §1466A(a) offenses); and (5) mandating supervised release for any term of years or life following imprisonment (by amending 18 U.S.C. §3583(k)).