Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2002 (PROTECT Act)
Key claim: The PROTECT Act of 2002 expanded federal child pornography prohibitions, redefined ‘child pornography’ to include computer-generated images virtually indistinguishable from real minors, and increased penalties for related record-keeping violations.
Abstract
(S2520 · 107th Congress) Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2002 (PROTECT Act) - (Sec. 3) Amends Federal criminal code provisions regarding activities relating to material constituting or containing child pornography to prohibit: (1) advertising, promoting, distributing, or soliciting through the mails or in interstate or foreign commerce any material or purported material in a manner that conveys the impression that it contains an obscene visual depiction of a minor engaging in sexually explicit conduct; or (2) knowingly distributing, offering, sending, or providing to a minor any such visual depiction that has been transported in interstate or foreign commerce and that was produced using materials that have been so transported for purposes of inducing such minor to participate in any illegal activity. (Sec. 4) Makes certain information identifying minors depicted in child pornography, on motion of the Government, except for good cause shown, inadmissible and subject to redaction from any otherwise admissible evidence in any prosecution of such an act. Increases penalties for violation of record-keeping requirements. (Sec. 5) Modifies the definition of “minor” to provide that it shall not be construed to require proof of the actual identity of the person under age 18. Revises the definition of “child pornography” to include any visual depiction of sexually explicit conduct: (1) that is, or appears to be, of a minor actually engaging in bestiality, sadistic or masochistic abuse, or sexual intercourse, whether between persons of the same or opposite sex; and (2) that lacks serious literary, artistic, political, or scientific value; or (3) the production of which involves the use of an identifiable minor engaging in sexually explicit conduct. Amends the definition of “identifiable minor” to include a computer or computer generated image that is virtually indistinguishable from an actual minor. Defines “virtually indistinguishable” to mean that t Latest action (2002-11-15): Message on Senate action sent to the House.
Why this matters
The PROTECT Act of 2002 expanded federal child pornography prohibitions, redefined ‘child pornography’ to include computer-generated images virtually indistinguishable from real minors, and increased penalties for related record-keeping violations.