100TH CONGRESS 1ST SESSION H. R. 1213 To amend chapter 110 of title 18, United States Code, to create remedies for children and other victims of pornography, and for other purposes. I IN THE HOUSE OF REPRESENTATIVES FEBRUARY 24, 1987 Mr. GREEN (for himself, Mr. BRYANT, Mr. CROCKETT, Mr. Dannemeyer, and Mr. FISH) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 110 of title 18, United States Code, to create remedies for children and other victims of pornography, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. This Act may be cited as the "Pornography Victims 5 Protection Act of 1987". 6 SEC. 2. SECTION 2251 AMENDMENTS. 7 Section 2251 of title 18, United States Code, is 1 2 3 4 5 6 7 ∞ 2 (1) in subsection (a), by striking out "subsection (c)" and inserting in lieu thereof "subsection (d)" and by inserting before the period at the end thereof the following: "or if such person knows or has reason to know that the minor was transported in interstate or foreign commerce for the purpose of producing any such visual depiction of such conduct"; (2) in subsection (b), by striking out "subsection 9 (c)" and inserting in lieu thereof "subsection (d)" and 10 11 121 by inserting before the period at the end thereof the following: "or if such person knows or has reason to know that the minor was transported in interstate or 13 foreign commerce for the purpose of producing any 14 15 16 17 such visual depiction of such conduct"; (3) by inserting immediately after subsection (b) the following: "(c)(1) Any person who coerces, intimidates, or fraudu18 lently induces an individual 18 years or older to engage in 19 any sexually explicit conduct for the purpose of producing 20 any visual depiction of such conduct shall be punished as pro21 vided under subsection (d), if such person knows or has 22 reason to know that such visual depiction will be transported 23 in interstate or foreign commerce or mailed, if such visual 24 depiction has actually been transported in interstate or for25 eign commerce or mailed, or if such person knows or has 3 1 reason to know that the individual 18 years or older was 2 transported in interstate or foreign commerce for the purpose 3 of producing any such visual depiction of such conduct. 4 "(2) Proof of one or more of the following facts or condi5 tions shall not, without more, negate a finding of coercion 6 under this subsection: "(A) that the person is or has been a prostitute; "(B) that the person is connected by blood or marriage to anyone involved in or related to the making of the pornography; "(C) that the person has previously had, or been thought to have had, sexual relations with anyone, including anyone involved in or related to the making of the pornography; "(D) that the person has previously posed for sexually explicit pictures for or with anyone, including anyone involved in or related to the making of the pornography at issue; "(E) that anyone else, including a spouse or other relative, has given permission on the person's behalf; "(F) that the person actually consented to a use of the performance that is changed into pornography; "(G) that the person knew that the purpose of the acts or events in question was to make pornography; 1 2 3 4 5 6 7 4 "(H) that the person signed a contract to produce pornography; or "(I) that the person was paid or otherwise com pensated."; (4) in subsection (c), by striking out "(c)" and inserting in lieu thereof "(d)"; and (5) by amending the heading to read as follows: 11 2252(a)(1)(A) of title 18, United States Code, is amended by 12 inserting after "conduct" the following: "or the use of an 13 adult who was coerced, intimidated, or fraudulently induced 14 to engage in sexually explicit conduct and the person knows 15 or has reason to know that the adult was coerced, intimidat16 ed, or fraudulently induced". 17 (b) SUBSECTION (a)(2) OFFENSE.-Section 18 2252(a)(2)(A) is amended by inserting after "conduct" the 19 following: "or the use of an adult who was coerced, intimi20 dated, or fraudulently induced to engage in sexually explicit 21 conduct and the person knows or has reason to know that the 22 adult was coerced, intimidated, or fraudulently induced". 23 (c) CONFORMING AMENDMENT.-The heading for sec 24 tion 2252 is amended to read as follows: 5 1 "8 2252. Certain activities relating to material involving 4 (a) REDESIGNATION.-Chapter 110 of part I of title 18, 5 United States Code, is amended by redesignating section 6 2255 as section 2261. 7 (b) CREATION OF REMEDIES.-Chapter 110 of part J 8 of title 18, United States Code, is amended by inserting after 9 section 2254 the following: 10 "8 2255. Civil remedies. 11 "(a) The district courts of the United States shall have 12 jurisdiction to prevent and restrain violations of section 2251 13 or 2252 by issuing appropriate orders, including— 14 15 16 17 18 19 20 21 22 23 24 “(1) ordering any person to divest himself of any interest, direct or indirect, in any legal or business entity; "(2) imposing reasonable restrictions on the future activities or investments of any person including pro hibiting such person from engaging in the same type of legal or business endeavor; or "(3) ordering dissolution or reorganization of any legal or business entity after making due provision for the rights of innocent persons. "(b) The Attorney General or any person threatened 25 with loss or damage by reason of a violation of section 2251 26 or 2252 of this title may institute proceedings under subsec |