Page:United States Statutes at Large Volume 112 Part 5.djvu/220

 112 STAT. 2978 PUBLIC LAW 105-314—OCT. 30, 1998 (b) INCREASED PENALTIES IN SECTION 2252A.—Section 2252A(b) of title 18, United States Code, is amended— (1) in each of paragraphs (1) and (2), by striking "or chapter 109A" and inserting ", chapter 109A, or chapter 117"; and (2) in paragraph (2), by striking "the possession of child pornography" and inserting "aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography". SEC. 203. "ZERO TOLERANCE" FOR POSSESSION OF CHILD PORNOG- RAPHY. (a) MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS.—Section 2252 of title 18, United States Code, is amended— (1) in subsection (a)(4), by striking "3 or more" each place that term appears and inserting "1 or more"; and (2) by adding at the end the following: "(c) AFFIRMATIVE DEFENSE. —It shall be an affirmative defense to a charge of violating paragraph (4) of subsection (a) that the defendant— "(1) possessed less than three matters containing any visual depiction proscribed by that paragraph; and "(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof— "(A) took reasonable steps to destroy each such visual depiction; or "(B) reported the matter to a law enforcement agency and afforded that agency access to each such visual depiction.". (b) MATERIAL CONSTITUTING OR CONTAINING CHILD PORNOG- RAPHY.— Section 2252A of title 18, United States Code, is amended— (1) in subsection (a)(5), by striking "3 or more images" each place that term appears and inserting "an image"; and (2) by adding at the end the following: "(d) AFFIRMATIVE DEFENSE. — It shall be an affirmative defense to a charge of violating subsection (a)(5) that the defendant— "(1) possessed less than three images of child pornography; and "(2) promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof— "(A) took reasonable steps to destroy each such image; or "(B) reported the matter to a law enforcement agency and afforded that agency access to each such image.". TITLE III—SEXUAL ABUSE PREVENTION SEC. 301. ELIMINATION OF REDUNDANCY AND AMBIGUITIES. (a) MAKING CONSISTENT LANGUAGE ON AGE DIFFERENTIAL.— Section 2241(c) of title 18, United States Code, is amended by striking "younger than that person" and inserting "younger than the person so engaging".

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