Page:United States Statutes at Large Volume 117.djvu/705

 117 STAT. 686

PUBLIC LAW 108–21—APR. 30, 2003

with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines are adequate to deter and punish conduct that involves a violation of paragraph (3)(B) or (6) of section 2252A(a) of title 18, United States Code, as created by this Act. With respect to the guidelines for section 2252A(a)(3)(B), the Commission shall consider the relative culpability of promoting, presenting, describing, or distributing material in violation of that section as compared with solicitation of such material.

Subtitle B—Truth in Domain Names SEC. 521. MISLEADING DOMAIN NAMES ON THE INTERNET.

(a) IN GENERAL.—Chapter 110 of title 18, United States Code, is amended by inserting after section 2252A the following: ‘‘§ 2252B. Misleading domain names on the Internet ‘‘(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both. ‘‘(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more than 4 years, or both. ‘‘(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content of the site, such as ‘sex’ or ‘porn’, is not misleading. ‘‘(d) For the purposes of this section, the term ‘material that is harmful to minors’ means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context— ‘‘(1) predominantly appeals to a prurient interest of minors; ‘‘(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and ‘‘(3) lacks serious literary, artistic, political, or scientific value for minors. ‘‘(e) For the purposes of subsection (d), the term ‘sex’ means acts of masturbation, sexual intercourse, or physcial contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2252A the following new item: ‘‘2252B. Misleading domain names on the Internet.’’.

TITLE VI—MISCELLANEOUS PROVISIONS SEC. 601. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

Chapter 1 of title 18, United States Code, is amended by adding at the end the following:

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