Child Protection Act of 2012: A Brief Legal Analysis (CRS Report for Congress)
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| Release Date |
Dec. 19, 2012 |
| Report Number |
R42870 |
| Report Type |
Report |
| Authors |
Charles Doyle, Senior Specialist in American Public Law |
| Source Agency |
Congressional Research Service |
Summary:
On the December 7, 2012, the President signed the Child Protection Act of 2012, P.L. 112-206 (H.R. 6063), into law. The measure had previously passed the House under suspension of the rules and the Senate by unanimous consent. Its provisions are (1) increase the maximum penalty for certain child pornography offenses; (2) outlaw harassment of a child victim or witness while under a protective order; (3) grant the U.S. Marshals Service administrative subpoena authority in sex offender registration cases; (4) direct the U.S. Sentencing Commission to review the adequacy of federal sentencing guidelines that apply to federal sex offenders; and (5) bolster the Internet Crimes Against Children (ICAC) program.
Prior law punished the possession of child pornography in a federal enclave, facility, or Indian country or when shipped or transmitted in interstate commerce with imprisonment for not more than 10 years. P.L. 112-206 increases the maximum to 20 years.
Prior law permits federal courts to enter an order to protect the victims and witnesses in a federal criminal case from being harassed for "no legitimate purpose." Violation of such an order is punishable as contempt of court. P.L. 112-206 punishes violations by imprisonment for not more than five years. It also creates a rebuttable presumption against the existence of a legitimate purpose, if the defendant publishes or distributes the picture or other identifying information of the victim or witness, other than for press or law enforcement purposes. Constitutional boundaries may cabin the breadth of the proscription.
Prior law allows administrative agencies to demand testimony or the production of documents necessary for regulatory purposes, without having to secure a warrant or court subpoena. In a few limited instancesâsuch as health care fraud, child pornography, and U.S. Secret Service protectionâfederal law enforcement officials enjoy similar authority. P.L. 112-206 grants the U.S. Marshals Service the authority to use administrative subpoenas to unregistered sex offenders.
Prior law requires federal courts to begin the sentencing process by calculating the penalties recommended by the U.S. Sentencing Commission's sentencing guidelines. P.L. 112-206 directs the commission to review the adequacy of the guidelines applicable for obstruction of justice when committed in conjunction with sexual abuse, sex offender registration, child pornography, sex trafficking, and Mann Act offenses.
Prior law instructs the Attorney General to create and implement a national strategy for child exploitation and interdiction. P.L. 112-206 bolsters that effort by (1) increasing from $2 million to $4 million the annual cap on private training of ICAC task force members; (2) authorizing appropriations of $60 million for ICAC task forces for each fiscal year through FY2018; (3) insisting that the ICAC national coordinator be a member of the Senior Executive Service; (4) eliminating the possibility that the identification of high-priority suspects might be based solely on the volume of suspected criminal activity; and (5) instructing the Attorney General to report to the Judiciary Committees, within three months, on the establishment of the ICAC data system.
