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You are here: Home > Law > Kids' Issues > Victory For Children In Cyberspace

Victory For Children In Cyberspace

Children the world over have had a stunning victory in the U.S. Congress regarding protection from individuals who would exploit them for sexual purposes.

HR 3494 was passed by an incredible 416-0 vote, but what is even more incredible is the range of areas this measure covers in an effort to keep pedophiles from preying on children.

The "Child Protection and Sexual Predator Punishment Act of 1998" contains the following many highlights in addition to important Amendments:

• Sets a fine and 5 years imprisonment for individuals attempting to solicit minors (or persons representing themselves to be minors) for criminal sexual activity
• Increases the penalties for possession of child pornography if the offender has previously been convicted of certain criminal sexual activity and for offenders who are found in possession of 50 or more items of child pornography
• Sets a minimum of 3 years imprisonment for using the Internet to entice a minor into criminal sexual acts and allows maximum sentencing to be doubled for transportation of a minor for illegal sexual activity by an individual with a prior sex offense conviction
• Increases from 10 to 15 years the maximum sentence for transporting a minor or travel to a minor or assumed minor for criminal sexual activity
• Doubles penalties for abusive sexual contact in cases where the victim is less than 12 and doubles the maximum allowed imprisonment for a second sex offense conviction
• Requires individuals convicted for the third time of aggravated sexual abuse to receive a mandatory life sentence
• Requires that an individual convicted of a serious violent felony or sexual exploitation of a child that results in the death of a child under the age of 14 be given a mandatory life sentence (unless the death penalty is imposed)
• Restricts Federal prisoners from Internet access without supervision by an official and urges State officials and prison systems to do the same regarding State prisoners

Children are much further protected by the Amendments which were attached to this Bill, some of which were taken from pending Bills of their own. Two of these are the requirements from the "Abolishing Child Pornography Act" (which specifies ANY quantity of child pornography possession to be illegal, not merely 3 or more) and requirements from the "Child Protection Act of 1997" (which holds ISPs responsible for reporting to law enforcement known child sexual exploitation by their customers). Among others, there were also Amendments which allow volunteer services for youth to request access to FBI criminal background checks and to create the "Sex Offender Management Assistance Program" which provide grants to states to assist implementing sex offender registration and community notification programs.

In conclusion, the U.S.A. has declared severe penalties for sexually exploiting or abusing children, even so far as increasing penalties for those intending to commit such acts and traveling to the assumed minor. It targets the increased use of the Internet to prey on children and trade in child pornography, specifies severe penalties for it's use, and holds ISPs responsible for knowingly allowing their customers to do so. It sustains the "zero tolerance" policy on child pornography by defining that owning even a single item of child pornography as being illegal possession and it reduces the risk of children being harmed by repeat sexual offenders. These measures can greatly increase the safety of children not only online, but in our communities world-wide.

*There are other matters specified by this legislation and the entire text of the Bill may be found at http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR03494:@@@L#amendments

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Parts of this Web site were taken from Parry Aftab's book The Parent's Guide to Protecting Your Children in Cyberspace. Marvel and all character names and the distinctive likenesses thereof are trademarks of Marvel Characters, Inc., and are used with permission. TM & © 2004 Marvel Characters, Inc. All rights reserved. www.marvel.com. Super Heroes is a Co-owned registered Trademark.
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