The "Strengthening Child Exploitation Enforcement Act" amends Title 18 of the U.S. Code to broaden the definition of kidnapping, modify provisions related to sexual abuse and illicit sexual conduct with minors, and update penalties for civil rights offenses involving sexual misconduct.
John Cornyn
Senator
TX
The "Strengthening Child Exploitation Enforcement Act" amends Title 18 of the U.S. Code to broaden the definition of kidnapping, modify provisions related to sexual abuse, and update penalties for civil rights offenses involving sexual misconduct. These changes include expanding the scope of kidnapping to include deception, clarifying the application of laws regarding interstate travel for sexual abuse offenses, and refining the language and references within existing statutes to enhance clarity and enforcement. The Act also introduces a new offense related to intentional genital contact with minors under specific circumstances. Some of the changes apply retroactively.
Bill Expands Kidnapping Definition to Include Deception, Strengthens Child Sexual Abuse Laws
This bill, the Strengthening Child Exploitation Enforcement Act, updates federal laws targeting child kidnapping and sexual abuse. Key changes include broadening the definition of kidnapping to cover situations involving deception, removing consent as a defense when the victim is under 16 (with a narrow exception), and expanding federal jurisdiction over sexual abuse cases involving travel.
Deception as Kidnapping & The Consent Question
One major shift is in how kidnapping is defined under Title 18, Section 1201. The law would now explicitly include scenarios where someone is obtained through 'defrauding or deceiving any person.' Think about online situations where a predator might trick a minor – this change aims to cover those tactics more clearly under kidnapping statutes.
Critically, the bill addresses the issue of consent. If the victim is under 16, an offender can no longer claim the victim consented unless the offender can prove they 'reasonably believed' the victim was 16 or older. This puts the burden of proof on the accused regarding age perception.
Closing Gaps in Sexual Abuse Cases
The Act also modifies how sexual abuse cases involving movement are handled. Previously, Section 2241(c) required proof that someone 'crosses a State line.' This bill changes that language to 'travels in interstate or foreign commerce,' potentially broadening the scope for federal prosecution to include cases where state lines might not have been crossed but interstate or foreign travel (like planning or communication using interstate means) was involved. Notably, this specific change applies retroactively, meaning it covers conduct that happened before the bill's enactment.
Furthermore, a new provision under Section 2243(f) makes it a federal crime to intentionally touch the genitalia of someone under 16 with the intent to abuse, humiliate, harass, degrade, or for sexual arousal. This targets specific abusive acts directly.
Keeping the Legal Code Consistent
Finally, the bill includes 'conforming amendments.' This is essentially legal housekeeping, updating references in other parts of the U.S. Code (like sections dealing with civil rights offenses and sentencing) to ensure they align correctly with the changes made in this Act. This helps ensure consistency in how these updated laws are applied across the board.