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Child Protection and Obscenity Enforcement Act of 1988

Introduced: February 4, 1988 See on congress.gov
 Everywhere this bill has been 14 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 18, 1988
See H.R.5210.
Nov 1, 1988
Referred to Subcommittee on Telecommunications and Finance.
Oct 22, 1988
H.R. 5210 passed in Senate relating to this measure.
Oct 19, 1988
Referred to House Committee on Ways and Means.
Oct 19, 1988
Referred to House Committee on The Judiciary.
Oct 19, 1988
Referred to House Committee on Energy and Commerce.
Oct 18, 1988
Message on Senate action sent to the House.
Oct 14, 1988
Passed Senate with an amendment by Voice Vote.
Oct 14, 1988
Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
Oct 14, 1988
Measure laid before Senate by unanimous consent.
Oct 14, 1988
Senate Committee on Judiciary discharged by Unanimous Consent.
Jun 8, 1988
Committee on Judiciary. Hearings held.
Feb 4, 1988
Read twice and referred to the Committee on Judiciary.
Feb 4, 1988
Introduced in Senate
 Plain-English summary Congressional Research Service

Child Protection and Obscenity Enforcement Act of 1988 - Title I: Child Pornography - Amends the Federal criminal code to make it illegal to use a computer to transport information in interstate or foreign commerce concerning the visual depiction of minors engaging in sexually explicit conduct (child pornography).

Establishes criminal penalties for buying, selling, or transferring the custody of a minor: (1) knowing that, as a consequence of the sale or transfer, the minor will be used in child pornography; or (2) with the intent to promote child pornography. States that such sale or transfer must involve: (1) the minor or other actor traveling in interstate or foreign commerce; (2) communications in interstate or foreign commerce; or (3) conduct in a territory or possession of the United States.

Requires any person who produces a book, magazine, periodical, film, videotape, or other matter which contains any visual depiction of sexually explicit conduct (which is shipped or intended for shipment in interstate or foreign commerce, or contains material shipped in interstate or foreign commerce) to maintain certain records regarding the performers portrayed in such conduct. Directs the Attorney General to issue regulations regarding the maintenance and availability of such records.

Includes the sexual exploitation of children as a predicate offense to the Racketeer Influenced and Corrupt Organizations (RICO) statute.

Title II: Obscenity - Makes it a Federal criminal offense to receive or possess, with the intent to distribute, obscene matter which has been transported in interstate or foreign commerce.

Makes it a Federal criminal offense to knowingly use a facility or means of commerce to sell or distribute obscene matter in interstate or foreign commerce.

Establishes a rebuttable presumption, with respect to Federal criminal offenses involving obscene matter, that obscene matter produced in one State (or outside the United States) which is subsequently located in another State (or in the United States) was transported, shipped, or carried in interstate (or foreign) commerce.

Establishes criminal and civil forfeiture procedures with respect to Federal offenses involving obscene material and child pornography.

Includes communications by means of cable or subscription television within the prohibition against broadcasting obscene language.

Amends the Communications Act of 1934 to modify the penalty provisions of such Act with respect to obscene telephone communications.

Amends the Federal criminal code to establish criminal penalties for the possession or sale of obscene matter on Federal property.

Adds obscenity offenses to the list of crimes for which the Government may obtain wiretaps.

What's happening now November 18, 1988

See H.R.5210.

 Committees of jurisdiction 5