Summary#
The ENFORCE Act would change federal criminal law to strengthen enforcement against material that depicts obscene child sexual abuse or is child pornography. The bill amends several parts of Title 18 of the U.S. Code.
- It revises section 2252A to clarify when producing child pornography is covered by federal law, including when the producer knows the material will be transported in interstate or foreign commerce, when the material was produced using items that moved in interstate commerce, or when the material has been transported in interstate commerce.
- It adds section 1466A (obscene visual representations of child sexual abuse) to the list of crimes without a statute of limitations.
- It requires that visual depictions involved in violations of section 1466A remain in government or court custody during criminal cases, limits reproduction of those depictions in discovery, and allows an identifiable minor depicted in such material to access it in a way similar to victims under section 3509(m).
- It changes pretrial detention rules to create a presumption of detention for violations including section 1466A and lists of other child-related offenses.
- It adds section 1466A to the offenses subject to supervised release after imprisonment.
The bill was introduced in the House and referred to the Judiciary Committee.
What it means for you#
If this bill becomes law, federal prosecutors would have clearer rules to charge and handle cases involving obscene visual depictions of child sexual abuse and child pornography. Evidence in those cases would generally stay under government or court control, and people charged with those offenses could face a presumption of detention before trial and possible supervised release after imprisonment. The bill also removes time limits on prosecuting the specific offense in section 1466A.
Expenses#
No publicly available information.
Proponents' View#
The bill's title and text state the aim is to "enhance enforcement" against obscene visual depictions of child sexual abuse and material constituting child pornography. The text shows supporters want to clarify production rules, remove the statute of limitations for section 1466A, keep such depictions in government or court custody, and add 1466A to pretrial detention and supervised release provisions.
Opponents' View#
No publicly available information.