Summary
# PREVENTING CHILD SEX ABUSE ACT OF 2023
## WHAT THIS BILL DOES
This bill aims to protect children from sexual abuse and exploitation by changing federal law. It makes it easier to prosecute Americans who travel with the intent to engage in sexual abuse of children, including those who work for charities or organizations. The bill also clarifies that child sexual abuse does not require physical contact between the abuser and child.
## WHO IT AFFECTS
* U.S. citizens and permanent residents who work for organizations affecting interstate or foreign commerce
* People who travel across state or international borders with intent to sexually abuse children
* People who use internet platforms, online chat rooms or webcams to sexually abuse children
* Federal prosecutors and courts handling child sexual abuse cases
* Organizations that affect interstate or foreign commerce (international charities, nonprofits)
## KEY PROVISIONS
* Changes the legal standard from "motivating purpose" to "intent" when prosecuting people who travel to engage in sexual abuse of children, meaning prosecutors do not need to prove that sexual abuse was the main reason for travel (Sec. 3)
* Creates a new crime for U.S. citizens or permanent residents who work for organizations affecting interstate or foreign commerce and commit sexual abuse of children through that organization, with penalties of up to 30 years in prison (Sec. 4)
* Clarifies that "sexual activity" with children does not require physical contact and includes activity over internet platforms, online chat rooms and webcams (Sec. 5)
## WHAT CHANGES
The bill changes the word "motivating purpose" to "intent" in federal law about traveling to sexually abuse children. This makes prosecution easier because prosecutors no longer need to prove that sexual abuse was the defendant's primary reason for traveling. The bill also adds a new offense for people who abuse children while working for organizations that do business across state or international borders. Finally, it updates the definition of sexual activity to explicitly include nonphysical contact crimes like webcam abuse.
## IMPORTANT DEFINITIONS
* **Intent**: Any intention to engage in illicit sexual conduct at the time of travel (Sec. 3)
* **Sexual activity**: Does not require interpersonal physical contact (Sec. 5)
* **Illicit sexual conduct**: Not specified in bill text
## EFFECTIVE DATE
Not specified in bill text
118TH CONGRESS
1ST SESSION
S. 724
AN ACT
To protect children against sexual abuse and exploitation,
and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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† S 724 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Preventing Child Sex
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Abuse Act of 2023’’.
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SEC. 2. SENSE OF CONGRESS.
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The sense of Congress is the following:
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(1) The safety of children should be a top pri-
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ority for public officials and communities in the
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United States.
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(2) According to the Rape, Abuse & Incest Na-
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tional Network, an individual in the United States is
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sexually assaulted every 68 seconds. And every 9
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minutes, that victim is a child. Meanwhile, only 25
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out of every 1,000 perpetrators will end up in pris-
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on.
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(3) The effects of child sexual abuse can be
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long-lasting and affect the victim’s mental health.
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(4) Victims are more likely than non-victims to
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experience the following mental health challenges:
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(A) Victims are about 4 times more likely
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to develop symptoms of drug abuse.
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(B) Victims are about 4 times more likely
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to experience post-traumatic stress disorder as
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adults.
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(C) Victims are about 3 times more likely
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to experience a major depressive episode as
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adults.
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† S 724 ES
(5) The criminal justice system should and has
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acted as an important line of defense to protect chil-
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dren and hold perpetrators accountable.
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(6) However, the horrific crimes perpetuated by
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Larry Nassar demonstrate firsthand the loopholes
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that still exist in the criminal justice system. While
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Larry Nassar was found guilty of several State-level
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offenses, he was not charged federally for his illicit
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sexual contact with minors, despite crossing State
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and international borders to commit this conduct.
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(7) The Department of Justice has also identi-
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fied a growing trend of Americans who use chari-
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table or missionary work in a foreign country as a
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cover for sexual abuse of children.
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(8) It is the intent of Congress to prohibit
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Americans from engaging in sexual abuse or exploi-
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tation of minors under the guise of work, including
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volunteer work, with an organization that affects
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interstate or foreign commerce, such as an inter-
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national charity.
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(9) Federal law does not require that an abus-
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er’s intention to engage in sexual abuse be a pri-
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mary, significant, dominant, or motivating purpose
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of the travel.
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† S 724 ES
(10) Child sexual abuse does not require phys-
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ical contact between the abuser and the child. This
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is especially true as perpetrators turn increasingly to
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internet platforms, online chat rooms, and webcams
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to commit child sexual abuse.
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(11) However, a decision of the United States
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Court of Appeals for the Seventh Circuit found the
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use of a webcam to engage in sexually provocative
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activity with a minor did not qualify as ‘‘sexual ac-
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tivity’’.
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(12) Congress can address this issue by amend-
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ing the definition of the term ‘‘sexual activity’’ to
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clarify that it does not require interpersonal, phys-
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ical contact.
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(13) It is the duty of Congress to provide clear-
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er guidance to ensure that those who commit crimes
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against children are prosecuted to the fullest extent
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of the law.
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SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.
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Section 2423 of title 18, United States Code, is
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amended—
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(1) in subsection (b), by striking ‘‘with a moti-
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vating purpose of engaging in any illicit sexual con-
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duct with another person’’ and inserting ‘‘with in-
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† S 724 ES
tent to engage in any illicit sexual conduct with an-
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other person’’;
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(2) by redesignating subsections (d), (e), (f),
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and (g) as subsections (e), (f), (g), and (i), respec-
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tively;
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(3) in subsection (e), as so redesignated, by
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striking ‘‘with a motivating purpose of engaging in
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any illicit sexual conduct’’ and inserting ‘‘with intent
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to engage in any illicit sexual conduct’’; and
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(4) by inserting after subsection (g), as so re-
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designated, the following:
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‘‘(h) RULE OF CONSTRUCTION.—As used in this sec-
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tion, the term ‘intent’ shall be construed as any intention
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to engage in illicit sexual conduct at the time of the trav-
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el.’’.
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SEC. 4. ABUSE UNDER THE GUISE OF CHARITY.
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Section 2423 of title 18, United States Code, as
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amended by section 3 of this Act, is amended—
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(1) by inserting after subsection (c) the fol-
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lowing:
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‘‘(d) ILLICIT SEXUAL CONDUCT
IN CONNECTION
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WITH CERTAIN ORGANIZATIONS.—Any citizen of the
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United States or alien admitted for permanent residence
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who—
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† S 724 ES
‘‘(1) is an officer, director, employee, or agent
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of an organization that affects interstate or foreign
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commerce;
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‘‘(2) makes use of the mails or any means or
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instrumentality of interstate or foreign commerce
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through the connection or affiliation of the person
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with such organization; and
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‘‘(3) commits an act in furtherance of illicit sex-
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ual conduct through the connection or affiliation of
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the person with such organization,
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shall be fined under this title, imprisoned for not more
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than 30 years, or both.’’;
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(2) in subsection (f), as so redesignated, by
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striking ‘‘or (d)’’ and inserting ‘‘(d), or (e)’’; and
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(3) in subsection (i), as so redesignated, by
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striking ‘‘(f)(2)’’ and inserting ‘‘(g)(2)’’.
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SEC. 5. SEXUAL ACTIVITY WITH MINORS.
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Section 2427 of title 18, United States Code, is
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amended by inserting ‘‘does not require interpersonal
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physical contact, and’’ before ‘‘includes’’.
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Passed the Senate March 8, 2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 724
AN ACT
To protect children against sexual abuse and
exploitation, and for other purposes.