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Committee clarifies CSAM production definition in response to court ruling, advances HR 6715
Summary
The committee favorably reported HR 6715, the Child Predators Accountability Act, which would expand the definition of producing child sexual-abuse material to include the intentional inclusion of a minor even if the child was passive, seeking to reverse effects of the Seventh Circuit's United States v. Howard decision.
Representative Mr. Harris (Representative from North Carolina) introduced HR 6715, the Child Predators Accountability Act. Harris said a Seventh Circuit decision (United States v. Howard) had narrowed the reach of 18 U.S.C. 2251(a) by requiring a showing that the minor actively participated in sexually explicit conduct; his bill would make clear that intentionally including a child in a depiction qualifies as production even if the child was passive.
Harris argued the statutory clarification is important to prosecute offenders who surreptitiously record or include minors in exploitative visual depictions. Several members, including the committee’s Ranking Member, spoke in favor of the bill and described the Howard decision as creating prosecutorial obstacles. An amendment in the nature of a substitute, described by the sponsor as making only short-title changes, was offered and adopted; the committee voted to report the bill favorably to the House and allowed two days for members to submit views.
Next steps: The committee ordered HR 6715 to be reported favorably; staff will consolidate the adopted amendments into a single amendment in the nature of a substitute for the record.
