PROTECT Our Children Act of 2008/Title III

TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD ABUSE.

Section 2251 of title 18, United States Code is amended--

(1) in subsection (a), by--

(A) inserting `or for the purpose of transmitting a live visual depiction of such conduct' after `for the purpose of producing any visual depiction of such conduct';

(B) inserting `or transmitted' after `if such person knows or has reason to know that such visual depiction will be transported';

(C) inserting `or transmitted' after `if that visual depiction was produced'; and

(D) inserting `or transmitted' after `has actually been transported'; and

(2) in subsection (b), by--

(A) inserting `or for the purpose of transmitting a live visual depiction of such conduct' after `for the purpose of producing any visual depiction of such conduct';

(B) inserting `or transmitted' after `person knows or has reason to know that such visual depiction will be transported';

(C) inserting `or transmitted' after `if that visual depiction was produced'; and

(D) inserting `or transmitted' after `has actually been transported'.

SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES CODE.

Section 2256(5) of title 18, United States Code is amended by--

(1) striking `and' before `data';

(2) after `visual image' by inserting `, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format'.

SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES CODE.

Section 2260(a) of title 18, United States Code, is amended by--

(1) inserting `or for the purpose of transmitting a live visual depiction of such conduct' after `for the purpose of producing any visual depiction of such conduct'; and

(2) inserting `or transmitted' after `imported'.

SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD PORNOGRAPHY.

(a) Offense- Subsection (a) of section 2252A of title 18, United States Code, is amended--

(1) in paragraph (5), by striking `; or' at the end and inserting a semicolon;

(2) in paragraph (6), by striking the period at the end and inserting `; or'; and

(3) by inserting after paragraph (6) the following:

`(7) knowingly produces with intent to distribute, or distributes, by any means, including a computer, in or affecting interstate or foreign commerce, child pornography that is an adapted or modified depiction of an identifiable minor.'.

(b) Punishment- Subsection (b) of section 2252A of title 18, United States Code, is amended by adding at the end the following:

`(3) Whoever violates, or attempts or conspires to violate, subsection (a)(7) shall be fined under this title or imprisoned not more than 15 years, or both.'.