WASHINGTON, D.C. – Today the U.S. House of Representatives is expected to consider legislation authored by Congresswoman Nancy Boyda (Kansas Second District) to punish the possession and distribution of child pornography.

Rep. Boyda's bill, the Effective Child Pornography Prosecution Act of 2007, H.R. 4120, will close a jurisdictional loophole that allowed a Kansas man who was convicted of possessing child pornography to escape punishment.

Rep. Boyda will address Congress today to describe her legislation. The prepared text of her remarks is below.

Madam Speaker,

The Department of Justice estimates that, in the last year, one in five children between the ages of 10 and 17 received a sexual solicitation or approach while they were using the Internet. With so many threats out there, Congress must provide a unified message that we, as a society, will not stand for anything less than a safe Internet. We are doing that today by considering five good pieces of legislation that will help keep our children safe. I am proud that my legislation, H.R. 4120, Effective Child Pornography Prosecution Act of 2007, is one of them.

In 2005, a northeast Kansas man, William Schaefer, was found guilty of both “knowingly receiving” and “knowingly possessing” child pornography that had been “transported in interstate commerce, by any means including by computer.”

Sadly, the 10th Circuit Court of Appeals overturned this decision, and the offender was not prosecuted to fullest extent of the law. The Court ruled that just because images are obtained on the Internet does not mean they were transmitted across state lines, and issued the following statements:

“We decline to assume that Internet use automatically equates with a movement across state lines."

“Congress’ use of the “in commerce” language, as opposed to phrasing such as “affecting commerce” or “facility of interstate commerce,” signals its decision to limit federal jurisdiction and require actual movement between states to satisfy interstate nexus.”

The Court essentially asked Congress to clarify its intent that the Internet is in fact interstate commerce. We can do that today by passing the Effective Child Pornography Prosecution Act of 2007. This legislation will close the jurisdictional loophole that allowed a guilty man to escape punishment.

As concerned citizens, parents, and Members of Congress, we must do all we can to keep our children safe. That means we must make a commitment to being tough on crime – to make sure that those who violate the law are fully prosecuted – to ensure that the law is so clear that it deters such heinous crimes from happening.