Washington, DC – U.S. Representative Judy Biggert (R-IL-13) today secured final approval of the Effective Child Pornography Prosecution Act, which will enable prosecutors to crack down on those using the Internet to send and receive sexually graphic images of children.  Biggert is the lead Republican cosponsor of the bill, H.R. 4120, which was introduced by Nancy Boyda (D-KS-02) last November.  The bill now heads to the White House, where the President is expected to sign it into law.
 
            “The children used to create these images suffer such terrible consequences,” said Biggert, Co-Chair of the Congressional Caucus on Missing and Exploited Children.  “No child should ever be put through that.  This new law will help to ensure that predators using the Internet to spread child pornography will end up behind bars -- where they belong.”
 
           According to Biggert, the bill was introduced following a decision by the Court of Appeals for the Tenth Circuit to overturn the conviction of a defendant who had used the Internet to obtain graphic images of children.  According to court documents, the decision in U.S. v. Schaefer resulted from a loophole in current law under which the acquisition of child pornography via the Internet did not necessarily constitute “interstate” commerce and therefore was not subject to Federal prosecution.
 
            “The judges who decided this case pointed out that the phrase ‘in commerce’ instead of ‘affecting commerce’ in the law limited federal jurisdiction in the prosecution of child pornographers,” said Biggert.  “That’s just wrong.  We must not allow those who sexually exploit children to avoid prosecution because of a technicality.”
 
           In order to close the loophole, H.R. 4120 clarifies current law and explicitly sets federal jurisdiction in cases where child pornographers transmit images online.  The bill passed the House last November, and was subsequently amended in the Senate to include additional provisions making it easier to prosecute those who willfully access child pornography on the Internet.  It was then sent back to the House, where it passed today by a vote of 418 to 0.
 
             A long-time advocate for homeless, runaway, and other vulnerable youth, Biggert last year secured passage and enactment of legislation that gives unaccompanied homeless youth greater access to federal student aid.  She also was the lead Republican cosponsor of H.R. 2517, the Protecting Our Children Comes First Act, which reauthorized the National Center for Missing and Exploited Children.  H.R. 2517 was signed into law on June 3, 2008.

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