Summary: H.R.1761 — 115th Congress (2017-2018)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (05/25/2017)

(This measure has not been amended since it was reported to the House on May 22, 2017. The summary of that version is repeated here.)

Protecting Against Child Exploitation Act of 2017

(Sec. 2) This bill makes it a federal crime, subject to certain jurisdictional requirements, to: (1) knowingly produce or cause to be produced a visual depiction of a minor engaged in any sexually explicit conduct; (2) knowingly transmit a live depiction of a minor engaged in sexually explicit conduct; (3) have a minor assist any other person in producing or transmitting a depiction of a minor engaged in sexually explicit conduct; and (4) as parent or legal guardian, knowingly permit a minor to engage in sexually explicit conduct knowing that a visual depiction of such conduct will be produced or transmitted.

The bill removes the "purpose" requirement for certain offenses involving the sexual exploitation of children occurring outside of the United States or within its territories or possessions.

No criminal charges related to transmitting a live visual depiction of a minor engaged in sexually explicit conduct may be brought against an electronic communication service provider or remote computing service provider unless such provider has intentionally transmitted the visual depiction with actual knowledge of its content.

(Sec. 3) Subject to certain exceptions, a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain name registrar arising from the response to a search warrant or other legal process under various federal laws relating to sexual exploitation and other abuse of children may not be brought in any federal or state court.