WASHINGTON – U.S. Senators John Cornyn (R-TX), Amy Klobuchar (D-MN), Chuck Grassley (R-IA), and Katie Britt (R-AL) today introduced the Child Predators Accountability Act, which would ensure that law enforcement can continue to charge and prosecute child sexual abusers for producing child sexual abusive material (CSAM) that depicts a minor who is asleep, unconscious, or otherwise passive:

“Any sick human being who takes advantage of an innocent child while they’re asleep or unconscious must be prosecuted to the fullest extent of the law,” said Sen. Cornyn. “By closing legal loopholes being exploited by criminals, this legislation would make abundantly clear that these heinous individuals can and should be brought to justice for the crime of child pornography and prevent any offender from evading tougher penalties on a technicality.”

“We must do everything we can to protect our children from online exploitation and sexual abuse, including closing loopholes in existing law that prevent the prosecution of abusers,” said Sen. Klobuchar. “Our bipartisan legislation will ensure that those who abuse children are held fully accountable.”

“Congress must protect children from abuse and ensure all predators are held accountable for their disgusting crimes,” said Sen. Grassley. “By closing this legal loophole, the bipartisan Child Predators Accountability Act makes clear that child exploitation will never be tolerated, and anyone who uses children in any sexually exploitative context will face justice.”

“One of our most important duties in Congress is to be a voice to the voiceless and protect the most vulnerable among us—our children,” said Sen. Britt. “This bipartisan effort would help ensure no child predators slip through the cracks and that justice is deservedly served to these heinous individuals. I’m tremendously grateful for my colleagues’ leadership on this, and I hope it is passed by the Senate expeditiously and signed into law.”

This legislation is endorsed by Raven, National Children’s Alliance (NCA), Rights4Girls, National District Attorneys Association (NDAA), Association of State Criminal Investigative Agencies (ASCIA), and Major Counties Sheriffs Association (MCSA).

Background:

In August 2017, law enforcement arrested Matthew Howard on suspicion of possession of child pornography. A subsequent search of Howard’s computer uncovered a trove of child pornography, including at least two videos where Howard produced sexually explicit content depicting his nine-year-old niece. Howard subsequently pled guilty to possessing pornographic images of other minors, but contested the charges related to producing child pornography involving his niece, on the basis that she was asleep and therefore did not “engage” in any sexually explicit conduct. The district court rejected Howard’s argument, but in United States v. Howard, the Seventh Circuit court agreed and reversed the child pornography convictions, holding that a perpetrator does not violate the production of child pornography statute if the minor victim is a passive participant in the sexual offender’s explicit conduct. This court decision sets up a dangerous legal precedent. If other judges apply the same logic to future cases, it could threaten prosecutions for offenders who surreptitiously film minors without their knowledge when they are sleeping, drugged, or otherwise unconscious.

Sen. Cornyn’s legislation would address this issue by amending current law to clarify that the passive engagement of a child in sexually explicit conduct violates federal law prohibiting the production of child pornography. This legislation is in accordance with what most previous courts have long held and interpreted current law to mean.

The Child Predators Accountability Act would amend current law by:

• Updating the current definition of “engage in” under 18 U.S.C. § 2256 to include both active and passive participation of a minor;
• And adding the depiction of minors in an offender’s sexually explicit conduct for crimes related to the production of child sexual abuse material.