ENFORCE Act · Introduced in Senate (2025-10-21) · Congress.wiki

S. 3021

119th CONGRESS 1st Session

To amend title 18, United States Code, to enhance enforcement with respect to material depicting obscene child sexual abuse or constituting child pornography, and for other purposes.

IN THE SENATE OF THE UNITED STATES · October 21, 2025 · Sponsor: Mr. Cornyn · Committee: Committee on the Judiciary

S. 3021

SEC. 1. Short title

This Act may be cited as the or the .

SEC. 2. Clarifying production with respect to material constituting or containing child pornography

Section 2252A of title 18, United States Code, is amended—
- knowingly produces child pornography, as defined in section 2256(8)(C), that—
  - the person knows, or has reason to know, will be mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce;
  - was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or
  - has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce,
- in subsection (a), by striking paragraph (7) and inserting the following:
- in subsection (b)—
  - in paragraph (1), by striking or (6)and inserting (6), or (7); and
  - by striking paragraph (3).

SEC. 3. Enhancing enforcement with respect to obscene visual representations of child sexual abuse

(a) Removing the statute of limitations for obscene visual representations of child sexual abuse
- Section 3299 of title 18, United States Code, is amended by inserting before .
(b) Including crimes of obscene visual representations of child sexual abuse in sex offender registration
- Section 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of 2006 () is amended by inserting before . 34 U.S.C. 20911(5)(A)(iii)
(c) Prohibition on reproduction of obscene visual representations of child sexual abuse in discovery
- Section 1466A of title 18, United States Code, is amended—
  - by redesignating subsection (f) as subsection (g); and
  - by inserting after subsection (e) the following:
    - (f) Prohibition on reproduction of obscene visual depictions of child sexual abuse
      - In any criminal proceeding brought under this section—
        
        any visual depiction involved in a violation of this section shall remain in the care, custody, and control of either the Government or the court in the same manner specified for child pornography in paragraphs (1) and (2) of section 3509(m); and
        
        any identifiable minor, as that term is defined in section 2256(9), depicted in any visual depiction involved in a violation of this section may have access to such depiction in the same manner specified for a victim, with respect to child pornography depicting the victim, in section 3509(m)(3).
(d) Presumption of detention for violations of section 1466A pending trial
- Section 3142 of title 18, United States Code, is amended—
  - in subsection (c)(1)(B), in the undesignated matter following clause (xiv), by striking that involvesand all that follows through and inserting 2425 of this title; and
    - an offense—
      - (i) involving a minor victim under section 1201, 1591, 2241(a), 2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of this title; or
      - (ii) under section 1466A(a), 2241(c), 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2422(b), 2423, or 2425 of this title.
  - in subsection (e)(3), by striking subparagraph (E) and inserting the following:
(e) Supervised release for violations of section 1466A after imprisonment
- Section 3583(k) of title 18, United States Code, is amended, in the first sentence, by inserting before .