ENFORCE Act

119th CONGRESS1st SessionS. 3021IN THE SENATE OF THE UNITED STATESAN ACTTo 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.1.Short titleThis Act may be cited as the Enhancing Necessary Federal Offenses Regarding Child Exploitation Act or the ENFORCE Act.2.Clarifying production with respect to material constituting or containing child pornographySection 2252A of title 18, United States Code, is amended—(1)in subsection (a), by striking paragraph (7) and inserting the following:(7)knowingly produces child pornography, as defined in section 2256(8)(C), that—(A)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;(B)was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or(C)has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce,; and(2)in subsection (b)—(A)in paragraph (1), by striking or (6) and inserting (6), or (7); and(B)by striking paragraph (3).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 abuseSection 3299 of title 18, United States Code, is amended by inserting 1466A or before 1591.(b)Including crimes of obscene visual representations of child sexual abuse in sex offender registrationSection 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5)(A)(iii)) is amended by inserting 1466A or before 1591.(c)Prohibition on reproduction of obscene visual representations of child sexual abuse in discoverySection 1466A of title 18, United States Code, is amended—(1)by redesignating subsection (f) as subsection (g); and(2)by inserting after subsection (e) the following:(f)Prohibition on reproduction of obscene visual depictions of child sexual abuseIn any criminal proceeding brought under this section—(1)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(2)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 trialSection 3142 of title 18, United States Code, is amended—(1)in subsection (c)(1)(B), in the undesignated matter following clause (xiv), by striking that involves and all that follows through 2425 of this title and inserting that involves an offense described in subsection (e)(3)(E); and(2)in subsection (e)(3), by striking subparagraph (E) and inserting the following:(E)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..(e)Supervised release for violations of section 1466A after imprisonmentSection 3583(k) of title 18, United States Code, is amended, in the first sentence, by inserting 1466A, before 1591,.Passed the Senate December 16, 2025.Secretary

119 S3021 IS: Enhancing Necessary Federal Offenses Regarding Child Exploitation Act U.S. Senate 2025-10-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 119th CONGRESS 1st Session S. 3021

IN THE SENATE OF THE UNITED STATES October 21, 2025 Mr. Cornyn (for himself, Mr. Blumenthal, Mr. Lee, and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL 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. 1. Short title This Act may be cited as the Enhancing Necessary Federal Offenses Regarding Child Exploitation Act or the ENFORCE Act. 2. Clarifying production with respect to material constituting or containing child pornography Section 2252A of title 18, United States Code, is amended— (1) in subsection (a), by striking paragraph (7) and inserting the following: (7) knowingly produces child pornography, as defined in section 2256(8)(C), that— (A) 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; (B) was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or (C) has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce, ; and (2) in subsection (b)— (A) in paragraph (1), by striking or (6) and inserting (6), or (7); and (B) by striking paragraph (3). 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 1466A or before 1591. (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 (34 U.S.C. 20911(5)(A)(iii)) is amended by inserting 1466A or before 1591. (c) Prohibition on reproduction of obscene visual representations of child sexual abuse in discovery Section 1466A of title 18, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) 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— (1) 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 (2) 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— (1) in subsection (c)(1)(B), in the undesignated matter following clause (xiv), by striking that involves and all that follows through 2425 of this title and inserting that involves an offense described in subsection (e)(3)(E); and (2) in subsection (e)(3), by striking subparagraph (E) and inserting the following: (E) 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. . (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 1466A, before 1591,.