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« 18 USCA prec. § 1460 >> 
(b) TECHNICAL AND CONFORMING AMENDMENT.--The table of sections at the beginning of such 
chapter is amended by inserting after the item relating to section 1466 the following new item: 
"1466A. Obscene visual representations of the sexual abuse of children.". 
<< 18 USCA § 1466A NOTE >> 
(c) SENTENCING GUIDELINES.--
(1) CATEGORY.--Except as provided in paragraph (2), the applicable category of offense to be used in determ-
ining the sentencing range referred to in section 3553(aX4) of title 18, United States Code, with respect to any 
person convicted under section I466A of such title, shall be the category of offenses described in section 2G2.2 
of the Sentencing Guidelines. 
« 28 USCA § 994 NOTE » 
(2) RANGES.--The Sentencing Commission may promulgate guidelines specifically governing offenses under 
section 1466A of title 18, United States Code, if such guidelines do not result in sentencing ranges that are lower 
than those that would have applied under paragraph ( I). 
<< 18 USCA § 2252A >> 
SEC. 505. ADMISSIBILITY OF EVIDENCE. 
Section 2252A of title 18, United States Code, is amended by adding at the end the following: 
"(e) ADMISSIBILITY OF EVIDENCE.--On motion of the government, in any prosecution under this chapter or 
section 1466A, except for good cause shown, the name, address, social security number, or other nonphysical 
identifying information, other than the age or approximate age, of any minor who is depicted in any •683 child 
pornography shall not be admissible and may be redacted from any otherwise admissible evidence, and the jury 
shall be instructed, upon request of the United States, that it can draw no inference from the absence of such 
evidence in deciding whether the child pornography depicts an actual minor.". 
SEC. 506. EXTRATERRITORIAL PRODUCTION OF CHILD PORNOGRAPHY FOR DISTRIBUTION IN 
THE UNITED STATES. 
Section 2251 of title 18, United States Code, is amended--
«18 USCA § 2251 >> 
(1) by striking "subsection (d)" each place that term appears and inserting "subsection (e)"; 
<< 18 USCA § 2251 >> 
(2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and 
«18 USCA § 2251 » 
(3) by inserting after subsection (b) the following: 
"(c)( I) Any person who, in a circumstance described in paragraph (2), employs, uses, persuades, induces, en-
tices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, any sexually 
explicit conduct outside of the United States, its territories or possessions, for the purpose of producing any 
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visual depiction of such conduct, shall be punished as provided under subsection (e). 
"(2) The circumstance referred to in paragraph (1) is that--
"(A) the person intends such visual depiction to be transported to the United States, its territories or possessions, 
by any means, including by computer or mail; or 
"(B) the person transports such visual depiction to the United States, its territories or possessions, by any means, 
including by computer or mail.". 
« 18 USCA §§ 2251, 2252, 2252A » 
SEC. 507. STRENGTHENING ENHANCED PENALTIES FOR REPEAT OFFENDERS. 
Sections 2251(e) (as redesignated by section 506(2)), 2252(6), and 2252A(b) of title IS, United States Code, are 
each amended--
(1) by inserting "chapter 71," immediately before each occurrence of "chapter 109A,"; and 
(2) by inserting "or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice)," immedi-
ately before each occurrence of "or under the laws". 
SEC. 508. SERVICE PROVIDER REPORTING OF CHILD PORNOGRAPHY AND RELATED INFORMA-
TION. 
(a) Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) is amended--
« 42 USCA § 13032 » 
(I) in subsection (b)(1)--
(A) by inserting "225213," after "2252A,"; and 
(B) by inserting "or a violation of section 1466A of that title," after "of that title),"; 
«42 USCA § 13032 » 
(2) in subsection (c), by inserting "or pursuant to" after "to comply with"; 
« 42 USCA § 13032 » 
(3) by amending subsection ((XI XD) to read as follows: 
"(D) where the report discloses a violation of State criminal law, to an appropriate official of a State or subdi-
vision of a State for the purpose of enforcing such State law."; 
«42 USCA § 13032» 
(4) by redesignating paragraph (3) of subsection (b) as paragraph (4); and 
«42 USCA § 13032 » 
(5) by inserting after paragraph (2) of subsection (b) the following new paragraph: 
•684 "(3) In addition to forwarding such reports to those agencies designated in subsection (b)(2), the National 
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Center for Missing and Exploited Children is authorized to forward any such report to an appropriate official of 
a state or subdivision of a state for the purpose of enforcing state criminal law.". 
(b) Section 2702 of title 18, United States Code, is amended—
(1) in subsection (b)--
«18 USCA § 2702 » 
(A) in paragraph (6), by striking subparagraph (B); 
<< 18 USCA § 2702 » 
(B) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8) respectively; 
« 18 USCA § 2702 » 
(C) by striking "or" at the end of paragraph (5); and 
(D) by inserting after paragraph (5) the following new paragraph: 
"(6) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto 
under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032);"; and 
(2) in subsection (c)—
« 18 USCA § 2702 >> 
(A) by striking "or" at the end of paragraph (4); 
« 18 USCA § 2702 >> 
(B) by redesignating paragraph (5) as paragraph (6); and 
« 18 USCA § 2702 » 
(C) by adding after paragraph (4) the following new paragraph: 
"(5) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto 
under section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032); or. 
« 18 USCA § 3486 >> 
SEC. 509. INVESTIGATIVE AUTHORITY RELATING TO CHILD PORNOGRAPHY. 
Section 3486(aX1XCXi) of title 18, United States Code, is amended by striking "the name, address" and all that 
follows through "subscriber or customer utilized" and inserting "the information specified in section 2703(cX2)". 
« 18 USCA § 2252A » 
SEC. 510. CIVIL REMEDIES. 
Section 2252A of title 18, United States Code, as amended by this Act, is amended by adding at the end the fol-
lowing: 
"(f) CIVIL REMEDIES.—
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"(1) IN GENERAL.—Any person aggrieved by reason of the conduct prohibited under subsection (a) or (b) or 
section 1466A may conunence a civil action for the relief set forth in paragraph (2). 
"(2) RELIEF.—hi any action commenced in accordance with paragraph (1), the court may award appropriate re-
lief, including—
"(A) temporary, preliminary, or permanent injunctive relief; 
"(B) compensatory and punitive damages; and 
"(C) the costs of the civil action and reasonable fees for attorneys and expert witnesses.". 
SEC. 511. RECORDKEEPING REQUIREMENTS. 
(a) IN GENERAL.—Section 2257 of title 18, United States Code, is amended--
. « 18 USCA § 2257 » 
(1) in subsection (dX2), by striking "of this section" and inserting "of this chapter or chapter 71,"; 
« 18 USCA § 2257 » 
*685 (2) in subsection (hX3), by inserting ", computer generated image, digital image, or picture," after "video 
tape"; and 
«18 USCA § 2257 » 
(3) in subsection (i)--
(A) by striking "not more than 2 years" and inserting "not more than 5 years"; and 
(B) by striking "5 years" and inserting "10 years". 
« 18 USCA § 2257 NOTE >> 
(b) REPORT.—Not later than 1 year after enactment of this Act, the Attorney General shall submit to Congress a 
report detailing the number of times since January 1993 that the Department of Justice has inspected the records 
of any producer of materials regulated pursuant to section 2257 of title 18, United States Code, and section 75 of 
title 28 of the Code of Federal Regulations. The Attorney General shall indicate the number of violations prosec-
uted as a result of those inspections. 
«28 USCA § 994 NOTE » 
SEC. 512. SENTENCING ENHANCEMENTS FOR INTERSTATE TRAVEL TO ENGAGE IN SEXUAL ACT 
WITH A JUVENILE. 
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this sec-
tion, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing 
Guidelines and policy statements to ensure that guideline penalties are adequate in cases that involve interstate 
travel with the intent to engage in a sexual act with a juvenile in violation of section 2423 of title 18, United 
States Code, to deter and punish such conduct. 
SEC. 513. MISCELLANEOUS PROVISIONS. 
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(a) APPOINTMENT OF TRIAL ATTORNEYS.--
(1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Attorney General shall 
appoint 25 additional trial attorneys to the Child Exploitation and Obscenity Section of the Criminal Division of 
the Department of Justice or to appropriate United States Attorney's Offices, and those trial attorneys shall have 
as their primary focus, the investigation and prosecution of Federal child pornography and obscenity laws. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Department of 
Justice such sums as may be necessary to carry out this subsection. 
:c:c 18 USCA § 1466A NOTE » 
(b) REPORT TO CONGRESSIONAL COMMITTEES.--
(1) IN GENERAL.—Not later than 9 months after the date of enactment of this Act, and every 2 years thereafter, 
the Attorney General shall report to the Chairpersons and Ranking Members of the Committees on the Judiciary 
of the Senate and the House of Representatives on the Federal enforcement actions under chapter 110 or section 
1466A of title 18, United States Code. 
(2) CONTENTS.—The report required under paragraph (1) shall include--
(A) an evaluation of the prosecutions brought under chapter 110 or section 1466A of title 18, United States Code; 
(B) an outcome-based measurement of performance; and 
(C) an analysis of the technology being used by the child pornography industry. 
« 28 USCA § 994 NOTE » 
(c) SENTENCING GUIDELINES.—Pursuant to its authority under section 994(p) of title 28, United States 
Code, and in accordance *686 with this section, the United States Sentencing Commission shall review and, as 
appropriate, amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines are ad-
equate to deter and punish conduct that involves a violation of paragraph (3)(B) or (6) of section 2252A(a) of 
title 18, United States Code, as created by this Act. With respect to the guidelines for section 2252A(aX3)(B), 
the Commission shall consider the relative culpability of promoting, presenting, describing, or distributing ma-
terial in violation of that section as compared with solicitation of such material. 
Subtitle B—Truth in Domain Names 
SEC. 521. MISLEADING DOMAIN NAMES ON THE INTERNET. 
« 18 USCA § 2252B >> 
(a) IN GENERAL.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2252A the 
following: 
"§ 2252B. Misleading domain names on the Internet 
"(a) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a person into 
viewing material constituting obscenity shall be fined under this title or imprisoned not more than 2 years, or both. 
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"(b) Whoever knowingly uses a misleading domain name on the Internet with the intent to deceive a minor into 
viewing material that is harmful to minors on the Internet shall be fined under this title or imprisoned not more 
than 4 years, or both. 
"(c) For the purposes of this section, a domain name that includes a word or words to indicate the sexual content 
of the site, such as 'sex' or 'porn, is not misleading. 
"(d) For the purposes of this section, the term 'material that is harmful to minors' means any communication, 
consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context--
"(1) predominantly appeals to a prurient interest of minors; 
"(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suit-
able material for minors; and 
"(3) lacks serious literary, artistic, political, or scientific value for minors. 
"(e) For the purposes of subsection (d), the term 'sex' means acts of masturbation, sexual intercourse, or physcial 
contact with a person's genitals, or the condition of human male or female genitals when in a state of sexual 
stimulation or arousal.". 
c< 18 USCA prec. § 2251 >> 
(b) CLERICAL AMENDMENT.--The table of sections at the beginning of chapter 110 of title 18, United States 
Code, is amended by inserting after the item relating to section 2252A the following new item: 
"225213. Misleading domain names on the Internet.". 
TITLE VI--MISCELLANEOUS PROVISIONS 
SEC. 601. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE. 
«18 USCA § 25 >> 
Chapter 1 of title 18, United States Code, is amended by adding at the end the following: 
*687 "§ 25. Use of minors in crimes of violence 
"(a) DEFINITIONS.--In this section, the following definitions shall apply: 
"(I) CRIME OF VIOLENCE.--The term 'crime of violence' has the meaning set forth in section 16. 
"(2) MINOR.--The term 'minor means a person who has not reached 18 years of age. 
"(3) USES.--The term 'uses' means employs, hires, persuades, induces, entices, or coerces. 
"(b) PENALTIES.--Any person who is 18 years of age or older, who intentionally uses a minor to commit a 
crime of violence for which such person may be prosecuted in a court of the United States, or to assist in avoid-
ing detection or apprehension for such an offense, shall--
"(I) for the first conviction, be subject to twice the maximum term of imprisonment and twice the maximum fine 
that would otherwise be authorized for the offense; and 
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"(2) for each subsequent conviction, be subject to 3 times the maximum term of imprisonment and 3 times the 
maximum fine that would otherwise be authorized for the offense.". 
« 18 USCA prec. § 1 >> 
(b) CLERICAL AMENDMENT.--The table of sections at the beginning of chapter 1 of title 18, United States 
Code, is amended by adding at the end the following: 
"25. Use of minors in crimes of violence.". 
SEC. 602. SENSE OF CONGRESS. 
(a) FOCUS OF INVESTIGATION AND PROSECUTION.--It is the sense of Congress that the Child Exploita-
tion and Obscenity Section of the Criminal Division of the Department of Justice should focus its investigative 
and prosecutorial efforts on major producers, distributors, and sellers of obscene material and child pornography 
that use misleading methods to market their material to children. 
(b) VOLUNTARY LIMITATION ON WEBSITE FRONT PAGES.--It is the sense of Congress that the online 
commercial adult entertainment industry should voluntarily refrain from placing obscenity, child pornography, 
or material that is harmful to minors on the front pages of their websites to protect juveniles from material that 
may negatively impact their social, moral, and psychological development. 
SEC. 603. COMMUNICATIONS DECENCY ACT OF 1996. 
Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended--
( I ) in subsection (aX1)--
« 47 USCA § 223 >> 
(A) in subparagraph (A), by striking ", lewd, lascivious, filthy, or indecent" and inserting "or child porno-
graphy"; and 
«47 USCA § 223 >> 
(B) in subparagraph (B), by striking "indecent" and inserting "child pornography"; and 
«47 USCA § 223 >> 
(2) in subsection (dXl), by striking ", in context, depicts or describes, in terms patently offensive as measured 
by contemporary community standards, sexual or excretory activities or organs" and inserting "is obscene or 
child pornography". 
*688 SEC. 604. INTERNET AVAILABILITY OF INFORMATION CONCERNING REGISTERED SEX OF-
FENDERS. 
«42 USCA § 14071 » 
(a) IN GENERAL.--Section 170101(eX2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 14071(eX2)) is amended by adding at the end the following: "The release of information under this para-
graph shall include the maintenance of an Internet site containing such information that is available to the public 
and instructions on the process for correcting information that a person alleges to be erroneous.". 
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«42 USCA § 14071 NOTE >> 
(b) COMPLIANCE DATE.—Each State shall implement the amendment made by this section within 3 years 
after the date of enactment of this Act, except that the Attorney General may grant an additional 2 years to a 
State that is making a good faith effort to implement the amendment made by this section. 
«42 USCA § 14071 NOTE » 
(c) NATIONAL INTERNET SITE.—The Crimes Against Children Section of the Criminal Division of the De-
partment of Justice shall create a national Internet site that links all State Internet sites established pursuant to 
this section. 
SEC. 605. REGISTRATION OF CHILD PORNOGRAPHERS IN THE NATIONAL SEX OFFENDER RE-
GISTRY. 
(a) JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDER RE-
GISTRATION PROGRAM.-Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14071) is amended—
«42 USCA § 14071 >> 
(1) by striking the section heading and inserting the following: 
"SEC. 170101. JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OF-
FENDER REGISTRATION PROGRAM."; 
and 
(2) in subsection (aX3)—
« 42 USCA § 14071 » 
(A) in clause (vii), by striking ..or at the end; 
«42 USCA § 14071 >> 
(B) by redesignating clause (viii) as clause (ix); and 
«42 USCA § 14071 >> 
(C) by insetting after clause (vii) the following: 
"(viii) production or distribution of child pornography, as described in section 2251, 2252, or 2252A of title 
18, United States Code; or". 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Department of 
Justice, for each of fiscal years 2004 through 2007, such sums as may be necessary to carry out the amendments 
made by this section. 
«42 USCA § 14071 >> 
SEC. 606. GRANTS TO STATES FOR COSTS OF COMPLIANCE WITH NEW SEX OFFENDER RE-
GISTRY REQUIREMENTS. 
Section 170101(iX3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(iX3) is 
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amended to read as follows: 
"(3) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated for each of the fiscal 
years 2004 through 2007 such sums as may be necessary to carry out the provisions of section 1701(O10) of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)(10)), as added by the PROTECT 
Act". 
*689 SEC. 607. SAFE ID ACT. 
« 18 USCA § 1001 NOTE >> 
(a) SHORT TITLE.--This section may be cited as the "Secure Authentication Feature and Enhanced Identifica-
tion Defense Act of 2003" or "SAFE ID Act". 
(b) FRAUD AND FALSE STATEMENTS.--
(1) OFFENSES.--Section 1028(a) of title 18, United States Code, is amended--
<< 18 USCA § 1028 >> 
(A) in paragraph (1), by inserting ", authentication feature," after "an identification document"; 
<< 18 USCA § 1028 >> 
(B) in paragraph (2)--
(i) by inserting ", authentication feature," after "an identification document"; and 
(ii) by inserting "or feature" after "such document"; 
<< 18 USCA § 1028 >> 
(C) in paragraph (3), by inserting ", authentication features," after "possessor)", 
« 18 USCA § 1028 » 
(D) in paragraph (4)--
(i) by inserting ", authentication feature," after "possessor)"; and 
(ii) by inserting "or feature" after "such document"; 
« 18 USCA § 1028 » 
(E) in paragraph (5), by inserting "or authentication feature" after "implement" each place that term appears; 
« 18 USCA § 1028 » 
(F) in paragraph (6)--
(i) by inserting "or authentication feature" before "that is or appears"; 
(ii) by inserting "or authentication feature" before "of the United States"; 
(iii) by inserting "or feature" after "such document"; and 
(iv) by striking "or" at the end; 
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« 18 USCA § 1028 >> 
(G) in paragraph (7), by inserting "or" after the semicolon; and 
<< 18 USCA § 1028 >> 
(H) by inserting after paragraph (7) the following: 
"(8) knowingly traffics in false authentication features for use in false identification documents, document-mak-
ing implements, or means of identification;". 
(2) PENALTIES.--Section 1028(b) of title I8, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
« 18 USCA § 1028 » 
(I) by inserting ", authentication feature," before "or false"; and 
« 18 USCA § 1028 » 
(II) in clause (i), by inserting "or authentication feature" after "document"; and 
« 18 USCA § 1028 » 
(ii) in subparagraph (B), by inserting ", authentication features," before "or false"; and 
« 18 USCA § 1028 >> 
(B) in paragraph (2)(A), by inserting ", authentication feature," before "or a false". 
« 18 USCA § 1028 » 
(3) CIRCUMSTANCES.--Section 1028(cX1) of title 18, United States Code, is amended by inserting ", authen-
tication feature," before "or false" each place that term appears. 
(4) DEFINITIONS.--Section 1028(d) of title 18, United States Code, is amended--
« 18 USCA § 1028 >> 
(A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (7), (8), (9), 
(10), and (II), respectively; 
« 18 USCA § 1028 >> 
(B) by inserting before paragraph (2), as redesignated, the following: 
*690 "(1) the term 'authentication feature' means any hologram, watermark, certification, symbol, code, image, 
sequence of numbers or letters, or other feature that either individually or in combination with another feature is 
used by the issuing authority on an identification document, document-making implement, or means of identific-
ation to determine if the document is counterfeit, altered, or otherwise falsified;"; 
« 18 USCA § 1028 >> 
(C) in paragraph (4)(A), as redesignated, by inserting "or was issued under the authority of a governmental en-
tity but was subsequently altered for purposes of deceit" after "entity"; 
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« 18 USCA § 1028 » 
(D) by inserting after paragraph (4), as redesignated, the following: 
"(5) the term 'false authentication feature' means an authentication feature that--
"(A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or 
altered for purposes of deceit; 
"(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issu-
ing authority and not in connection with a lawfully made identification document, document-making implement, 
or means of identification to which such authentication feature is intended to be affixed or embedded by the re-
spective issuing authority; or 
"(C) appears to be genuine, but is not; 
"(6) the term 'issuing authority'--
"(A) means any governmental entity or agency that is authorized to issue identification documents, means of 
identification, or authentication features; and 
"(B) includes the United States Government, a State, a political subdivision of a State, a foreign government, a 
political subdivision of a foreign government, or an international government or quasi-governmental organiza-
tion;"; 
« 18 USCA § 1028 >> 
(E) in paragraph (10), as redesignated, by striking "and" at the end; 
« 18 USCA § 1028 >> 
(F) in paragraph (11), as redesignated, by striking the period at the end and inserting "; and"; and 
« 18 USCA § 1028 » 
(G) by adding at the end the following: 
"(12) the term 'traffic' means--
"(A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or 
"(B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.". 
(5) ADDITIONAL PENALTIES.--Section 1028 of title 18, United States Code, is amended--
« 18 USCA § 1028 » 
(A) by redesignating subsection (h) as subsection (i); and 
« 18 USCA § 1028>> 
(B) by inserting after subsection (g) the following: 
"(h) FORFEITURE; DISPOSITION.--In the circumstance in which any person is convicted of a violation of 
subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other 
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disposition of all illicit authentication features, identification documents, document-making implements, or 
means of identification.". 
<< 18 USCA § 1028 >> 
(6) TECHNICAL AND CONFORMING AMENDMENT.—Section 1028 of title 18, United States Code, is 
amended in the heading *691 by inserting ", AUTHENTICATION FEATURES," after "DOCUMENTS". 
SEC. 608. ILLICIT DRUG ANTI-PROLIFERATION ACT. 
<< 21 USCA § 801 NOTE » 
(a) SHORT TITLE.—This section may be cited as the "Illicit Drug Anti-Proliferation Act of 2003". 
(b) OFFENSES.-
(1) IN GENERAL.-Section 416(a) of the Controlled Substances Act (21 U.S.C. 856(a)) is amended--
<< 21 USCA § 856 >> 
(A) in paragraph (1), by striking "open or maintain any place" and inserting "open, lease, rent, use, or maintain 
any place, whether permanently or temporarily,"; and 
<< 21 USCA § 856» 
(B) by striking paragraph (2) and inserting the following: 
"(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, em-
ployee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for 
use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, 
or using a controlled substance.". 
<< 21 USCA § 856 >> 
(2) TECHNICAL AMENDMENT.—The heading to section 416 of the Controlled Substances Act (21 U.S.C. 
856) is amended to read as follows: 
"SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.". 
(3) CONFORMING AMENDMENT.—The table of contents to tide II of the Comprehensive Drug Abuse and 
Prevention Act of 1970 is amended by striking the item relating to section 416 and inserting the following: 
"Sec. 416. Maintaining drug-involved premises.". 
<< 21 USCA § 856» 
(e) CIVIL 
PENALTY 
AND 
EQUITABLE 
RELIEF 
FOR MAINTAINING 
DRUG-INVOLVED 
PREMISES.-Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at the end the 
following: 
"(dX1) Any person who violates subsection (a) shall be subject to a civil penalty of not more than the greater of- - 
"(A) $250,000; or 
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"(B) 2 times the gross receipts, either known or estimated, that were derived from each violation that is attribut-
able to the person. 
"(2) If a civil penalty is calculated under paragraph (1)(B), and there is more than I defendant, the court may ap-
portion the penalty between multiple violators, but each violator shall be jointly and severally liable for the civil 
penalty under this subsection. 
"(e) Any person who violates subsection (a) shall be subject to declaratory and injunctive remedies as set forth 
in section 403(07. 
«21 USCA § 843 >> 
« 21 USCA § 843 
(d) DECLARATORY AND INJUNCTIVE REMEDIES.--Section 4030)(1) of the Controlled Substances Act 
(21 U.S.C. 843(f)(1)) is amended by striking "this section or section 402" and inserting "this section, section 
402, or 416". 
« 28 USCA § 994 NOTE >> 
(e) SENTENCING COMMISSION GUIDELINES.--The United States Sentencing Commission shall--
(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB); 
*692 (2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those 
penalties reflect the seriousness of offenses involving GlIB and the need to deter them; and 
(3) take any other action the Commission considers necessary to carry out this section. 
(0 AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION COORDINATOR.--There is 
authorized to be appropriated $5,900,000 to the Drug Enforcement Administration of the Department of Justice 
for the hiring of a special agent in each State to serve as a Demand Reduction Coordinator. 
(g) AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.--There is authorized to be appro-
priated such sums as necessary to the Drug Enforcement Administration of the Department of Justice to educate 
youth, parents, and other interested adults about club drugs. 
SEC. 609. DEFINITION OF VEHICLE. 
Section 1993(c) of title 18, United States Code, is amended--
cc 18 USCA § 1993 » 
(1) in paragraph (7), by striking "and" at the end; 
<< 18 USCA § 1993 >> 
(2) in paragraph (8), by striking the period at the end and inserting "; and"; and 
« 18 USCA § 1993>> 
(3) by adding at the end the following: 
"(9) the term 'vehicle' means any carriage or other contrivance used, or capable of being used, as a means of 
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transportation on land, water, or through the air.". 
SEC. 610. AUTHORIZATION OF JOHN DOE DNA INDICTMENTS. 
(a) LIMITATION.--Section 3282 of title 18, United States Code, is amended--
« 18 USCA § 3282 » 
(1) by striking "Except" and inserting the following: 
"(a) IN GENERAL.--Except"; and 
« 18 USCA § 3282 >> 
(2) by adding at the end the following: 
"(b) DNA PROFILE INDICTMENT.--
"(1) IN GENERAL.--In any indictment for an offense under chapter 109A for which the identity of the accused 
is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has 
a particular DNA profile. 
"(2) EXCEPTION.--Any indictment described under paragraph (1), which is found not later than 5 years after 
the offense under chapter 109A is committed, shall not be subject to--
"(A) the limitations period described under subsection (a); and 
"(B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with 
the charges contained in the indictment. 
"(3) DEFINED TERM.--For purposes of this subsection, the term 'DNA profile' means a set of DNA identifica-
tion characteristics.". 
FRCRP Rule 7 » 
(b) RULES OF CRIMINAL PROCEDURE.--Rule 7(c)( I ) of the Federal Rules of Criminal Procedure is 
amended by adding at the end the following: "For purposes of an indictment referred to in section 3282 of title 
18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indict-
ment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, 
as that term is defined in that section 3282.". 
*693 SEC. 611. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMEST-
IC VIOLENCE, STALKING, OR SEXUAL ASSAULT. 
Subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 13701 note; 108 Stat. 1925) is amended by 
adding at the end the following: 
"CHAPTER 11--TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF 
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT 
<< 42 USCA § 13975 >> 
"SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC 
VIOLENCE, STALKING, OR SEXUAL ASSAULT. 
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"(a) IN GENERAL.--The Attorney General, acting in consultation with the Director of the Violence Against 
Women Office of the Department of Justice, shall award grants under this section to States, units of local gov-
ernment, Indian tribes, and other organizations (referred to in this section as the 'recipient') to carry out pro-
grams to provide assistance to minors, adults, and their dependents--
"(1) who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situ-
ation of domestic violence; and 
"(2) for whom emergency shelter services or other crisis intervention services arc unavailable or insufficient. 
"(b) GRANTS.--Grants awarded under this section may be used for programs that provide--
"(1) short-term housing assistance, including rental or utilities payments assistance and assistance with related 
expenses such as payment of security deposits and other costs incidental to relocation to transitional housing for 
persons described in subsection (a); and 
"(2) support services designed to enable a minor, an adult, or a dependent of such minor or adult, who is fleeing 
a situation of domestic violence to--
"(A) locate and secure permanent housing; and 
"(B) integrate into a community by providing that minor, adult, or dependent with services, such as transporta-
tion, counseling, child care services, case management, employment counseling, and other assistance. 
"(c) DURATION.--
"(1) IN GENERAL.--Except as provided in paragraph (2), a minor, an adult, or a dependent, who receives assist-
ance under this section shall receive that assistance for not more than 18 months. 
"(2) WAIVER.--The recipient of a grant under this section may waive the restriction under paragraph (I) for not 
more than an additional 6 month period with respect to any minor, adult, or dependent, who--
"(A) has made a good-faith effort to acquire permanent housing; and 
"(B) has been unable to acquire permanent housing. 
"(d) APPLICATION.--
"(1) IN GENERAL--Each eligible entity desiring a grant under this section shall submit an application to the 
Attorney General at such time, in such manner, and accompanied by *694 such information as the Attorney 
General may reasonably require. 
"(2) CONTENTS.--Each application submitted pursuant to paragraph (1) shall--
"(A) describe the activities for which assistance under this section is sought; and 
"(B) provide such additional assurances as the Attorney General determines to be essential to ensure compli-
ance with the requirements of this section. 
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"(3) APPLICATION --Nothing in this subsection shall be construed to require--
"(A) victims to participate in the criminal justice system in order to receive services; or 
"(B) domestic violence advocates to breach client confidentiality. 
"(e) REPORT TO THE ATTORNEY GENERAL.--
"(1) IN GENERAL.--A recipient of a grant under this section shall annually prepare and submit to the Attorney 
General a report describing--
"(A) the number of minors, adults, and dependents assisted under this section; and 
"(B) the types of housing assistance and support services provided under this section. 
"(2) CONTENTS.--Each report prepared and submitted pursuant to paragraph (1) shall include information re-
garding--
"(A) the amount of housing assistance provided to each minor, adult, or dependent, assisted under this section 
and the reason for that assistance; 
"(B) the number of months each minor, adult, or dependent, received assistance under this section; 
"(C) the number of minors, adults, and dependents who--
"(i) were eligible to receive assistance under this section; and 
"(ii) were not provided with assistance under this section solely due to a lack of available housing; and 
"(D) the type of support services provided to each minor, adult, or dependent, assisted under this section. 
"0) REPORT TO CONGRESS.--
"(1) REPORTING REQUIREMENT.--The Attorney General, with the Director of the Violence Against Women 
Office, shall annually prepare and submit to the Committee on the Judiciary of the House of Representatives and 
the Committee on the Judiciary of the Senate a report that contains a compilation of the information contained in 
the report submitted under subsection (e). 
"(2) AVAILABILITY OF REPORT.--In order to coordinate efforts to assist the victims of domestic violence, 
the Attorney General, in coordination with the Director of the Violence Against Women Office, shall transmit a 
copy of the report submitted under paragraph (1) to--
"(A) the Office of Community Planning and Development at the United States Department of Housing and 
Urban Development; and 
"(B) the Office of Women's Health at the United States Department of Health and Human Services. 
"(g) AUTHORIZATION OF APPROPRIATIONS.--
*695 "(1) IN GENERAL.--There are authorized to be appropriated to carry out this section 530,000,000 for each 
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of the fiscal years 2004 through 2008. 
"(2) LIMITATIONS.--Of the amount made available to carry out this section in any fiscal year, not more than 3 
percent may be used by the Attorney General for salaries and administrative expenses. 
"(3) MINIMUM AMOUNT.—
"(A) IN GENERAL—Except as provided in subparagraph (B), unless all eligible applications submitted by 
any States, units of local government, Indian tribes, or organizations within a State for a grant under this section 
have been funded, that State, together with the grantees within the State (other than Indian tribes), shall be alloc-
ated in each fiscal year, not less than 0.75 percent of the total amount appropriated in the fiscal year for grants 
pursuant to this section. 
"(B) EXCEPTION.—The United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Is-
lands shall each be allocated not less than 0.25 percent of the total amount appropriated in the fiscal year for 
grants pursuant to this section.". 
Approved April 30, 2003. 
LEGISLATIVE HISTORY--S. 151 (I I.R. 1104): 
HOUSE REPORTS: No. 108-47, Pt. I accompanying H.R. 1104 (Comm. on the Judiciary) and 108-66 (Comm. 
of Conference). 
SENATE REPORTS: No. 108-2 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 149 (2003): 
Feb. 24, considered and passed Senate. 
Mar. 27, considered and passed House, amended, in lieu of H.R. 1104. 
Apr. 10. I louse and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003): 
Apr. 30, Presidential remarks and statement. 
PL 108-21, 2003 S 151 
END OF DOCUMENT 
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westhm
Page 1 
F.3d 
2008 WL 253040 (C.A.I I (Ala.)) 
(Cite as: — Fad —) 
UNITED STATES OF AMERICA, 
Plaintiff-Appellant,'. BRUCE CLAYTON PUGH, 
a.k.a. sknowgirl, a.k.a. alabamaprincess4, aka. 
pgugh, Defendant-Appellee. 
C.A.11,2008. 
UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 
BRUCE CLAYTON PUGH, a.k.a. sknowgirl, a.k.a. 
alabamaprincess4, a.k.a. pgugh, Defendant-Appellee. 
No. 07-10183 D.C. Docket No. 06-00009-CR-WS 
United States Court of Appeals, Eleventh Circuit 
(January 31, 2008) 
Appeal from the United States District Court for the 
Southern District of Alabama 
Before MARCUS and PRYOR, Circuit Judges, and 
HANCOCK ", District Judge. 
s. Honorable James Hughes Hancock, United 
States District Judge for the Northern District 
of Alabatta, sitting by designation. 
MARCUS, Circuit Judge: 
This appeal tests the nature and extent of 
appellate review over sentencing under the new 
regime of advisory Sentencing Guidelines. After 
thorough review, we are constrained to conclude that 
even under the most recent Supreme Court precedent, 
affording substantial deference to the district court's 
sentencing determinations, the district court abused its 
discretion by imposing a probationary sentence on the 
defendant in this case. 
Here, the government appealed from the 
non-custodial sentence of defendant Bruce Clayton 
Pugh ("Pugh"), who downloaded on his computer 
over a period of several years at least 68 images of 
child pornography, as well as videos of an adult male 
raping an infant girl and of a young girl performing 
oral sex on an adult male. The advisory Sentencing 
Guidelines range recommended for the offense to 
which Pugh pled guilty-knowing possession of images 
of child pornography that were mailed, shipped or 
transported by computer in violation of  18 U.S.C. §§ 
2252A(a)(5)(BI and 2256(8)(A)-was 97 to 120 
months' imprisonment. The district court nevertheless 
sentenced Pugh to a five-year probationary term. In so 
doing, the district court relied heavily on Pugh's 
history, characteristics and motive in imposing a 
non-custodial sentence for a crime that fell on the high 
end of the Guidelines sentencing table. But in our 
view, the district court did not provide a sufficiently 
compelling justification to support the degree of its 
variance, nor did it give any apparent weight to many 
other important statutory factors embodied by 
Congress in 18 U.S.C. § 3553(a) that must be 
considered at sentencing. As we see it, this 
probationary sentence utterly failed to adequately 
promote general deterrence, reflect the seriousness of 
Pugh's offense, show respect for the law, or address in 
any way the relevant Guidelines policy statements and 
directives. Accordingly, we hold that this sentence is 
unreasonable, and therefore vacate and remand so that 
the district court can re-calculate the defendant's 
sentence. 
I. 
The presentence report ("PSI") presented the 
following basic facts. During an investigation 
conducted in Oklahoma in May 2003, the FBI learned 
that Warren Paul Perkins, III, had emailed child 
pornography images to the America OnLine ("AOL") 
screen name "moonkiss." The FBI traced that screen 
name to Joyce Pugh, the defendant's sister and 
housemate, and obtained a warrant to search the 
computer systems and other related computer 
components owned by the Pughs. During a search of 
the Pugh home in Selma, Alabama in September 2003, 
a police detective observed several images of nude 
pubescent children in provocative poses in Pugh's 
computer files. 
When interviewed on the day of the search by an 
FBI agent, Pugh said 
he downloaded child 
pornography images but then deleted them. Pugh 
added that he may have forwarded child pornography 
to the "list me" areas in chat rooms. Pugh told the FBI 
that he entered chat rooms on the Internet pretending 
to be an underaged female and that people would then 
email him child pornography images. He also 
admitted that he once saw an image on his computer of 
a man having sex with a two- or three-year old who 
had a dog collar around her neck. 
A subsequent forensic examination of Pugh's 
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computer by the FBI revealed some 70 images of child 
pornography, including a horrifying video of an infant 
girl being raped by an adult male, a video of a young 
girl performing oral sex on an adult male, and an 
image of male and female children engaged in sex acts 
with an adult male. There were ten known child 
victims-young boys and girls whose identities have 
been established by the government-in the images 
found on the defendant's computer. 
The FBI interviewed Pugh again in March 2005. 
At this time, Pugh told the investigators that he went to 
the chat rooms pretending to be an underaged girl 
using the screen name "sknowgirl." Some users would 
send Pugh child pornography thinking he was a young 
girl. When erotica pictures came to him from other 
users, Pugh would separate them, save them, and send 
them to other users under the pretense that he was the 
subject of the pictures. According to Pugh, men were 
always trying to pick him up over the Internet, and he 
justified his pretense by thinking that he was keeping 
the men away from "real children." 
He said that everyone in the chat rooms sent him 
child pornography images, even though he asked them 
for adult pornography. Pugh explained that he actively 
sought adult "bondage" and "scat" pornography, Rd
not the child pornography that others sent him, and 
that he never looked for child pornography on the 
Internet. Pugh offered that he did not want the 
pictures, which did not arouse him; rather, he only 
wanted to talk. However, he knew that his pretense 
would in fact cause people to send him child 
pornography. 
I. In Pugh's case, the "scat" images on his 
computer depicted women defecating in each 
other's mouths. 
In a January 2006 indictment, Pugh was charged 
by a federal grand jury sitting in the Southern District 
of Alabama with receipt and distribution of images of 
child pornography by computer in violation of .11 
U.S.C. § 2252A(aX2) and (b)(11 (count one); 
possession of images of child pornography that had 
been mailed, shipped or transported by computer in 
violation of 18 U.S.C. 4* 2252A(a)(5)(B1 and 
2256(8)(A) (count two); and receipt of obscene matter 
by interactive computer service in violation of la 
U.S.C. k 1462 (count three). In March 2006, Pugh 
pled guilty to the possession count embodied in Count 
Two, pursuant to a written plea agreement. 
As part of the plea agreement, Pugh admitted to 
"knowingly possess[ing) a computer( ] and compact 
disc which contained more than 3 images of child 
pornography ..." in violation of 18 U.S.C. § 
2252A4113WBI. Pugh further admitted that a forensic 
examination of his computer revealed that he had 
approximately 68 images and two videos of child 
pornography, which had been downloaded from the 
intemet using AOL. 
These images included the following: 
yungcumpusjpg: a video of a female infant with 
an adult male penis penetrating the infant's vagina. 
The adult male has ejaculated and semen is on the 
surface of the infant's labia. 
xxxjob.mpeg: a video of a child approximately 12 
years of age performing oral sex on an adult male. 
( I ).jpg: phot[o] of a boy and girl both of whom 
are approximately 8 years of age and the girl has the 
penis of an adult male in her mouth. 
Pugh also admitted to connecting to the intemet 
using AOL, visiting chat rooms pretending to be an 
underaged child, and viewing the child pornography 
sent to him by others in the chat rooms. 
Using the 
2002 
Guidelines Manual, 
as 
supplemented on April 30, 2003, the probation officer 
determined Pugh's base offense level to be 17 under 
U.S.S.G. 
2G2.2. The offense level then was 
enhanced 2 levels under U.S.S.G. 4 2O2.2(b)(1) 
because the material involved prepubescent minors or 
minors under age 12; 5 levels under U.S.S.G. 
262.2(b112)(B1 
because 
the 
offense 
involved 
distribution for the receipt of child pornography but 
not for pecuniary gain; 4 levels under U.S.S.G. 
262.2(1)161 because the material portrayed sadistic or 
masochistic conduct or other depictions of violence; 2 
levels under U.S.S.G. 4 2G2.2(bW5) for use of a 
computer or interactive computer service; and 3 levels 
under U.S.S.G. 4 2G2.2(X 6) for more than 150 but 
fewer than 300 images. 
 Subtracting 3 levels for 
acceptance of responsibility under V.S.S.G. § 3E1.1 
Pugh's adjusted offense level was 30, and his criminal 
history category was level I. Thus, the advisory 
Sentencing Guidelines yielded a range of 97-120 
months' imprisonment. 
2. Pugh admitted possessing 68 still images 
plus 2 video clips, each of which counted as 
75 images under clarifying amendment 664 
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of the 2004 Guidelines Manual (providing 
that "[e]ach video, video-clip, movie or 
similar recording shall be considered to have 
75 images"), and U.S.S.G. 6 1B1.11(b)a) 
(directing that "[t]he court shall use the 
Guidelines Manual in effect on the date that 
the defendant is sentenced"). 
At the sentencing hearing, the district court 
adopted the PSI as published. Pugh's counsel then 
called John Frank Warren, III, Ph.D., ("Warren") to 
testify concerning Pugh's mental state and likelihood 
of recidivism. Warren, a clinical and forensic 
psychologist, testified that in his opinion, Pugh 
presented a "low-risk" on a "low-moderate-high" risk 
assessment scale, which measures an offender's risk of 
re-offending, but recognized that "no one is a no risk." 
Warren also opined that Pugh was not a pedophile, 
and was not addicted to child pornography, but rather, 
was addicted to adult pornography, an addiction that 
developed as a result of an abusive home life. Warren 
observed that in the late 1990s, Pugh had sought 
mental health treatment for his pornography addiction, 
but none of the therapists or the psychiatrist he met 
with addressed his concerns, and eventually, he 
stopped going. 
Warren further suggested that Pugh would be 
"easy pickings for more predatory or sociopathic 
peers" in a prison setting and that a prison sentence 
could lead Pugh to "more maladaptive coping and, 
arguably, a higher risk status following additional 
victimization." According to Warren, Pugh is 
receiving treatment from a psychologist in Selma, 
Alabama. 
Warren acknowledged that he had viewed a video 
from Pugh's computer in which an adult male raped an 
infant female, and admitted that this experience would 
have a "horrible impact" on the child victim. Warren 
also explained that the impact on the children depicted 
in the other pornographic images on Pugh's computer 
was "very detrimental," and offered, "that's the reason 
we have laws about child pornography." Finally, when 
questioned by the district court, Warren testified he 
had not diagnosed most defendants in the prior child 
pornography cases he worked on as pedophiles-in fact, 
he had diagnosed only two of about 45 or 50 as 
pedophiles-which he said was consistent with the 
literature. Warren added that in contrast to Pugh, 
however, most defendants in child pornography cases 
are diagnosed as having Internet child pornography 
paraphilia. 
Page 3 
Pugh then addressed the district court about the 
charges. "43 Following counsel's arguments, the 
district court concluded that it needed additional 
information before sentencing Pugh, and set a second 
sentencing hearing to take further testimony on these 
issues. In December 2006, at Pugh's second 
sentencing hearin 
pecial Agents Fred Haynes 
("Haynes") and 
Glaser ("Glaser") testified 
concerning their interviews with Pugh. Haynes 
specifically testified that during the first interview he 
conducted with the defendant in 2003, Pugh said that 
he had downloaded child pornography and that there 
were possibly hundreds of images on his computer. 
Pugh said that he did not actively seek the child 
pornography and never searched for it on the Internet 
but that he had seen it. He explained that it was sent to 
him while he was pretending to be an underaged 
person in chat rooms, which he claimed he did 
because "he felt like ... [by doing so] he was keeping 
the child predators away from the children." Notably, 
Pugh "admit[tedj" to Haynes "that he had forwarded 
child pornography to others on his list in the chat 
rooms." During a second interview in 2005, Haynes 
and Glaser showed Pugh images retrieved from his 
computer. Pugh said that when he first started 
receiving child pornography images, he reported the 
senders to AOL. Haynes and Glaser asked Pugh why 
he did not stop soliciting the child pornography and 
Pugh responded that he was "addicted to it." 44"
3. The PSI also referenced an incident in 
November 
2004 
involving 
Pugh's 
great-niece. 
The FBI was contacted by Patricia Smith 
("Smith"), another sister of Pugh's, who told them that 
she had been driving home from church with one of 
her daughters and her granddaughter. While in the car, 
her granddaughter had told her, "Mee Maw, know 
what? Uncle Bruce told me that he licked the hair off a 
girl." Ms. Smith asked the girl to repeat herself, and 
she said, "Uncle Bruce said he licked the hair off a 
girl's crotch, and she licked his off." 
Warren testified that he was skeptical of the story 
involving Pugh's great-niece. He said that in his 
experience working with and evaluating children of 
abuse, children "misinterpret a lot of things" and 
"incorporate something they've seen in a movie versus 
something they saw mommy do versus something 
they heard about at school. It comes out as a narrative 
that very often doesn't match what actually occurs." 
Warren concluded, "I discounted [this information] 
and found it relatively fantastic." Pugh also testified 
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