The new law
increases the penalty for federal child pornography offenses; outlaws the harassment of aged victims and witnesses; grants federal marshals additional powers to track sex offenders; calls for a reevaluation of the guidelines used to sentence those who intimidate children in order to obstruct prosecution of a sex offense; and bolsters the Justice Department's Internet Crimes Against Children (ICAC) program. 6063 ), which passed under suspension of the rules on August 1, 2012. It passed the Senate by unanimous consent on November 26, 2012, and was signed by the President on December 7, 2012. The Child Protection Act increases the maximum penalty for possession, attempted possession, or conspiracy to possess, from imprisonment for not more than 10 years to imprisonment for not more than 20 years, when the pornography depicts or purports to depict a child under 12 years of age or a prepubescent child. Protective orders covering adults, in contrast, require the court to find "by a preponderance of the evidence that harassment of an identified victim or witness in a Federal criminal case or investigation exists or that such order is necessary to prevent and restrain an offense under section 1512 of this title ... "
Finally, Section 1514 now creates a rebuttable presumption that Internet publication of identifying information relating to a child victim or witness satisfies the "no legitimate purpose" element of harassment or intimidation: 
[A]court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person (who has been reported to law enforcement as a missing person), or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation. Administrative Subpoenas for the Marshals Service

Federal agencies may often issue administrative subpoenas in the performance of the regulatory duties without prior judicial approval. The Child Protection Act grants the Marshals Service the power to issue administrative subpoenas in order to track unregistered sex offenders. Sentencing Guidelines

Federal courts must begin the sentencing process by determining the range of sentences recommended under the United States Sentencing Commission's sentencing guidelines. The Sentencing Commission's review will be focused on the adequacy of sentencing treatment under the guidelines for obstruction of justice offenses committed in conjunction with sex trafficking, sexual abuse, sex offender registration, child pornography, and Mann Act violations, particularly when they involve children. Congress had authorized appropriations for the program of $60 million per year for each year from FY2009 through FY2013. The Child Protection Act also
raises the cap on ICAC task force training from $2 million to $4 million per year; designates the head of the program as the National Coordinator for Child Exploitation Prevention and Interdiction and provides that the position shall be in the Senior Executive Service; eliminates the volume of criminal activity as a possibly exclusive criterion for determining high-priority suspects identified in monthly ICAC data system reports; and directs the Attorney General to report to the House and Senate Judiciary Committees, within 90 days of passage, on the status of the establishment of the National Internet Crimes Against Children Data System. 18 U.S.C.
On the December 7, 2012, the President signed the Child Protection Act of 2012, P.L. 112-206 (H.R. 6063), into law. The measure had previously passed the House under suspension of the rules and the Senate by unanimous consent. Its provisions are (1) increase the maximum penalty for certain child pornography offenses; (2) outlaw harassment of a child victim or witness while under a protective order; (3) grant the U.S. Marshals Service administrative subpoena authority in sex offender registration cases; (4) direct the U.S. Sentencing Commission to review the adequacy of federal sentencing guidelines that apply to federal sex offenders; and (5) bolster the Internet Crimes Against Children (ICAC) program.
Prior law punished the possession of child pornography in a federal enclave, facility, or Indian country or when shipped or transmitted in interstate commerce with imprisonment for not more than 10 years. P.L. 112-206 increases the maximum to 20 years.
Prior law permits federal courts to enter an order to protect the victims and witnesses in a federal criminal case from being harassed for "no legitimate purpose." Violation of such an order is punishable as contempt of court. P.L. 112-206 punishes violations by imprisonment for not more than five years. It also creates a rebuttable presumption against the existence of a legitimate purpose, if the defendant publishes or distributes the picture or other identifying information of the victim or witness, other than for press or law enforcement purposes. Constitutional boundaries may cabin the breadth of the proscription.
Prior law allows administrative agencies to demand testimony or the production of documents necessary for regulatory purposes, without having to secure a warrant or court subpoena. In a few limited instances—such as health care fraud, child pornography, and U.S. Secret Service protection—federal law enforcement officials enjoy similar authority. P.L. 112-206 grants the U.S. Marshals Service the authority to use administrative subpoenas to unregistered sex offenders.
Prior law requires federal courts to begin the sentencing process by calculating the penalties recommended by the U.S. Sentencing Commission's sentencing guidelines. P.L. 112-206 directs the commission to review the adequacy of the guidelines applicable for obstruction of justice when committed in conjunction with sexual abuse, sex offender registration, child pornography, sex trafficking, and Mann Act offenses.
Prior law instructs the Attorney General to create and implement a national strategy for child exploitation and interdiction. P.L. 112-206 bolsters that effort by (1) increasing from $2 million to $4 million the annual cap on private training of ICAC task force members; (2) authorizing appropriations of $60 million for ICAC task forces for each fiscal year through FY2018; (3) insisting that the ICAC national coordinator be a member of the Senior Executive Service; (4) eliminating the possibility that the identification of high-priority suspects might be based solely on the volume of suspected criminal activity; and (5) instructing the Attorney General to report to the Judiciary Committees, within three months, on the establishment of the ICAC data system.