dictionary

New child porn measure announced

U.S. Attorney General John Ashcroft and lawmakers unveiled a new child pornography bill Wednesday.

WASHINGTON (CNN) -- U.S. Attorney General John Ashcroft and several lawmakers announced proposed legislation Wednesday they said was aimed at protecting preteens left vulnerable by a Supreme Court ruling striking down a federal law banning "virtual" child pornography.

In an April 16 decision, the high court said "virtual" child pornography that appears to involve -- but does not actually include -- identifiable juveniles is entitled to free speech protection.

"Tragically, this decision of the court to reverse Congress' prohibition of 'virtual' child pornography has left law enforcement at an extreme disadvantage in the campaign against all child pornography," Ashcroft said at a Wednesday news conference.

LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

"To avoid conviction, defendants frequently raise the theoretical possibility that rapidly advancing computer imaging technology was involved in the production of the materials rather than children."

Virtual child pornography often features technologically altered photos or shows people who merely appear to be minors. In some instances, very young-looking adults who appear to be minors are depicted in sexually explicit materials.

The Child Pornography Prevention Act of 1996 made it illegal to possess or distribute any visual depiction that "appears to be" or "conveys the impression" of a child engaging in a sexually explicit act.

In a 6-3 ruling, the Supreme Court said the law was too broad in that it banned sexual material involving older teens that had artistic and literary value. The court cited recent award-winning films, literature and art over the centuries -- including Shakespeare's "Romeo and Juliet" -- which it said would be banned under the provisions struck down.

After a series of meetings Tuesday, the Justice Department and key members of Congress reached agreement on a bill they said they believe will protect children and satisfy the high court. The legislation was introduced as a House bill overnight, and lawmakers at the news conference vowed to move it quickly.

The House Judiciary Committee's crime subcommittee was holding a hearing Wednesday afternoon to consider the draft legislation.

Ashcroft said the bill would:

"The Department of Justice will continue to use every available resource to prosecute child pornography cases," Ashcroft said.

Several of the bill's sponsors were at the briefing, including House Majority Whip Tom Delay, R-Texas; Rep. Lamar Smith, R-Texas, the crime subcommittee's chairman; Rep. Mark Foley, R-Florida; and Sen. Jeff Sessions, R-Alabama.