Legislation aims to close legal loopholes on child exploitation

Government
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U.S. Rep. Troy Nehls representing Texas' 22nd Congressional District | Official U.S. House headshot

WASHINGTON, D.C.—Today, Congressman Troy E. Nehls (R-TX-22) and Congresswoman Madeleine Dean (D-PA-04) introduced bicameral and bipartisan legislation, the Strengthening Child Exploitation Enforcement Act. This bill aims to make several technical statutory clarifications to close loopholes in current child sexual abuse criminal offenses that hinder holding perpetrators accountable. Senator John Cornyn (R-TX) and Senator Cory Booker (D-NJ) previously introduced the Senate version of this legislation.

“As a father to three daughters and a former Texas Sheriff, I firmly believe that any existing loopholes in United States federal law that allow child predators to escape justice should be closed immediately,” said Congressman Nehls. “The abuse of a child in any form is completely unacceptable. I am proud to join my colleagues on both sides of the aisle and in both chambers of Congress in introducing legislation that will allow law enforcement and the justice system to hold those who abuse our children, here in our own country and abroad, accountable.”

“As lawmakers, we have the solemn duty of protecting our nation’s children from kidnapping and sexual exploitation,” said Congresswoman Dean. “Under current law, there are loopholes that allow bad actors to evade prosecution. This legislation clarifies and strengthens federal law to ensure offenders are held accountable. I’m grateful to Congressman Nehls, Senator Booker, and Senator Cornyn for their partnership to ensure our kids are kept safe."

In 2023, the Department of Justice (DOJ) published the National Strategy for Child Exploitation Prevention and Interdiction, which made a series of recommendations for Congress to strengthen federal enforcement of child exploitation laws. The Strengthening Child Exploitation Enforcement Act would incorporate those recommendations by:

- Closing the kidnapping loophole in 18 U.S.C. § 1201 by clarifying that kidnapping of a child can occur by deceiving a third party, including a child’s guardian.

- Closing international travel loopholes in 18 U.S.C.§ 2241(c) and 18 U.S.C. § 2423 by clarifying that traveling internationally to sexually abuse a child or committing such an offense while abroad is a crime.

- Closing the sexual contact loophole in 18 U.S.C. § 2443 by clarifying that causing a child to commit a sexual act themselves is also a crime.

- Closing the attempt loophole in 18 U.S.C. § 2244 by adding liability for attempted offenses related to sexual contact.

This legislation has garnered support from various organizations including the Association of State Criminal Investigative Agencies (ASCIA), Major County Sheriffs of America (MCSA), Rights4Girls, National District Attorneys Association (NDAA), Hope for Justice, Street Grace, the 3Strands Global Foundation, and the National Children’s Alliance (NCA).