Statement of Chairman Howard Coble

Legislative Hearing and Markup of

 H.R. 1104, the “Child Abduction Prevention Act” and H.R. 1161, the “Child Obscenity and Pornography Prevention Act.”

            Today, the Subcommittee on Crime, Terrorism, and Homeland Security examines H.R. 1104, the “Child Abduction Prevention Act,” and H.R. 1161, the “Child Obscenity and Pornography Prevention Act.”

            This Subcommittee held hearings and reported both these bills out favorably the last Congress. The “Child Abduction Prevention Act” passed the House on October 8, 2002, by a recorded vote of 390 yeas to 24 nays, and the “Child Obscenity and Pornography Prevention Act” passed the House on June 25, 2002 by a vote of 413 yes to 8 nays, and 1 present.

            The recent wave of high profile child abductions that has swept our nation illustrates the tremendous need for the Child Abduction Prevention Act. An understandable helplessness has grasped the nation, as these monsters breach the security of our homes to steal, molest, rape, and kill our children. Action is necessary and must be immediate.

            The Child Obscenity and Pornography Prevention Act is necessary to stop a proliferation of child pornography after the April 16, 2002 Supreme Court decision in Ashcroft v. the Free Speech Coalition in which the Court found two of the definitions for child pornography in the current Federal statute to be overbroad and therefore unconstitutional.

            Child molesters are emboldened these days. Sexual exploitation of children, a prime motive for kidnapping, is on the rise. When it comes to sexual exploitation, abduction, rape, and murder of children, the United States must have a zero tolerance policy. Our children are not statistics, no level of abductions is acceptable.

            These bills will send a clear message that those who sexually exploit, abduct, and harm children will not escape justice. H.R. 1104, the “Child Abduction Prevention Act” strengthens penalties against kidnapping; subjects those who abduct and sexually exploit children to the possibility of lifetime supervision; aids law enforcement to effectively prevent, investigate, and prosecute crimes against children; and provides families and communities with immediate and effective assistance to recover a missing child.

            H.R. 1161, the “Child Obscenity and Pornography Prevention Act of 2003,” ensures the continued protection of children from sexual exploitation. In response to the Supreme Court decision, this bill narrows the definition of child pornography, strengthens the existing affirmative defense, amends the obscenity laws to address visual depictions of pre-pubescent children and minors, creates new offenses against pandering visual depictions as child pornography, creates new offenses against providing children obscene or pornographic material, provides de novo review for sentencing below the applicable range under the Federal sentencing guidelines, and assists law enforcement officials in investigating sex crimes against children.

            Sexual exploitation and abduction of a child is a parent’s worst nightmare. These bills guarantee that individuals who attempt to and do harm a child, will receive severe punishment and will not slip through the cracks of the system to target other children.

            Those who abduct children are often serial offenders, who have previously been convicted of similar offenses and those who possess child pornography often molest children. Sex offenders and child molesters are four times more likely than other violent criminals to recommit their crimes. This number demands attention, and both bills address this problem.

            Passage of the bills will also increase support for the National Center for Missing and Exploited Children, the nation's resource center for child protection. The Center assists in the recovery of missing children and raises public awareness on ways to protect children from abduction, molestation, and sexual exploitation.  

            I appreciate the witness’ time and effort and look forward to his testimony.