69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–139 

GLOBAL CHILD PROTECTION ACT OF 2017 

MAY 22, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1862] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1862) to amend title 18, United States Code, to expand the 

scope of certain definitions pertaining to unlawful sexual conduct, 

and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do 

pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority and Tax Expenditures ...................................................... 5 

Congressional Budget Office Cost Estimate .......................................................... 5 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Performance Goals and Objectives ......................................................................... 6 

Advisory on Earmarks ............................................................................................. 6 

Section-by-Section Analysis .................................................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 7 

Dissenting Views ..................................................................................................... 13 

2 

Purpose and Summary 

The Global Child Protection Act, H.R. 1862, closes loopholes in 

the child exploitation statutes by expanding the conduct covered involving abuse occurring abroad and the offenses covered in the recidivist enhancement provisions for sex crimes against children. 

The purpose of the legislation is to ensure that predators do not escape culpability for offenses committed abroad by limiting their behavior to ‘‘illicit sexual conduct’’ rather than ‘‘illicit sexual contact.’’ 

The legislation is also intended to include additional conduct in the 

definition of ‘‘Federal sex offense’’ under the recidivist child sex offender provision. Currently, this enhancement does not include 

‘‘sexual contact’’ with children, which appears to be no more than 

an oversight in original drafting. 

Background and Need for the Legislation 

First, H.R. 1862 closes a loophole in the definition of ‘‘illicit sexual conduct’’ as defined in 18 U.S.C. § 2423(f), by adding ‘‘illicit sexual contact’’ to the definition. 

The phrase ‘‘illicit sexual conduct’’ is referenced in: 18 U.S.C. 

§ 2423(b), which prohibits someone from traveling in interstate or 

foreign commerce for the purpose of ‘‘engaging in illicit sexual conduct’’; 18 U.S.C. § 2423(c), which prohibits U.S. citizens and permanent residents from traveling in foreign commerce and engaging in 

illicit sexual conduct; and 18 U.S.C. § 2423(d), which prohibits 

someone from arranging the travel of a person for the purpose of 

engaging in illicit sexual conduct. 

The definition of ‘‘illicit sexual conduct’’ currently includes ‘‘sexual acts’’ with persons under 18, as defined in 18 U.S.C. § 2246. 

However, the definition does not also encompass ‘‘sexual contact’’ as 

defined in § 2246. This means that ‘‘illicit sexual conduct’’ includes 

situations where an adult defendant molests a child, but it does not 

include situations in which a child is caused to touch an adult defendant—for example, a scenario where a U.S. citizen travels 

abroad and forces a child to manually stimulate his genitals. This 

section closes this loophole by striking the reference to ‘‘sexual act’’ 

and instead defines illicit sexual conduct to include any conduct 

that would violate any child exploitation statute in Chapter 109A 

of title 18. 

Second, H.R. 1862 closes a loophole by including sexual contact 

with children in 18 U.S.C. § 3559(e), a recidivist provision specifically addressing child predators. It also amends current law to add 

sexual abuse of children abroad as a predicate offense for an enhanced sentence under § 3559(e). 

Section 3559(e)(1) currently provides that a ‘‘person who is convicted of a Federal sex offense in which a minor is the victim shall 

be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim. . . .’’ ‘‘Federal sex offense’’ is defined in section § 3559(e)(2), which enumerates several 

sexual offense statutes. This reference as to what constitutes a 

‘‘Federal sex offense,’’ however, does not include sexual contact 

with children under the age of 12, or aggravated sexual contact 

with children aged 12–15, because the definition of Federal sex offense in § 3559(e)(2) refers only to § 2244(a)(1) of the Abusive Sexual Contact statute (which covers forcible sexual contact or contact 

3 

where victim is unconscious) and not § 2244(a)(5) (which covers sexual contact where the victim is under 12, and aggravated sexual 

contact with children between 12 and 15). 

Thus, § 3559 currently does not incorporate sexual contact with 

children under the age of 12 or aggravated sexual contact with children aged 12–15. It makes no sense that § 3559(e), which is a recidivist provision specifically addressing sex offenders who prey upon 

children, would not reach all contact offenses against the youngest 

of children. This is especially so since federal law treats sexual contact with a child under the age of 12 or a child aged 12–15 under 

aggravating circumstances as a significantly more serious offense 

than sexual contact committed through force or threats or with an 

unconscious or impaired adult victim. 

Paradoxically, the omission of § 2244(a)(5) in the definition of 

Federal sex offense means that a defendant who commits sexual 

contact with a victim aged 12–15 either through force or threats or 

when the victim is unconscious or impaired will have a qualifying 

predicate or prior conviction if he was charged under § 2244(a)(1), 

but not if he were charged under § 2244(a)(5). The only difference 

between the two charges is that the latter charge requires proof of 

the age of the victim and carries a higher penalty. 

There is no way to justify the inclusion of two sex offenses that 

carry penalties of up to 10 years in prison as predicate and qualifying convictions under § 3559(e), but the exclusion of an offense 

that is specifically designed to protect children of especially tender 

years and that carries the maximum prison term available under 

the law. H.R. 1862 closes this loophole by including § 2244(a)(5) in 

the definition of ‘‘Federal sex offense’’ in § 3559(e)(2). 

Finally, H.R. 1862 adds 18 U.S.C. § 2423(c), which prohibits the 

sexual abuse of children abroad by U.S. citizens, as a predicate offense to 18 U.S.C. § 3559(e). As currently written, § 2423(c) is the 

only criminal provision prohibiting the sexual abuse of children 

that is not referenced in § 3559(e). 

Closing these technical loopholes is necessary to prevent dangerous predators from escaping liability altogether in circumstances in which they are engaging in certain uncovered conduct abroad and also to prevent recidivist offenders who have previously sexually abused a child from avoiding the sentencing enhancement provision due to mere technicalities. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 1862, 

but held a hearing on the subject of child exploitation generally on 

March 16, 2017. 

Committee Consideration 

On April 5, 2017, the Committee met in open session and ordered 

the bill H.R. 1862 favorably reported, without amendment, by voice 

vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

4 

roll call votes occurred during the Committee’s consideration of 

H.R. 1862. 

1. An Amendment, offered by Mr. Conyers to create a separate 

sentencing framework for recidivist penalties for those previously 

convicted of certain offenses that did not include mandatory minimum sentences. The amendment was defeated by a roll call vote 

of 2 to 14. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman .................................. X 

Mr. Sensenbrenner, Jr. (WI) ...................................... X 

Mr. Smith (TX) ............................................................

Mr. Chabot (OH) .........................................................

Mr. Issa (CA) ...............................................................

Mr. King (IA) ...............................................................

Mr. Franks (AZ) .......................................................... X 

Mr. Gohmert (TX) ....................................................... X 

Mr. Jordan (OH) ..........................................................

Mr. Poe (TX) ................................................................ X 

Mr. Chaffetz (UT) ........................................................ X 

Mr. Marino (PA) .......................................................... X 

Mr. Gowdy (SC) ........................................................... X 

Mr. Labrador (ID) .......................................................

Mr. Farenthold (TX) ...................................................

Mr. Collins (GA) ..........................................................

Mr. DeSantis (FL) .......................................................

Mr. Buck (CO) .............................................................

Mr. Ratcliffe (TX) ........................................................ X 

Ms. Roby (AL) .............................................................. X 

Mr. Gaetz (FL) ............................................................ X 

Mr. Johnson (LA) ........................................................ X 

Mr. Biggs (AZ) ............................................................. X 

Mr. Conyers, Jr. (MI), Ranking Member .................. X 

Mr. Nadler (NY) ..........................................................

Ms. Lofgren (CA) .........................................................

Ms. Jackson Lee (TX) ................................................. X 

Mr. Cohen (TN) ...........................................................

Mr. Johnson (GA) ........................................................

Mr. Deutch (FL) ..........................................................

Mr. Gutierrez (IL) .......................................................

Ms. Bass (CA) ..............................................................

Mr. Richmond (LA) .....................................................

Mr. Jeffries (NY) .........................................................

Mr. Cicilline (RI) .........................................................

Mr. Swalwell (CA) .......................................................

Mr. Lieu (CA) .............................................................. X 

Mr. Raskin (MD) .........................................................

Ms. Jayapal (WA) ........................................................

Mr. Schneider (IL) ......................................................

Total ............................................................... 2 14 ...........

5 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1862, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 12, 2017. 

Hon. BOB GOODLATTE, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1862, the Global Child 

Protection Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226-2860. 

Sincerely, 

KEITH HALL. 

Enclosure 

cc: Honorable John Conyers Jr. 

Ranking Member 

H.R. 1862—Global Child Protection Act of 2017 

As ordered reported by the House Committee on the Judiciary on 

April 5, 2017 

H.R. 1862 would broaden the coverage of current laws relating 

to unlawful sexual conduct with minors. As a result, the government might be able to pursue cases that it otherwise would not be 

able to prosecute. CBO expects that the bill would apply to a relatively small number of offenders, however, so any increase in costs 

for law enforcement, court proceedings, or prison operations would 

not be significant. Any such costs would be subject to the availability of appropriated funds. 

Enacting the bill could affect direct spending and revenues; 

therefore, pay-as-you-go procedures apply. Because those prosecuted and convicted under H.R. 1862 could be subject to criminal 

6 

fines, the federal government might collect additional fines if the 

legislation is enacted. Criminal fines are recorded as revenues, deposited in the Crime Victims Fund, and later spent without further 

appropriation action. CBO expects that any additional revenues 

and subsequent direct spending would not be significant because 

the legislation would probably affect only a small number of cases. 

CBO estimates that enacting H.R. 1862 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 1862 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 1862 establishes or reauthorizes a program 

of the Federal government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 1862 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 1862 closes loopholes in child exploitation laws by expanding conduct that constitutes criminal offenses committed abroad and expanding conduct 

that qualifies a predator for recidivist sentencing enhancement provisions. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 1862 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

Section 1. Short Title. This section cites the short title of the bill 

as the ‘‘Global Child Protection Act of 2017.’’ 

Section 2. Expanding the Definition of Explicit Sexual Conduct. 

This section closes a loophole in the definition of ‘‘illicit sexual conduct’’ as defined in 18 U.S.C. 2423(f), by adding ‘‘illicit sexual contact’’ to the definition. Section 2423 of Chapter 109A covers sex offenses against minors committed abroad as well as arranging travel of a person to engage in illicit sexual conduct with a minor. The 

bill expands the range of conduct covered to include ‘‘illicit sexual 

7 

contact,’’ as opposed to merely ‘‘illicit sexual conduct,’’ which does 

not encompass behavior such as making a child touch an adult in 

a sexual manner. 

Section 3. Expanding the Definition of Federal Sex Offense. This 

section closes a loophole by including sexual contact with children 

(18 U.S.C. 2241(a)(5)) as a federal sex offense that would trigger 

the recidivist sentencing enhancements provided for in 18 U.S.C. 

§ 3559(e), which is a recidivist provision for sex offenders who victimize minors. It also amends current law to add sexual abuse of 

children abroad (18 U.S.C. 2423(c)) as a predicate offense under 

§ 3559(e). 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 117—TRANSPORTATION FOR ILLEGAL 

SEXUAL ACTIVITY AND RELATED CRIMES 

* * * * * * * 

§ 2423. Transportation of minors 

(a) TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.—A person who knowingly transports an individual 

who has not attained the age of 18 years in interstate or foreign 

commerce, or in any commonwealth, territory or possession of the 

United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged 

with a criminal offense, shall be fined under this title and imprisoned not less than 10 years or for life. 

(b) TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL CONDUCT.—A person who travels in interstate commerce or travels into 

the United States, or a United States citizen or an alien admitted 

for permanent residence in the United States who travels in foreign commerce, for the purpose of engaging in any illicit sexual 

conduct with another person shall be fined under this title or imprisoned not more than 30 years, or both. 

(c) ENGAGING IN ILLICIT SEXUAL CONDUCT IN FOREIGN PLACES.— 

Any United States citizen or alien admitted for permanent residence who travels in foreign commerce or resides, either temporarily or permanently, in a foreign country, and engages in any illicit sexual conduct with another person shall be fined under this 

title or imprisoned not more than 30 years, or both. 

8 

(d) ANCILLARY OFFENSES.—Whoever, for the purpose of commercial advantage or private financial gain, arranges, induces, procures, or facilitates the travel of a person knowing that such a person is traveling in interstate commerce or foreign commerce for the 

purpose of engaging in illicit sexual conduct shall be fined under 

this title, imprisoned not more than 30 years, or both. 

(e) ATTEMPT AND CONSPIRACY.—Whoever attempts or conspires 

to violate subsection (a), (b), (c), or (d) shall be punishable in the 

same manner as a completed violation of that subsection. 

(f) DEFINITION.—As used in this section, the term ‘‘illicit sexual 

conduct’’ means— 

(1) øa sexual act (as defined in section 2246) with¿ any conduct involving a person under 18 years of age that would be 

in violation of chapter 109A øif the sexual act¿ if the conduct 

occurred in the special maritime and territorial jurisdiction of 

the United States; 

(2) any commercial sex act (as defined in section 1591) with 

a person under 18 years of age; or 

(3) production of child pornography (as defined in section 

2256(8)). 

(g) DEFENSE.—In a prosecution under this section based on illicit 

sexual conduct as defined in subsection (f)(2), it is a defense, which 

the defendant must establish by clear and convincing evidence, 

that the defendant reasonably believed that the person with whom 

the defendant engaged in the commercial sex act had attained the 

age of 18 years. 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 227—SENTENCES 

* * * * * * * 

SUBCHAPTER A—GENERAL PROVISIONS 

* * * * * * * 

§ § 3559. Sentencing classification of offenses 

(a) CLASSIFICATION.—An offense that is not specifically classified 

by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is— 

(1) life imprisonment, or if the maximum penalty is death, 

as a Class A felony; 

(2) twenty-five years or more, as a Class B felony; 

(3) less than twenty-five years but ten or more years, as a 

Class C felony; 

(4) less than ten years but five or more years, as a Class D 

felony; 

(5) less than five years but more than one year, as a Class 

E felony; 

(6) one year or less but more than six months, as a Class A 

misdemeanor; 

9 

(7) six months or less but more than thirty days, as a Class 

B misdemeanor; 

(8) thirty days or less but more than five days, as a Class 

C misdemeanor; or 

(9) five days or less, or if no imprisonment is authorized, as 

an infraction. 

(b) EFFECT OF CLASSIFICATION.—Except as provided in subsection 

(c), an offense classified under subsection (a) carries all the incidents assigned to the applicable letter designation, except that the 

maximum term of imprisonment is the term authorized by the law 

describing the offense. 

(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.— 

(1) MANDATORY LIFE IMPRISONMENT.—Notwithstanding any 

other provision of law, a person who is convicted in a court of 

the United States of a serious violent felony shall be sentenced 

to life imprisonment if— 

(A) the person has been convicted (and those convictions 

have become final) on separate prior occasions in a court 

of the United States or of a State of— 

(i) 2 or more serious violent felonies; or 

(ii) one or more serious violent felonies and one or 

more serious drug offenses; and 

(B) each serious violent felony or serious drug offense 

used as a basis for sentencing under this subsection, other 

than the first, was committed after the defendant’s conviction of the preceding serious violent felony or serious drug 

offense. 

(2) DEFINITIONS.—For purposes of this subsection— 

(A) the term ‘‘assault with intent to commit rape’’ means 

an offense that has as its elements engaging in physical 

contact with another person or using or brandishing a 

weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242); 

(B) the term ‘‘arson’’ means an offense that has as its 

elements maliciously damaging or destroying any building, 

inhabited structure, vehicle, vessel, or real property by 

means of fire or an explosive; 

(C) the term ‘‘extortion’’ means an offense that has as its 

elements the extraction of anything of value from another 

person by threatening or placing that person in fear of injury to any person or kidnapping of any person; 

(D) the term ‘‘firearms use’’ means an offense that has 

as its elements those described in section 924(c) or 929(a), 

if the firearm was brandished, discharged, or otherwise 

used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was 

used was subject to prosecution in a court of the United 

States or a court of a State, or both; 

(E) the term ‘‘kidnapping’’ means an offense that has as 

its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force; 

(F) the term ‘‘serious violent felony’’ means— 

(i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as 

10 

described in section 1111); manslaughter other than 

involuntary manslaughter (as described in section 

1112); assault with intent to commit murder (as described in section 113(a)); assault with intent to commit rape; aggravated sexual abuse and sexual abuse 

(as described in sections 2241 and 2242); abusive sexual contact (as described in sections § 2244(a)(1) and 

(a)(2)); kidnapping; aircraft piracy (as described in section 46502 of Title 49); robbery (as described in section 

2111, 2113, or 2118); carjacking (as described in section 2119); extortion; arson; firearms use; firearms 

possession (as described in section 924(c)); or attempt, 

conspiracy, or solicitation to commit any of the above 

offenses; and 

(ii) any other offense punishable by a maximum 

term of imprisonment of 10 years or more that has as 

an element the use, attempted use, or threatened use 

of physical force against the person of another or that, 

by its nature, involves a substantial risk that physical 

force against the person of another may be used in the 

course of committing the offense; 

(G) the term ‘‘State’’ means a State of the United States, 

the District of Columbia, and a commonwealth, territory, 

or possession of the United States; and 

(H) the term ‘‘serious drug offense’’ means— 

(i) an offense that is punishable under section 

401(b)(1)(A) or 408 of the Controlled Substances Act 

(21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of 

the Controlled Substances Import and Export Act (21 

U.S.C. 960(b)(1)(A)); or 

(ii) an offense under State law that, had the offense 

been prosecuted in a court of the United States, would 

have been punishable under section 401(b)(1)(A) or 

408 of the Controlled Substances Act (21 U.S.C. 

841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act (21 U.S.C. 

960(b)(1)(A)). 

(3) NONQUALIFYING FELONIES.— (A) ROBBERY IN CERTAIN CASES.—Robbery, an attempt, 

conspiracy, or solicitation to commit robbery; or an offense 

described in paragraph (2)(F)(ii) shall not serve as a basis 

for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— 

(i) no firearm or other dangerous weapon was used 

in the offense and no threat of use of a firearm or 

other dangerous weapon was involved in the offense; 

and 

(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person. 

(B) ARSON IN CERTAIN CASES.—Arson shall not serve as 

a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— 

(i) the offense posed no threat to human life; and 

(ii) the defendant reasonably believed the offense 

posed no threat to human life. 

11 

(4) INFORMATION FILED BY UNITED STATES ATTORNEY.—The 

provisions of section 411(a) of the Controlled Substances Act 

(21 U.S.C. 851(a)) shall apply to the imposition of sentence 

under this subsection. 

(5) RULE OF CONSTRUCTION.—This subsection shall not be 

construed to preclude imposition of the death penalty. 

(6) SPECIAL PROVISION FOR INDIAN COUNTRY.—No person 

subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for 

which Federal jurisdiction is solely predicated on Indian country (as defined in section 1151) and which occurs within the 

boundaries of such Indian country unless the governing body 

of the tribe has elected that this subsection have effect over 

land and persons subject to the criminal jurisdiction of the 

tribe. 

(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVICTION.—If the conviction for a serious violent felony or serious 

drug offense that was a basis for sentencing under this subsection is found, pursuant to any appropriate State or Federal 

procedure, to be unconstitutional or is vitiated on the explicit 

basis of innocence, or if the convicted person is pardoned on 

the explicit basis of innocence, the person serving a sentence 

imposed under this subsection shall be resentenced to any sentence that was available at the time of the original sentencing. 

(d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST CHILDREN.— (1) IN GENERAL.—Subject to paragraph (2) and notwithstanding any other provision of law, a person who is convicted 

of a Federal offense that is a serious violent felony (as defined 

in subsection (c)) or a violation of section 2422, 2423, or 2251 

shall, unless the sentence of death is imposed, be sentenced to 

imprisonment for life, if— 

(A) the victim of the offense has not attained the age of 

14 years; 

(B) the victim dies as a result of the offense; and 

(C) the defendant, in the course of the offense, engages 

in conduct described in section 3591(a)(2). 

(2) EXCEPTION.—With respect to a person convicted of a Federal offense described in paragraph (1), the court may impose 

any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in 

the investigation or prosecution of another person who has 

committed an offense, in accordance with the Federal Sentencing Guidelines and the policy statements of the Federal 

Sentencing Commission pursuant to section 994(p) of title 28, 

or for other good cause. 

(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED SEX OFFENSES AGAINST CHILDREN.— 

(1) IN GENERAL.—A person who is convicted of a Federal sex 

offense in which a minor is the victim shall be sentenced to life 

imprisonment if the person has a prior sex conviction in which 

a minor was the victim, unless the sentence of death is imposed. 

(2) DEFINITIONS.—For the purposes of this subsection— 

(A) the term ‘‘Federal sex offense’’ means an offense 

under section 1591 (relating to sex trafficking of children), 

12 

2241 (relating to aggravated sexual abuse), 2242 (relating 

to sexual abuse), § 2244(a)(1) or § 2244(a)(5) (relating to 

abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 2251 (relating to sexual exploitation of 

children), 2251A (relating to selling or buying of children), 

2422(b) (relating to coercion and enticement of a minor 

øinto prostitution¿), øor¿ 2423(a) (relating to transportation of minors) or 2423(c) (relating to illicit sexual conduct) ; 

(B) the term ‘‘State sex offense’’ means an offense under 

State law that is punishable by more than one year in 

prison and consists of conduct that would be a Federal sex 

offense if, to the extent or in the manner specified in the 

applicable provision of this title— 

(i) the offense involved interstate or foreign commerce, or the use of the mails; or 

(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the 

special maritime and territorial jurisdiction of the 

United States, in a Federal prison, on any land or 

building owned by, leased to, or otherwise used by or 

under the control of the Government of the United 

States, or in the Indian country (as defined in section 

1151); 

(C) the term ‘‘prior sex conviction’’ means a conviction 

for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, 

and which was for a Federal sex offense or a State sex offense; 

(D) the term ‘‘minor’’ means an individual who has not 

attained the age of 17 years; and 

(E) the term ‘‘State’’ has the meaning given that term in 

subsection (c)(2). 

(3) NONQUALIFYING FELONIES.—An offense described in section 2422(b) øor 2423(a)¿, 2423(a), or 2423(c) shall not serve as 

a basis for sentencing under this subsection if the defendant 

establishes by clear and convincing evidence that— 

(A) the sexual act or activity was consensual and not for 

the purpose of commercial or pecuniary gain; 

(B) the sexual act or activity would not be punishable by 

more than one year in prison under the law of the State 

in which it occurred; or 

(C) no sexual act or activity occurred. 

(f) MANDATORY MINIMUM TERMS OF IMPRISONMENT FOR VIOLENT

CRIMES AGAINST CHILDREN.—A person who is convicted of a Federal offense that is a crime of violence against the person of an individual who has not attained the age of 18 years shall, unless a 

greater mandatory minimum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense— 

(1) if the crime of violence is murder, be imprisoned for life 

or for any term of years not less than 30, except that such person shall be punished by death or life imprisonment if the circumstances satisfy any of subparagraphs (A) through (D) of 

section 3591(a)(2) of this title; 

13 

(2) if the crime of violence is kidnapping (as defined in section 1201) or maiming (as defined in section 114), be imprisoned for life or any term of years not less than 25; and 

(3) if the crime of violence results in serious bodily injury (as 

defined in section 1365), or if a dangerous weapon was used 

during and in relation to the crime of violence, be imprisoned 

for life or for any term of years not less than 10. 

(g)(1) If a defendant who is convicted of a felony offense (other 

than offense of which an element is the false registration of a domain name) knowingly falsely registered a domain name and 

knowingly used that domain name in the course of that offense, the 

maximum imprisonment otherwise provided by law for that offense 

shall be doubled or increased by 7 years, whichever is less. 

(2) As used in this section— 

(A) the term ‘‘falsely registers’’ means registers in a manner 

that prevents the effective identification of or contact with the 

person who registers; and 

(B) the term ‘‘domain name’’ has the meaning given that 

term is section 45 of the Act entitled ‘‘An Act to provide for the 

registration and protection of trademarks used in commerce, to 

carry out the provisions of certain international conventions, 

and for other purposes’’ approved July 5, 1946 (commonly referred to as the ‘‘Trademark Act of 1946’’) (15 U.S.C. 1127). 

* * * * * * * 

Dissenting Views 

INTRODUCTION

H.R. 1862, the ‘‘Global Child Protection Act of 2017,’’ would expand the federal criminal code’s definitions pertaining to unlawful 

sexual conduct with a minor. Specifically, the bill would expand the 

definition of ‘‘illicit sexual conduct’’ as defined in 18 U.S.C. 

§ 2423(f)(1) and the definition of a ‘‘Federal sex offense’’ as defined 

in 18 U.S.C. § 3559(e). As a result of these expansions, more individuals would be subject to mandatory minimum sentences, specifically life imprisonment, which is the penalty for these recidivist offenses under current law. We have long-opposed the imposition of 

mandatory minimum sentences because of their extraordinary injustice, role in causing prison overcrowding, and the excessive costs 

to taxpayers they cause. Mandatory minimum sentences have had 

a particularly devastating impact on minority communities across 

our Nation. Given the fact that H.R. 1862 would subject more individuals to mandatory minimum sentences, we must respectfully 

dissent and urge our colleagues to oppose this legislation when it 

comes to the floor. 

DESCRIPTION AND BACKGROUND

DESCRIPTION

Section 2 of the bill expands the definition of ‘‘illicit sexual conduct’’ found in section 2423(f)(1) of title 18 of the United States 

Code, changing it from a sexual act with a minor as defined in section 2246 that would violate chapter 109A of title 18, to any conduct involving a minor that would violate chapter 109A. Section 3 

expands the definition of a ‘‘Federal sex offense’’ to include violaVerDate Sep 11 2014 01:37 May 25, 2017 Jkt 069006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR139.XXX HR139
14 

1 18 U.S.C. § 2423 (2017) (transportation of minors). 

2 18 U.S.C. § 2426(2) (2017) defines ‘‘sexual act’’ as: contact between the penis and the vulva 

or the penis and the anus, and for purposes of this subparagraph contact involving the penis 

occurs upon penetration, however slight; contact between the mouth and the penis, the mouth 

and the vulva, or the mouth and the anus; the penetration, however slight, of the anal or genital 

opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, 

harass, degrade, or arouse or gratify the sexual desire of any person; or the intentional touching, 

not through the clothing, of the genitalia of another person who has not attained the age of 16 

years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire 

of any person. 3 18 U.S.C. § 2426(3) (2017) defines ‘‘sexual contact’’ as the intentional touching, either directly 

or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire 

of any person. 4Offenses included in chapter 109A: section 2241 (Aggravated Sex Abuse); section 2242 (Sexual Abuse); section 2243 (Sexual Abuse of a Minor or Ward); section § 2244 (Abusive Sexual Contact); and section 2245 (Offenses Resulting in Death). 

tions of section § 2244(a)(5) (sexual abuse of a minor between the 

ages 12 and 15) and section 2423(c) (relating to illicit sexual conduct in foreign places). Section 3 also provides that section 2423(c) 

will not serve as basis for a mandatory life sentence if evidence is 

provided as set forth in section § 3559(e)(3). 

BACKGROUND

‘‘Illicit sexual conduct,’’ as defined in section 2423(f) 1 of title 18 

of the United States Code, includes any ‘‘sexual act’’ with a minor, 

as defined in section 2246,2 but does not include ‘‘sexual contact,’’ 

which is also defined in section 2246.3 The phrase ‘‘illicit sexual 

conduct’’ is referenced in: section 2423(b), which prohibits travel in 

interstate or foreign commerce for the purpose of ‘‘engaging in illicit sexual conduct;’’ section 2423(c), which prohibits U.S. citizens 

and permanent residents from traveling in foreign commerce and 

engaging in illicit sexual conduct; and section 2423(d), which prohibits arranging travel for the purpose engaging in illicit sexual 

conduct. The acts prohibited in chapter 109A 4 (Sexual Abuse) include sexual acts and sexual contact. H.R. 1862 would remove the 

reference to a ‘‘sexual act’’ and instead define ‘‘illicit sexual conduct’’ as any conduct that would violate chapter 109A, thereby significantly expanding the types of behavior that may be prosecuted 

under sections 2423(b), (c), and (d). These offenses are, however, 

not subject to mandatory minimum sentencing. 

Section 3559(e) of title 18 provides that a ‘‘person who is convicted of a Federal sex offense in which a minor is the victim shall 

be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim . . . .’’ Currently, the term 

‘‘Federal sex offense’’ is defined within the statute as an offense 

under sections: 1591 (relating to sex trafficking of children, 2241 

(relating to aggravated sexual abuse), 2242 (relating to sexual 

abuse), 2244(a)(1) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), 2251 (relating to sexual exploitation of children), 2251A (relating to selling or buying of children), 2422(b) (relating to coercion and enticement of a minor into 

prostitution), or 2423(a) (relating to transportation of minors). As 

‘‘Federal sex offense’’ presently refers only to section 2244(a)(1), the 

term does not include sexual contact with children under the age 

of 12 or aggravated sexual contact with children who are 12 to 15 

years old, both of which are found in section 2244(a)(5). This bill 

would amend section 3559(e) to include offenses under section 

2244(a)(5) and section 2423(c). 

15 

5 18 U.S.C. § 2244 (2017) (Abusive Sexual Contact). 

6 18 U.S.C. § 3559(e)(3) (2017). 

Section 2244 5 sets forth criminal offenses involving sexual contact, instead of sexual acts, but references categories of crimes that 

are sexual acts defined in section 2241. In particular, section 

2244(a)(1) criminalizes sexual contact, involving conduct described 

in section 2241(a) and (b). Section 2244(a)(5) criminalizes sexual 

contact, involving conduct described in section 2241(c); section 

2241(c) prohibits aggravated sexual abuse of children under the 

age 12 and children who are 12 to 15 years old. 

The only differences between the offenses in sections 2244(a)(1) 

and (a)(5) are that the latter requires proof of the age of the victim 

and carries higher penalties. In fact, the penalty for section 2241(c) 

violations is significantly more severe than the penalties for sections 2241(a) and (b). Section 2241(c) violations are punishable by 

a mandatory prison term of at least 30 years up to life for sexual 

acts and a maximum of life in prison for sexual contact. Violations 

of sections 2241(a) and (b) are punishable by a maximum of life in 

prison for sexual acts and a maximum of ten years in prison for 

sexual contact; neither offense (section 2241(a) or (b)) is subject to 

mandatory minimum sentencing. As a result of the exclusion of section 2244(a)(5) offenses from the definition of ‘‘Federal offense,’’ the 

recidivist provision of section 3559(e) does not apply to offenders 

who commit sexual contact offenses against children under the age 

of 12 or children who are 12 to 15 years old. 

H.R. 1862 would add section 2244(a)(5) to section 3559(e), subjecting such offenders with prior sex convictions involving minor 

victims to mandatory sentences of life in prison. Section 3559(e) 

would also be amended to include section 2423(c), which prohibits 

the sexual abuse of children abroad by U.S. citizens, as a predicate 

offense for recidivist treatment; section 2423(c) would be added to 

the subsection outlining ‘‘nonqualifying felonies.’’ Under section 

3559(e)(3), an offense will not serve as a basis for the mandatory 

life sentence if the defendant establishes by clear and convincing 

evidence that the sexual act or activity was consensual and not for 

the purpose of commercial or pecuniary gain and the sexual act or 

activity would not be punishable by more than one year in prison 

under the law of the state in which it occurred; or no sexual act 

or activity occurred.6

CONCERNS

I. THE BILL WOULD SUBJECT MORE INDIVIDUALS TO THE IMPOSITION

OF MANDATORY MINIMUM SENTENCES

Our concerns with this bill primarily stem from the expanded application of mandatory minimum sentences that would result from 

broadening the scope of individuals who would be subject to such 

penalties under the bill. H.R. 1862 amends section 3559(e) to include offenses under section 2244(a)(5) and section 2423(c) as predicates for recidivist treatment. While the predicate offenses would 

involve aggravated sexual abuse of children under the age of 12 

and children who are 12 to 15 years old and the sexual abuse of 

children abroad by U.S. citizens, this amendment would add new 

classes of offenders subject to mandatory sentences of life in prison. 

16 

3 U.S. Dep’t of Justice, Bureau of Prisons, Historical Information, at http://www.bop.gov/ 

about/history/ (last visited May 15, 2017); U.S. Dep’t of Justice, Bureau of Prisons, Inmate Statistics: Offenses, at http://www.bop.gov/about/statistics/statistics_inmate_offenses.jsp. (Mar. 

25, 2017). 7The Charles Colson Task Force on Federal Corrections, Consequences of Growth in the Federal Prison Population (May 2015), available at http://www.urban.org/sites/default/files/publication/52636/2000221-Consequences-of-Growth-in-the-Federal-Prison-Population.pdf. 

During the Committee’s consideration of this bill, Ranking Member John Conyers, Jr. offered an amendment to address these concerns. Unfortunately, that amendment was defeated by a vote of 2 

to 14. While we would prefer that mandatory minimum sentences 

be removed from federal law altogether, we believe the amendment 

offered by Ranking Member John Conyers, Jr. represented a reasonable compromise that would have addressed some of our concerns while not harming the goal of the bill. 

The amendment would have provided that, for the offenses that 

the bill would add as predicates for recidivist treatment, these offenses would not be subject to the mandatory life imprisonment, 

but instead would be subject only to the maximum of life in prison, 

based on judicial discretion. In making this change, the amendment would still allow judges to impose life sentences in appropriate cases, but judges would also have the discretion to impose 

sentences less than life in prison if deemed more appropriate under 

the circumstances. The amendment did not suggest that the conduct that the bill would subject to recidivist penalties is not deserving of additional punishment, but that mandatory minimums—of 

life imprisonment no less—are not the right way to impose sentences. 

II. H.R. 1862 WOULD ONLY EXACERBATE THE PROBLEMS CAUSED BY

MANDATORY MINIMUM SENTENCES

Congress should work to eliminate mandatory minimum sentences altogether, not expand them as would be the result under 

H.R. 1862. Mandatory minimum sentences are the wrong way to 

determine punishment. They not only lead to unjust outcomes for 

individuals, but also have serious systemic consequences by contributing to the problem of overincarceration. Since Congress enacted harsh mandatory minimums in the 1980s, the federal prison 

population has exploded by over 700% to more than 188,000 inmates today.3

In addition, higher than warranted sentences resulting from 

mandatory minimum sentencing strain public finances. Expenditures for the federal Bureau of Prisons have risen to comprise approximately 25 percent of the total budget of the Department of 

Justice.7 Every dollar expended on lengthy mandatory minimum 

incarcerations is a dollar that cannot be spent on crime prevention, 

victim services, training, investigation, and prosecution. Absent 

smarter sentencing policies and reformation of mandatory minimum sentences, prison populations and their associated costs will 

continue to escalate. We need to take steps to ensure that sentences are appropriately severe, but are not set beyond levels that 

no longer serve legitimate criminal justice purposes. 

While long sentences may be appropriate under the facts of a 

particular violation of law, Congress cannot know the facts of every 

case in advance. Judges are in the best position to impose sentences that are appropriate for the facts and circumstances of each 

17 

case. Even recognizing the seriousness of these offenses, removing 

mandatory minimums—while still permitting the lengthy statutory 

maximum penalty of life imprisonment—would provide the appropriate spectrum of sentences for culpability and proportionate punishment. 

CONCLUSION

Without question, crimes against children are particularly egregious. Congress must do everything it can to prevent these crimes 

and, when they do occur, hold offenders accountable. Expanding 

the scope of individuals subject to mandatory minimum sentences, 

however, is the wrong answer. Such offenders would still be subject 

to appropriately severe penalties if minimums were eliminated and 

judges imposed sentences based on the facts and circumstances of 

each case, up to the already-lengthy statutory maximum sentences. 

Unfortunately, H.R. 1862 fails to address this critical concern with 

respect to new classes of offenders who would be subject to punishment under the bill. 

Accordingly, we must oppose H.R. 1862 and we urge our colleagues to join us in opposition. 

MR. CONYERS, JR. 

MS. JACKSON LEE. 

MR. JOHNSON, JR. 

MR. GUTIERREZ. 

MS. BASS. 

MR. RICHMOND. 

MR. JEFFRIES. 

Æ