II

104TH CONGRESS

1ST SESSION H. R. 1240

IN THE SENATE OF THE UNITED STATES

APRIL 5, 1995

Received

AN ACT

To combat crime by enhancing the penalties for certain

sexual crimes against children.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sexual Crimes Against

5 Children Prevention Act of 1995’’.
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1 SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT IN

2 SEXUAL EXPLOITATION OF CHILDREN.

3 The United States Sentencing Commission shall

4 amend the sentencing guidelines to increase the base of5 fense level for offenses under section 2251 or 2252 of title

6 18, United States Code, by at least 2 levels.

7 SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS

8 IN SEXUAL EXPLOITATION OF CHILDREN.

9 The United States Sentencing Commission shall

10 amend the sentencing guidelines with respect to an offense

11 under—

12 (1) section 2251(c)(1)(A); or

13 (2) any of paragraphs (1) through (3) of sec14 tion 2252(a);

15 of title 18, United States Code, to increase the offense

16 level by at least 2 levels if a computer was used to transmit

17 the notice or advertisement to the intended recipient or

18 to transport or ship the visual depiction.

19 SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF

20 CHILDREN WITH INTENT TO ENGAGE IN

21 CRIMINAL SEXUAL ACTIVITY.

22 The United States Sentencing Commission shall

23 amend the sentencing guidelines to increase the base of24 fense level for an offense under section 2423(a) of title

25 18, United States Code, by at least 3 levels.
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1 SEC. 5. TECHNICAL CORRECTION.

2 Section 2423(b) of title 18, United States Code, is

3 amended by striking ‘‘2245’’ and inserting ‘‘2246’’.

4 SEC. 6. REPORT BY THE UNITED STATES SENTENCING

5 COMMISSION.

6 Not later than 180 days after the date of the enact7 ment of this Act, the United States Sentencing Commis8 sion shall submit a report to Congress concerning offenses

9 involving child pornography and other sexual crimes

10 against children. In this report the Commission shall in11 clude—

12 (1) an analysis of the sentences imposed for of13 fenses under sections 2251, 2252, and 2423 of title

14 18, United States Code, and recommendations as to

15 any modifications to the sentencing guidelines that

16 may be appropriate with respect to those offenses;

17 (2) an analysis of the sentences imposed for of18 fenses under sections 2241, 2242, 2243, and 2244

19 of title 18, United States Code, where the victim was

20 under the age of 18 years, and recommendations as

21 to any modifications to the sentencing guidelines

22 that may be appropriate with respect to those of23 fenses;

24 (3) an analysis of the type of substantial assist25 ance that courts have recognized as warranting a

26 downward departure from the sentencing guidelines
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1 relating to offenses under section 2251 or 2252 of

2 title 18, United States Code;

3 (4) a survey of the recidivism rate for offenders

4 convicted of committing sexual crimes against chil5 dren, an analysis of the impact on recidivism of sex6 ual abuse treatment provided during or after incar7 ceration or both, and an analysis of whether in8 creased penalties would reduce recidivism for these

9 crimes; and

10 (5) such other recommendations with respect to

11 the offenses described in this section as the Commis12 sion deems appropriate.

Passed the House of Representatives April 4, 1995.

Attest: ROBIN H. CARLE,

Clerk.