Union Calendar No. 43

104TH CONGRESS

1ST SESSION H. R. 1240

[Report No. 104–90]

A BILL

To combat crime by enhancing the penalties for

certain sexual crimes against children.

MARCH 28, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 43

104TH CONGRESS

1ST SESSION H. R. 1240

[Report No. 104–90]

To combat crime by enhancing the penalties for certain sexual crimes against

children.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1995

Mr. MCCOLLUM (for himself, Mrs. VUCANOVICH, Mr. COBLE, Mr. BRYANT of

Tennessee, Mr. SCHIFF, Mr. HEINEMAN, Mr. CHABOT, and Mr. BARR)

introduced the following bill; which was referred to the Committee on the

Judiciary

MARCH 28, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 15, 1995]

A BILL

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,
2

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1 SECTION 1. SHORT TITLE.

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

3 Children Prevention Act of 1995’’.

4 SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT IN

5 SEXUAL EXPLOITATION OF CHILDREN.

6 The United States Sentencing Commission shall

7 amend the sentencing guidelines to increase the base offense

8 level for offenses under section 2251 or 2252 of title 18,

9 United States Code, by at least 2 levels.

10 SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS IN

11 SEXUAL EXPLOITATION OF CHILDREN.

12 The United States Sentencing Commission shall

13 amend the sentencing guidelines with respect to an offense

14 under—

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

16 (2) any of paragraphs (1) through (3) of section

17 2252(a);

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

19 by at least 2 levels if a computer was used to transmit the

20 notice or advertisement to the intended recipient or to

21 transport or ship the visual depiction.

22 SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF

23 CHILDREN WITH INTENT TO ENGAGE IN

24 CRIMINAL SEXUAL ACTIVITY.

25 The United States Sentencing Commission shall

26 amend the sentencing guidelines to increase the base offense
3

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1 level for an offense under section 2423(a) of title 18, United

2 States Code, by at least 3 levels.

3 SEC. 5. PREDICATE OFFENSES FOR RICO.

4 Section 1961(1)(B) of title 18, United States Code, is

5 amended by striking ‘‘sections 1461–1465 (relating to ob6 scene matter)’’ and inserting ‘‘chapter 71 (relating to ob7 scenity)’’.

8 SEC. 6. TECHNICAL CORRECTION.

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

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

11 SEC. 7. REPORT BY THE UNITED STATES SENTENCING COM12 MISSION.

13 Not later than 180 days after the date of the enactment

14 of this Act, the United States Sentencing Commission shall

15 submit a report to Congress concerning offenses involving

16 child pornography and other sexual crimes against chil17 dren. In this report the Commission shall include—

18 (1) an analysis of the sentences imposed for of19 fenses under sections 2251, 2252, and 2423 of title 18,

20 United States Code, and recommendations as to any

21 modifications to the sentencing guidelines that may

22 be appropriate with respect to those offenses;

23 (2) an analysis of the sentences imposed for of24 fenses under sections 2241, 2242, 2243, and 2244 of

25 title 18, United States Code, where the victim was
4

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1 under the age of 18 years, and recommendations as

2 to any modifications to the sentencing guidelines that

3 may be appropriate with respect to those offenses;

4 (3) an analysis of the type of substantial assist5 ance that courts have recognized as warranting a

6 downward departure from the sentencing guidelines

7 relating to offenses under section 2251 or 2252 of title

8 18, United States Code;

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

10 convicted of committing sexual crimes against chil11 dren, an analysis of the impact on recidivism of sex12 ual abuse treatment provided during or after incar13 ceration or both, and an analysis of whether increased

14 penalties would reduce recidivism for these crimes;

15 and

16 (5) such other recommendations with respect to

17 the offenses described in this section as the Commis18 sion deems appropriate.