I 

118TH CONGRESS 

2D SESSION H. R. 9047 

To amend title 18, United States Code, to modify provisions relating to 

kidnapping, sexual abuse, and illicit sexual conduct with respect to minors. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2024 

Mr. NEHLS (for himself and Ms. DEAN of Pennsylvania) introduced the 

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

A BILL 

To amend title 18, United States Code, to modify provisions 

relating to kidnapping, sexual abuse, and illicit sexual 

conduct with respect to minors. 

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

3 SECTION 1. KIDNAPPING; SEXUAL ABUSE; ILLICIT SEXUAL 

4 CONDUCT WITH RESPECT TO MINORS. 

5 (a) IN GENERAL.—Part I of title 18, United States 

6 Code, is amended— 

7 (1) in section 1201— 

8 (A) in subsection (a), in the matter pre9 ceding paragraph (1), by inserting ‘‘obtains by 


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1 defrauding or deceiving any person,’’ after ‘‘ab2 ducts,’’; 

3 (B) in subsection (b), by inserting ‘‘ob4 tained by defrauding or deceiving any person,’’ 

5 after ‘‘abducted,’’; and 

6 (C) in subsection (g), by adding at the end 

7 the following: 

8 ‘‘(2) DEFENSE.—For an offense described in 

9 this subsection involving a victim who has not at10 tained the age of 16 years, it is not a defense that 

11 the victim consented to the conduct of the offender, 

12 unless the offender can establish by a preponderance 

13 of the evidence that the offender reasonably believed 

14 that the victim had attained the age of 16 years.’’; 

15 (2) in chapter 109A— 

16 (A) in section 2241(c), by striking ‘‘crosses 

17 a State line’’ and inserting ‘‘travels in inter18 state or foreign commerce’’; 

19 (B) in section 2242(3), by striking ‘‘, to 

20 include doing so’’ and inserting ‘‘or’’; 

21 (C) in section 2243, by adding at the end 

22 the following: 

23 ‘‘(f) INTENTIONAL TOUCHING INVOLVING INDIVID24 UALS UNDER THE AGE OF 16.— 


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1 ‘‘(1) OFFENSE.—It shall be unlawful, in the 

2 special maritime and territorial jurisdiction of the 

3 United States or in a Federal prison, or in any pris4 on, institution, or facility in which persons are held 

5 in custody by direction of or pursuant to a contract 

6 or agreement with the head of any Federal depart7 ment or agency, to knowingly cause the intentional 

8 touching, not through the clothing, of the genitalia 

9 of any person by a person who has not attained the 

10 age of 16 years, with an intent to abuse, humiliate, 

11 harass, degrade, or arouse or gratify the sexual de12 sire of any person, or attempt to do so, if to do so 

13 would violate subsection (a), (b), or (c) of this sec14 tion, section 2241, or section 2242 had such inten15 tional touching been a sexual act. 

16 ‘‘(2) PENALTY.—Any person who violates para17 graph (1) shall be fined under this title, imprisoned 

18 as provided in the applicable provision of law de19 scribed in that paragraph, or both.’’; and 

20 (D) in section 2244— 

21 (i) in subsection (a)— 

22 (I) by redesignating paragraphs 

23 (1) through (6) as subparagraphs (A) 

24 through (F), respectively, and adjust25 ing the margins accordingly; 


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1 (II) by striking ‘‘Whoever’’ and 

2 inserting the following: 

3 ‘‘(1) IN GENERAL.—Whoever’’; 

4 (III) in paragraph (1), as so des5 ignated— 

6 (aa) in the matter preceding 

7 subparagraph (A), as so redesig8 nated, by striking ‘‘if so to do’’ 

9 and inserting ‘‘if to do so’’; 

10 (bb) in subparagraph (A), as 

11 so redesignated, by striking 

12 ‘‘ten’’ and inserting ‘‘10’’; 

13 (cc) in subparagraph (B), as 

14 so redesignated, by striking 

15 ‘‘three’’ and inserting ‘‘3’’; 

16 (dd) in subparagraph (C), as 

17 so redesignated, by striking 

18 ‘‘two’’ and inserting ‘‘2’’; 

19 (ee) in subparagraph (D), as 

20 so redesignated, by striking 

21 ‘‘two’’ and inserting ‘‘2’’; and 

22 (ff) in subparagraph (F), as 

23 so redesignated, by striking the 

24 semicolon at the end and insert25 ing a period; and 


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1 (IV) by adding at the end the fol2 lowing: 

3 ‘‘(2) ATTEMPT.—Whoever attempts to commit 

4 an offense under paragraph (1) shall be subject to 

5 the same penalty as for a completed offense.’’; 

6 (ii) in subsection (b)— 

7 (I) by inserting ‘‘or causes’’ after 

8 ‘‘engages in’’; 

9 (II) by inserting ‘‘or by’’ after 

10 ‘‘sexual contact with’’; 

11 (III) by inserting ‘‘, or attempts 

12 to do so,’’ after ‘‘other person’s per13 mission’’; and 

14 (IV) by striking ‘‘two’’ and in15 serting ‘‘2’’; and 

16 (iii) in subsection (c), by striking ‘‘If 

17 the sexual contact that violates this section 

18 (other than subsection (a)(5)) is with an 

19 individual’’ and inserting ‘‘If the sexual 

20 contact or attempted sexual contact that a 

21 person engages in or causes in violation of 

22 this section (other than subsection 

23 (a)(1)(E)) is with or by an individual’’; 

24 and 

25 (3) in section 2423(f)(1)— 


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1 (A) by striking ‘‘a sexual act (as defined in 

2 section 2246) with’’ and inserting ‘‘any conduct 

3 involving’’; and 

4 (B) by striking ‘‘sexual act occurred’’ and 

5 inserting ‘‘conduct occurred’’. 

6 (b) EFFECTIVE DATE.—The amendment to section 

7 2241(c) of title 18, United States Code, made by sub8 section (a) shall apply to conduct that occurred before, on, 

9 or after the date of enactment of this Act. 

10 SEC. 2. CONFORMING AMENDMENTS RELATING TO ABU11 SIVE SEXUAL CONTACT. 

12 (a) PENALTIES FOR CIVIL RIGHTS OFFENSES IN13 VOLVING SEXUAL MISCONDUCT.—Section 250(b) of title 

14 18, United States Code, is amended— 

15 (1) in paragraph (2), by striking ‘‘section 

16 2244(a)(5),’’ and inserting ‘‘section 2244(a)(1)(E), 

17 or an attempt to engage in or cause such contact as 

18 prohibited by section 2244(a)(2),’’; 

19 (2) in paragraph (4), in the matter preceding 

20 subparagraph (A), by striking ‘‘subsection (a)(1) or 

21 (b) of section 2244, but excluding abusive sexual 

22 contact through the clothing’’ and inserting ‘‘section 

23 2244(a)(1)(A), an attempt to engage in or cause 

24 such contact as prohibited by section 2244(a)(2), or 

25 abusive sexual contact of the type prohibited by secVerDate Sep 11 2014 22:12 Aug 16, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9047.IH H9047

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1 tion 2244(b), but excluding abusive sexual contact 

2 through the clothing or an attempt to engage in or 

3 cause such contact’’; 

4 (3) in paragraph (5), in the matter preceding 

5 subparagraph (A), by striking ‘‘section 2244(a)(2)’’ 

6 and inserting ‘‘section 2244(a)(1)(B) or an attempt 

7 to engage in or cause such contact as prohibited by 

8 section 2244(a)(2)’’; and 

9 (4) in paragraph (6), in the matter preceding 

10 subparagraph (A), by striking ‘‘subsection (a)(3), 

11 (a)(4), or (b) of section 2244’’ and inserting ‘‘sub12 paragraph (C) or (D) of section 2244(a)(1), an at13 tempt to engage in or cause such contact as prohib14 ited by section 2244(a)(2), or abusive sexual contact 

15 of the type prohibited by section 2244(b)’’. 

16 (b) SENTENCING CLASSIFICATION OF OFFENSES.— 

17 Section 3559 of title 18, United States Code, is amend18 ed— 

19 (1) in subsection (c)(2)(F)(i), by striking ‘‘sec20 tions 2244(a)(1) and (a)(2)’’ and inserting ‘‘sub21 paragraphs (A) and (B) of section 2244(a)(1)’’; and 

22 (2) in subsection (e)(2)(A), by striking 

23 ‘‘2244(a)(1)’’ and inserting ‘‘2244(a)(1)(A)’’. 

Æ 


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