```

[104th Congress Public Law 71]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ71.104]

[[Page 109 STAT. 774]]

Public Law 104-71
104th Congress

                                 An Act

 
  To combat crime by enhancing the penalties for certain sexual crimes 
        against children. <<NOTE: Dec. 23, 1995 -  [H.R. 1240]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Sex Crimes 
Against Children Prevention Act of 1995.>> 

SECTION 1. <<NOTE: 28 USC 994 note.>> SHORT TITLE.

    This Act may be cited as the ``Sex Crimes Against Children 
Prevention Act of 1995''.

SEC. 2. <<NOTE: 28 USC 994 note.>> INCREASED PENALTIES FOR CERTAIN 
            CONDUCT INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to--
            (1) increase the base offense level for an offense under 
        section 2251 of title 18, United States Code, by at least 2 
        levels; and
            (2) increase the base offense level for an offense under 
        section 2252 of title 18, United States Code, by at least 2 
        levels.

SEC. 3. <<NOTE: 28 USC 994 note.>> INCREASED PENALTIES FOR USE OF 
            COMPUTERS IN SEXUAL EXPLOITATION OF CHILDREN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase the base offense level by at least 2 levels for 
an offense committed under section 2251(c)(1)(A) or 2252(a) of title 18, 
United States Code, if a computer was used to transmit the notice or 
advertisement to the intended recipient or to transport or ship the 
visual depiction.

SEC. 4. <<NOTE: 28 USC 994 note.>> INCREASED PENALTIES FOR 
            TRANSPORTATION OF CHILDREN WITH INTENT TO ENGAGE IN CRIMINAL 
            SEXUAL ACTIVITY.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase the base offense level for an offense under 
section 2423(a) of title 18, United States Code, by at least 3 levels.

SEC. 5. TECHNICAL CORRECTION.

    Section 2423(b) of title 18, United States Code, is amended by 
striking ``2245'' and inserting ``2246''.

SEC. 6. REPORT BY THE UNITED STATES SENTENCING COMMISSION.

    Not later than 180 days after the date of the enactment of this Act, 
the United States Sentencing Commission shall submit a report to 
Congress concerning offenses involving child pornog

[[Page 109 STAT. 775]]

raphy and other sex offenses against children. The Commission shall 
include in the report--
            (1) an analysis of the sentences imposed for offenses under 
        sections 2251, 2252, and 2423 of title 18, United States Code, 
        and recommendations regarding any modifications to the 
        sentencing guidelines that may be appropriate with respect to 
        those offenses;
            (2) an analysis of the sentences imposed for offenses under 
        sections 2241, 2242, 2243, and 2244 of title 18, United States 
        Code, in cases in which the victim was under the age of 18 
        years, and recommendations regarding any modifications to the 
        sentencing guidelines that may be appropriate with respect to 
        those offenses;
            (3) an analysis of the type of substantial assistance that 
        courts have recognized as warranting a downward departure from 
        the sentencing guidelines relating to offenses under section 
        2251 or 2252 of title 18, United States Code;
            (4) a survey of the recidivism rate for offenders convicted 
        of committing sex crimes against children, an analysis of the 
        impact on recidivism of sexual abuse treatment provided during 
        or after incarceration or both, and an analysis of whether 
        increased penalties would reduce recidivism for those crimes; 
        and
            (5) such other recommendations with respect to the offenses 
        described in this section as the Commission deems appropriate.

    Approved December 23, 1995.

LEGISLATIVE HISTORY--H.R. 1240:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-90 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            Apr. 4, considered and passed House.
            Apr. 6, considered and passed Senate, amended.
            Dec. 12, House concurred in Senate amendment.

                                  <all>
```