109 STAT. 774 PUBLIC LAW 104–71—DEC. 23, 1995

Public Law 104–71

104th Congress

An Act

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

children.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Sex Crimes Against Children

Prevention Act of 1995’’.

SEC. 2. 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. 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. 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 pornog28 USC 994 note.

28 USC 994 note.

28 USC 994 note.

28 USC 994 note.

Sex Crimes

Against Children

Prevention Act of

1995.

Dec. 23, 1995

[H.R. 1240]
PUBLIC LAW 104–71—DEC. 23, 1995 109 STAT. 775

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.

Æ

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.