II

104TH CONGRESS

1ST SESSION S. 705

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

children.

IN THE SENATE OF THE UNITED STATES

APRIL 6 (legislative day, APRIL 5), 1995

Mr. HATCH (for himself, Mr. GRASSLEY, and Mr. THURMOND) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To combat crime by enhancing the penalties for certain sex

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 ‘‘Sex Crimes Against

5 Children Prevention Act of 1995’’.

6 SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT IN7 VOLVING THE SEXUAL EXPLOITATION OF

8 CHILDREN.

9 The United States Sentencing Commission shall

10 amend the sentencing guidelines to—
2

•S 705 IS

1 (1) increase the base offense level for an offense

2 under section 2251 of title 18, United States Code,

3 by at least 2 levels; and

4 (2) increase the base offense level for an offense

5 under section 2252 of title 18, United States Code,

6 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 to increase the base of11 fense level by at least 2 levels for an offense committed

12 under section 2251(c)(1)(A) or 2252(a) of title 18, United

13 States Code, if a computer was used to transmit the notice

14 or advertisement to the intended recipient or to transport

15 or ship the visual depiction.

16 SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF

17 CHILDREN WITH INTENT TO ENGAGE IN

18 CRIMINAL SEXUAL ACTIVITY.

19 The United States Sentencing Commission shall

20 amend the sentencing guidelines to increase the base of21 fense level for an offense under section 2423(a) of title

22 18, United States Code, by at least 3 levels.

23 SEC. 5. TECHNICAL CORRECTION.

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

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

•S 705 IS

1 SEC. 6. REPORT BY THE UNITED STATES SENTENCING

2 COMMISSION.

3 Not later than 180 days after the date of the enact4 ment of this Act, the United States Sentencing Commis5 sion shall submit a report to Congress concerning offenses

6 involving child pornography and other sex offenses against

7 children. The Commission shall include in the report—

8 (1) an analysis of the sentences imposed for of9 fenses under sections 2251, 2252, and 2423 of title

10 18, United States Code, and recommendations re11 garding any modifications to the sentencing guide12 lines that may be appropriate with respect to those

13 offenses;

14 (2) an analysis of the sentences imposed for of15 fenses under sections 2241, 2242, 2243, and 2244

16 of title 18, United States Code, in cases in which the

17 victim was under the age of 18 years, and rec18 ommendations regarding any modifications to the

19 sentencing guidelines that may be appropriate with

20 respect to those offenses;

21 (3) an analysis of the type of substantial assist22 ance that courts have recognized as warranting a

23 downward departure from the sentencing guidelines

24 relating to offenses under section 2251 or 2252 of

25 title 18, United States Code;
4

•S 705 IS

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

2 convicted of committing sex crimes against children,

3 an analysis of the impact on recidivism of sexual

4 abuse treatment provided during or after incarcer5 ation or both, and an analysis of whether increased

6 penalties would reduce recidivism for those crimes;

7 and

8 (5) such other recommendations with respect to

9 the offenses described in this section as the Commis10 sion deems appropriate.

Æ