I 

109TH CONGRESS 

1ST SESSION H. R. 2318 

To amend title 18, United States Code, to provide increased penalties for 

sexual offenses against children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2005 

Mr. GREEN of Wisconsin introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide increased 

penalties for sexual offenses against children, and for 

other purposes. 

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 ‘‘Protection Against 

5 Sexual Exploitation of Children Act of 2005’’. 

6 SEC. 2. INCREASED PENALTIES FOR SEXUAL OFFENSES 

7 AGAINST CHILDREN. 

8 (a) SEXUAL ABUSE.— 

9 (1) AGGRAVATED SEXUAL ABUSE OF CHIL10 DREN.—Section 2241(c) of title 18, United States 
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1 Code, is amended by striking ‘‘, imprisoned for any 

2 term of years or life, or both.’’ and inserting ‘‘and 

3 imprisoned for not less than 30 years or for life.’’. 

4 (2) ABUSIVE SEXUAL CONTACT WITH CHIL5 DREN.—Section 2244 of chapter 109A of title 18, 

6 United States Code, is amended— 

7 (A) in subsection (a)— 

8 (i) in paragraph (1), by inserting ‘‘(a) 

9 or (b)’’ after ‘‘section 2241’’; 

10 (ii) by redesignating paragraphs (2), 

11 (3), and (4) as paragraphs (3), (4), and 

12 (5), respectively; and 

13 (iii) by inserting after paragraph (1) 

14 the following: 

15 ‘‘(2) subsection (c) of section 2241 of this title 

16 had the sexual contact been a sexual act, shall be 

17 fined under this title and imprisoned for not less 

18 than 10 years and not more than 25 years;’’; and 

19 (B) in subsection (c), by inserting ‘‘(other 

20 than subsection (a)(2))’’ after ‘‘violates this sec21 tion’’. 

22 (3) SEXUAL ABUSE OF CHILDREN RESULTING

23 IN DEATH.—Section 2245 of title 18, United States 

24 Code, is amended— 
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1 (A) by striking ‘‘A person’’ and inserting 

2 ‘‘(a) IN GENERAL.—A person’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A 

5 person who, in the course of an offense under this chapter, 

6 engages in conduct that results in the death of a person 

7 who has not attained the age of 12 years, shall be pun8 ished by death or imprisoned for not less than 30 years 

9 or for life.’’. 

10 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

11 CHILDREN.— 

12 (1) SEXUAL EXPLOITATION OF CHILDREN.— 

13 Section 2251(e) of title 18, United States Code, is 

14 amended— 

15 (A) by striking ‘‘15 years nor more than 

16 30 years’’ and inserting ‘‘25 years or for life’’; 

17 (B) by striking ‘‘not less than 25 years nor 

18 more than 50 years, but if such person has 2 

19 or more prior convictions under this chapter, 

20 chapter 71, chapter 109A, or chapter 117, or 

21 under section 920 of title 10 (article 120 of the 

22 Uniform Code of Military Justice), or under the 

23 laws of any State relating to the sexual exploi24 tation of children, such person shall be fined 

25 under this title and imprisoned not less than 35 
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1 years nor more than life.’’ and inserting ‘‘life.’’; 

2 and 

3 (C) by striking ‘‘any term of years or for 

4 life’’ and inserting ‘‘not less than 30 years or 

5 for life.’’. 

6 (2) ACTIVITIES RELATING TO MATERIAL IN7 VOLVING THE SEXUAL EXPLOITATION OF CHIL8 DREN.—Section 2252(b) of title 18, United States 

9 Code, is amended— 

10 (A) in paragraph (1)— 

11 (i) by striking ‘‘5 years and not more 

12 than 20 years’’ and inserting ‘‘25 years or 

13 for life’’; and 

14 (ii) by striking ‘‘not less than 15 

15 years nor more than 40 years.’’ and insert16 ing ‘‘life.’’; and 

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘or imprisoned for not 

19 more than’’ and inserting ‘‘and imprisoned 

20 for’’; 

21 (ii) by striking ‘‘, or both’’; and 

22 (iii) by striking ‘‘10 years nor more 

23 than 20 years.’’ and inserting ‘‘30 years or 

24 for life.’’. 
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1 (3) ACTIVITIES RELATING TO MATERIAL CON2 STITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

3 Section 2252A(b) of title 18, United States Code, is 

4 amended— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘5 years and not more 

7 than 20 years’’ and inserting ‘‘25 years or 

8 for life’’; and 

9 (ii) by striking ‘‘not less than 15 

10 years nor more than 40 years’’ and insert11 ing ‘‘life’’; and 

12 (B) in paragraph (2)— 

13 (i) by striking ‘‘or imprisoned not 

14 more than 10 years, or both’’ and inserting 

15 ‘‘and imprisoned for 10 years’’; and 

16 (ii) by striking ‘‘10 years nor more 

17 than 20 years’’ and inserting ‘‘30 years or 

18 for life’’. 

19 (4) USING MISLEADING DOMAIN NAMES TO DI20 RECT CHILDREN TO HARMFUL MATERIAL ON THE

21 INTERNET.—Section 2252B(b) of title 18, United 

22 States Code, is amended by striking ‘‘or imprisoned 

23 not more than 4 years, or both’’ and inserting ‘‘ and 

24 imprisoned not less than 10 years’’. 
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1 (5) PRODUCTION OF SEXUALLY EXPLICIT DE2 PICTIONS OF CHILDREN.—Section 2260(c) of title 

3 18, United States Code, is amended by striking 

4 paragraphs (1) and (2) and inserting the following: 

5 ‘‘(1) shall be fined under this title and impris6 oned for not less than 25 years; and 

7 ‘‘(2) if the person has a prior conviction under 

8 this chapter or chapter 109A, shall be fined under 

9 this title and imprisoned for life.’’. 

10 (c) CONDUCT RELATING TO CHILD PROSTITU11 TION.—Section 2423 of title 18, United States Code, is 

12 amended— 

13 (1) in subsection (a), by striking ‘‘5 years and 

14 not more than 30 years’’ and inserting ‘‘30 years or 

15 for life’’; 

16 (2) in subsection (b), by striking ‘‘or impris17 oned not more than 30 years, or both’’ and inserting 

18 ‘‘and imprisoned for not less than 10 years and not 

19 more than 30 years’’; 

20 (3) in subsection (c), by striking ‘‘or imprisoned 

21 not more than 30 years, or both’’ and inserting ‘‘and 

22 imprisoned for not less than 10 years and not more 

23 than 30 years’’; and 
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1 (4) in subsection (d), by striking ‘‘imprisoned 

2 not more than 30 years, or both’’ and inserting ‘‘and 

3 imprisoned for 30 years’’. 

4 (d) MANDATORY LIFE IMPRISONMENT FOR CERTAIN

5 REPEATED SEX OFFENSES AGAINST CHILDREN.—Sec6 tion 3559(e)(2)(A) of title 18, United States Code, is 

7 amended— 

8 (1) by striking ‘‘or 2423(a)’’ and inserting 

9 ‘‘2423(a)’’; and 

10 (2) by inserting ‘‘, 2423(b) (relating to travel 

11 with intent to engage in illicit sexual conduct), or 

12 2425 (relating to use of interstate facilities to trans13 mit information about a minor)’’ after ‘‘minors)’’. 

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