II

105TH CONGRESS

2D SESSION S. 1987

To amend title 18, United States Code, with respect to violent sex crimes

against children, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 24, 1998

Mr. DEWINE (for himself and Mrs. HUTCHISON) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, with respect

to violent sex crimes 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Child Protection and Sexual Predator Punishment Act

6 of 1998’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:

Sec. 1. Short title; table of contents.
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TITLE I—PROTECTING CHILDREN FROM SEXUAL PREDATORS

AND COMPUTER PORNOGRAPHY

Sec. 101. Contacting minors for sexual purposes.

Sec. 102. Transfer of obscene material to minors.

Sec. 103. Increased prison sentences for enticement of minors.

Sec. 104. Increased penalties for certain activities relating to material involving

the sexual exploitation of minors or child pornography and

technical correction.

Sec. 105. Criminal forfeiture for solicitation of minors and interstate prostitution.

Sec. 106. Pretrial detention of child sex offenders.

Sec. 107. Increased prison sentences.

Sec. 108. Repeat offenders in transportation offense.

TITLE II—PUNISHING SEXUAL PREDATORS

Sec. 201. Sentencing enhancement in section 2423 cases.

Sec. 202. Increased penalties for transportation of minors or assumed minors

for illegal sexual activity and related crimes.

Sec. 203. Increased penalties for abusive sexual contact.

Sec. 204. Repeat offenders in sexual abuse cases.

Sec. 205. Civil remedy for personal injuries resulting from certain sex crimes

against children.

Sec. 206. Elimination of redundancy and ambiguities.

TITLE III—FEDERAL INVESTIGATIONS OF SEX CRIMES AGAINST

CHILDREN AND SERIAL KILLERS

Sec. 301. Administrative subpoenas.

Sec. 302. Kidnapping.

Sec. 303. Murder.

Sec. 304. Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center.

TITLE IV—MISCELLANEOUS PROVISIONS

Sec. 401. Establishment of general attempt offense.

Sec. 402. Rationalization of conspiracy penalty and establishment of renunciation defense.

1 TITLE I—PROTECTING CHIL2 DREN FROM SEXUAL PREDA3 TORS AND COMPUTER POR4 NOGRAPHY

5 SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.

6 Section 2422 of title 18, United States Code, is

7 amended by adding at the end the following:
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1 ‘‘(c) CONTACTING MINORS FOR SEXUAL PUR2 POSES.—Whoever, using the mail or any facility or means

3 of interstate or foreign commerce, or within the special

4 maritime and territorial jurisdiction of the United States,

5 knowingly contacts an individual who has not attained the

6 age of 18 years, or knowingly contacts an individual who

7 has been represented to the person making the contact

8 as not having attained the age of 18 years, for the purpose

9 of engaging in any sexual activity with a person who has

10 not attained the age of 18 years, for which any person

11 may be criminally prosecuted, or attempts to do so, shall

12 be fined under this title, imprisoned not more than 5

13 years, or both.’’.

14 SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.

15 (a) IN GENERAL.—Chapter 71 of title 18, United

16 States Code, is amended by adding at the end the follow17 ing:

18 ‘‘§ 1470. Transfer of obscene material to minors

19 ‘‘Whoever, using the mail or any facility or means

20 of interstate or foreign commerce—

21 ‘‘(1) knowingly transfers obscene matter to an

22 individual who has not attained the age of 18 years,

23 or attempts to do so; or
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1 ‘‘(2) knowingly transfers obscene matter to an

2 individual who has been represented to the trans3 feror as not having attained the age of 18 years;

4 shall be fined under this title, imprisoned not more than

5 5 years, or both.’’.

6 (b) TECHNICAL AMENDMENT.—The analysis for

7 chapter 71 of title 18, United States Code, is amended

8 by adding at the end the following:

‘‘1470. Transfer of obscene material to minors.’’.

9 SEC. 103. INCREASED PRISON SENTENCES FOR ENTICE10 MENT OF MINORS.

11 Section 2422 of title 18, United States Code, is

12 amended—

13 (1) in subsection (a)—

14 (A) by inserting ‘‘or attempts to do so,’’

15 before ‘‘shall’’; and

16 (B) by adding at the end the following: ‘‘If

17 the individual had not attained the age of 18

18 years at the time of the offense, the maximum

19 imprisonment for an offense under this sub20 section is 10 years.’’; and

21 (2) in subsection (b), by striking ‘‘10’’ and in22 serting ‘‘15’’.
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1 SEC. 104. INCREASED PENALTIES FOR CERTAIN ACTIVITIES

2 RELATING TO MATERIAL INVOLVING THE

3 SEXUAL EXPLOITATION OF MINORS OR

4 CHILD PORNOGRAPHY AND TECHNICAL COR5 RECTION.

6 (a) INCREASED PENALTIES IN SECTION 2252.—Sec7 tion 2252(b) of title 18, United States Code, is amended—

8 (1) in each of paragraphs (1) and (2), by strik9 ing ‘‘or chapter 109A’’ and inserting ‘‘chapter 109A,

10 or chapter 117’’; and

11 (2) in paragraph (2), by inserting ‘‘the offense

12 consisted of the possession of 50 or more items of

13 the sort described in subsection (a)(4) or’’ after ‘‘if’’.

14 (b) INCREASED PENALTIES IN SECTION 2252A.—

15 Section 2252A(b)(2) of title 18, United States Code, is

16 amended by inserting ‘‘the offense consisted of the posses17 sion of 50 or more images of the sort described in sub18 section (a)(4) or’’ after ‘‘if’’.

19 (c) OTHER AMENDMENTS.—Chapter 110 of title 18,

20 United States Code, is amended—

21 (1) in section 2251—

22 (A) in subsection (a), by striking ‘‘if such

23 person knows’’ and all that follows before the

24 period and inserting the following: ‘‘if—
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1 ‘‘(1) such person knows or has reason to know

2 that such visual depiction will be transported in

3 interstate or foreign commerce or mailed;

4 ‘‘(2) such visual depiction has actually been

5 transported in interstate or foreign commerce or

6 mailed; or

7 ‘‘(3) such visual depiction is produced with ma8 terials that have been mailed, shipped, or trans9 ported in interstate or foreign commerce by any

10 means, including by computer’’; and

11 (B) in subsection (b), by striking ‘‘if such

12 parent, legal’’ and all that follows before the pe13 riod and inserting the following: ‘‘if—

14 ‘‘(1) such parent, legal guardian, or person

15 knows or has reason to know that such visual depic16 tion will be transported in interstate or foreign com17 merce or mailed;

18 ‘‘(2) such visual depiction has actually been

19 transported in interstate or foreign commerce or

20 mailed; or

21 ‘‘(3) such visual depiction is produced with ma22 terials that have been mailed, shipped, or trans23 ported in interstate or foreign commerce by any

24 means, including by computer’’;
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1 (2) in section 2252(a), by striking paragraph

2 (4) and inserting the following:

3 ‘‘(4) either—

4 ‘‘(A) in the special maritime and territorial

5 jurisdiction of the United States, or on any

6 land or building owned by, leased to, or other7 wise used by or under the control of the Gov8 ernment of the United States, or in the Indian

9 country (as defined in section 1151), knowingly

10 possesses—

11 ‘‘(i) 1 or more books, magazines, peri12 odicals, films, video tapes, computer disks,

13 or other matter that contain any visual de14 piction, if—

15 ‘‘(I) the producing of such visual

16 depiction involves the use of a minor

17 engaging in sexually explicit conduct;

18 and

19 ‘‘(II) such visual depiction is of

20 such conduct; or

21 ‘‘(ii) any book, magazine, periodical,

22 film, videotape, computer disk, or any

23 other material that contains 1 or more vis24 ual depictions, if—
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1 ‘‘(I) the producing of each visual

2 depiction involves the use of a minor

3 engaging in sexually explicit conduct;

4 and

5 ‘‘(II) each visual depiction is of

6 such conduct; or

7 ‘‘(B) knowingly possesses—

8 ‘‘(i) 1 or more books, magazines, peri9 odicals, films, video tapes, or other matter

10 that contain any visual depiction that has

11 been mailed, or has been shipped or trans12 ported in interstate or foreign commerce,

13 or that was produced using materials that

14 have been mailed or so shipped or trans15 ported, by any means including by com16 puter, if—

17 ‘‘(I) the producing of such visual

18 depiction involves the use of a minor

19 engaging in sexually explicit conduct;

20 and

21 ‘‘(II) such visual depiction is of

22 such conduct; or

23 ‘‘(ii) any book, magazine, periodical,

24 film, videotape, computer disk, or any
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1 other material that contains 1 or more vis2 ual depictions, if—

3 ‘‘(I) the producing of each visual

4 depiction involves the use of a minor

5 engaging in sexually explicit conduct;

6 and

7 ‘‘(II) each visual depiction is of

8 such conduct;’’; and

9 (3) in section 2259(a), by inserting ‘‘or chapter

10 117’’ before the period at the end.

11 SEC. 105. CRIMINAL FORFEITURE FOR SOLICITATION OF

12 MINORS AND INTERSTATE PROSTITUTION.

13 Section 2253(a) of title 18, United States Code, is

14 amended by striking ‘‘or 2252 of this chapter’’ and insert15 ing ‘‘2252, 2252A, or 2260 of this chapter, or who is con16 victed of an offense under section 2421, 2422, or 2423

17 of chapter 117’’.

18 SEC. 106. PRETRIAL DETENTION OF CHILD SEX

19 OFFENDERS.

20 Section 3156(a)(4)(C) of title 18, United States

21 Code, is amended to read as follows:

22 ‘‘(C) any felony under chapter 109A, chap23 ter 110, or chapter 117; and’’.
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1 SEC. 107. INCREASED PRISON SENTENCES.

2 Section 2422(b) of title 18, United States Code, is

3 amended by adding at the end the following: ‘‘If, during

4 the course of committing the offense under this sub5 section, the defendant used a computer to transmit a com6 munication to the minor, the minimum term of imprison7 ment for the offense under this subsection is 3 years.’’.

8 SEC. 108. REPEAT OFFENDERS IN TRANSPORTATION

9 OFFENSE.

10 (a) GENERALLY.—Chapter 117 of title 18, United

11 States Code, is amended by adding at the end the follow12 ing:

13 ‘‘§ 2425. Repeat offenders

14 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The

15 maximum term of imprisonment for a violation of this

16 chapter after a prior sex offense conviction shall be twice

17 the term otherwise provided by this chapter.

18 ‘‘(b) DEFINITION OF PRIOR SEX CONVICTION.—In

19 this section, the term ‘prior sex offense conviction’ means

20 a conviction for an offense—

21 ‘‘(1) under this chapter, chapter 109A, chapter

22 110, or chapter 117; or

23 ‘‘(2) under State law for an offense consisting

24 of conduct that would have been an offense under a

25 chapter referred to in paragraph (1) if the conduct

26 had occurred within the special maritime and terri-
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1 torial jurisdiction of the United States or in any

2 Territory or Possession of the United States.’’.

3 (b) TECHNICAL AMENDMENT.—The analysis for

4 chapter 117 of title 18, United States Code, is amended

5 by adding at the end the following:

‘‘2425. Repeat offenders.’’.

6 TITLE II—PUNISHING SEXUAL

7 PREDATORS

8 SEC. 201. SENTENCING ENHANCEMENT IN SECTION 2423

9 CASES.

10 (a) IN GENERAL.—Pursuant to its authority under

11 section 994(p) of title 28, United States Code, the United

12 States Sentencing Commission shall review and amend the

13 Federal sentencing guidelines to provide a sentencing en14 hancement for any offense listed in section 2423 of title

15 18, United States Code.

16 (b) INSTRUCTION TO COMMISSION.—The United

17 States Sentencing Commission shall ensure that the sen18 tences, guidelines, and policy statements for offenders con19 victed of offenses described in subsection (a) are appro20 priately severe and reasonably consistent with other rel21 evant directives and with other Federal sentencing guide22 lines.
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1 SEC. 202. INCREASED PENALTIES FOR TRANSPORTATION

2 OF MINORS OR ASSUMED MINORS FOR ILLE3 GAL SEXUAL ACTIVITY AND RELATED

4 CRIMES.

5 Section 2423 of title 18, United States Code, is

6 amended to read as follows:

7 § ‘‘2423. Transportation of minors and assumed mi8 nors

9 ‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE

10 IN CRIMINAL SEXUAL ACTIVITY.—A person who know11 ingly—

12 ‘‘(1) transports an individual who has not at13 tained the age of 18 years; or

14 ‘‘(2) transports an individual, who has been

15 represented to the person as not having attained the

16 age of 18 years;

17 in interstate or foreign commerce, or in any Territory or

18 Possession of the United States, with intent that the indi19 vidual engage in prostitution, or in any sexual activity for

20 which any person can be charged with a criminal offense,

21 shall be fined under this title, imprisoned not more than

22 15 years, or both.

23 ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL

24 ACT WITH A JUVENILE.—A person who travels in inter25 state commerce, or conspires to do so, or a United States

26 citizen or an alien admitted for permanent residence in
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1 the United States who travels in foreign commerce, or con2 spires to do so, for the purpose of engaging in any sexual

3 activity for which any person can be charged with a crimi4 nal offense, with another person who has not attained the

5 age of 18 years, or who has been represented to the person

6 as not having attained the age of 18 years, shall be fined

7 under this title, imprisoned not more than 15 years, or

8 both.’’.

9 SEC. 203. INCREASED PENALTIES FOR ABUSIVE SEXUAL

10 CONTACT.

11 Section 2244 of title 18, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If

14 the sexual contact that violates this section is with an indi15 vidual who has not attained the age of 12 years, the maxi16 mum term of imprisonment that may be imposed for the

17 offense shall be twice that otherwise provides in this sec18 tion.’’.

19 SEC. 204. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.

20 Section 2247 of title 18, United States Code, is

21 amended to read as follows:

22 ‘‘§ 2247. Repeat offenders

23 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The

24 maximum term of imprisonment for a violation of this
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1 chapter after a prior sex offense conviction shall be twice

2 the term otherwise provided by this chapter.

3 ‘‘(b) DEFINITION OF PRIOR SEX OFFENSE CONVIC4 TION.—In this section, the term ‘prior sex offense convic5 tion’ has the meaning given the term in section 2425.’’.

6 SEC. 205. CIVIL REMEDY FOR PERSONAL INJURIES RE7 SULTING FROM CERTAIN SEX CRIMES

8 AGAINST CHILDREN.

9 Section 2255 of title 18, United States Code, is

10 amended by striking ‘‘2251 or 2252’’ and inserting

11 ‘‘2241(c), 2243, 2251, 2252, 2421, 2422, or 2423’’.

12 SEC. 206. ELIMINATION OF REDUNDANCY AND AMBIGU13 ITIES.

14 (a) ELIMINATION OF REDUNDANCY.—Section

15 2241(c) of title 18, United States Code, is amended to

16 read as follows:

17 ‘‘(c) IN GENERAL.—Any person who—

18 ‘‘(1) crosses a State line with the intent to en19 gage in a sexual activity with an individual who has

20 not attained the age of 12 years, and subsequently

21 engages or attempts to engage in that activity with

22 that individual;

23 ‘‘(2) crosses a State line with the intent to en24 gage in a sexual activity with an individual who has

25 attained the age of 12 years, but who has not at-
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1 tained the age of 18 years, and who is not less 4

2 years younger than that person, and subsequently

3 engages or attempts to engage in that activity with

4 that individual; or

5 ‘‘(3) engages in an aggravated sexual activity

6 under the circumstances described in subsections (a)

7 and (b) with an individual who has attained the age

8 of 12 years, but who has not attained the age of 18

9 years;

10 shall be fined under this title, imprisoned not more than

11 15 years or for life, or both.’’.

12 (b) ELIMINATION OF REDUNDANCY.—Section

13 2243(a) of title 18, United States Code, is amended by

14 striking ‘‘crosses a State line with intent to engage in a

15 sexual act with a person who has not attained the age

16 of 12 years, or’’.

17 (c) DEFINITION OF STATE.—Section 2246 of title 18,

18 United States Code, is amended—

19 (1) in paragraph (5), by striking the period and

20 inserting a semicolon; and

21 (2) by adding at the end the following:

22 ‘‘(6) the term ‘State’ means each of the several

23 States of the United States, the District of Colum24 bia, and the commonwealths, territories, and posses25 sions of the United States.’’.
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1 TITLE III—FEDERAL INVESTIGA2 TIONS OF SEX CRIMES

3 AGAINST CHILDREN AND SE4 RIAL KILLERS

5 SEC. 301. ADMINISTRATIVE SUBPOENAS.

6 (a) IN GENERAL.—Chapter 203 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 3064. Administrative subpoenas

10 ‘‘(a) AUTHORIZATION OF USE.—In an investigation

11 of an alleged violation of chapter 53, chapter 109A, or

12 chapter 117, in which a victim is an individual who has

13 not, or who has been represented not to have, attained

14 the age of 18 years, the Attorney General may subpoena

15 witnesses, compel the production of any records (including

16 books, papers, documents, electronic data, and other tan17 gible things that constitute or contain evidence) that the

18 Attorney General finds relevant or material to the inves19 tigation. The attendance of witnesses and the production

20 of records may be required from any place in any State

21 or in any territory or other place subject to the jurisdiction

22 of the United States at any designated place of hearing,

23 except that a witness shall not be required to appear at

24 any hearing more than 500 miles distant from the location

25 at which the witness was served with a subpoena. Wit-
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1 nesses summoned under this section shall be paid the

2 same fees and commissions that are paid witnesses in the

3 courts of the United States.

4 ‘‘(b) SERVICE.—A subpoena issued under this section

5 may be served by any person designated in the subpoena

6 to serve it. Service upon a natural person may be made

7 by personal delivery of the subpoena to that person or by

8 certified mail with return receipt requested. Service may

9 be made upon a domestic or foreign corporation or upon

10 a partnership or other unincorporated association that is

11 subject to suit under a common name, by delivering the

12 subpoena to an officer, to a managing or general agent,

13 or any other agent authorized by appointment or by law

14 to receive service of process. The affidavit of the person

15 serving the subpoena entered on a true copy thereof by

16 the person serving it shall be proof of service.

17 ‘‘(c) ENFORCEMENT.—In the case of contumacy by

18 or the refusal to obey a subpoena issued to any person

19 under this section, the Attorney General may invoke the

20 aid of any court of the United States within the jurisdic21 tion of which the investigation is carried on, or of which

22 the person is an inhabitant or in which the person carries

23 on business or may be found, to compel compliance with

24 the subpoena. The court may issue an order requiring the

25 subpoenaed person to appear before the Attorney General
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1 to produce records, if so ordered, or to give testimony re2 garding the matter under investigation. Any failure to

3 obey the order of the court may be punished by the court

4 as contempt thereof. All process in any such case may be

5 served in any judicial district in which such person may

6 be found.’’.

7 (b) TECHNICAL AMENDMENT.—The analysis for

8 chapter 203 of title 18, United States Code, is amended

9 by adding at the end the following:

‘‘3064. Administrative subpoenas.’’.

10 SEC. 302. KIDNAPPING.

11 (a) 24-HOUR RULE.—Section 1201(b) of title 18,

12 United States Code, is amended by adding at the end the

13 following: ‘‘However, the fact that the presumption under

14 this section has not yet taken effect does not preclude a

15 Federal investigation of a possible violation of this section

16 before the 24-hour period has expired.’’.

17 (b) JURISDICTIONAL ELEMENTS.—Section 1201(a)

18 of title 18, United States Code, is amended—

19 (1) in paragraph (4), by striking ‘‘or’’ at the

20 end;

21 (2) in paragraph (5), by adding ‘‘or’’ at the

22 end; and

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

24 ‘‘(6) the offender travels in interstate or foreign

25 commerce, or the mail or any facility or means of
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1 interstate or foreign commerce is used in further2 ance of the offense;’’.

3 (c) CLARIFICATION OF ELEMENT OF OFFENSE.—

4 Section 1201(a) of title 18, United States Code, is amend5 ed by inserting ‘‘, regardless of whether such person was

6 alive when transported across a State boundary provided

7 the person was alive when the transportation began’’ be8 fore the semicolon at the end of paragraph (1);

9 SEC. 303. MURDER

10 (a) NEW OFFENSE OF CROSSING STATE LINES WITH

11 INTENT TO COMMIT MURDER.—Chapter 51 of title 18,

12 United States Code, is amended by adding at the end the

13 following:

14 ‘‘§ 1123. Crossing State lines with intent to commit

15 murder

16 ‘‘(a) IN GENERAL.—Whoever travels across a State

17 line or enters or leaves Indian country with the intent to

18 engage in conduct that constitutes murder in the first de19 gree (as defined in section 1111) shall be imprisoned for

20 life and, if death results, may be sentenced to death.

21 ‘‘(b) PROSECUTION.—No prosecution for any offense

22 described in this section shall be undertaken by the United

23 States except on written certification of the Attorney Gen24 eral (or the highest ranking subordinate of the Attorney

25 General with responsibility for criminal prosecutions) that,
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1 in the judgment of the certifying official, the conduct in2 tended to be engaged in was a serial killing. A certification

3 under this subsection shall not be reviewable in any court.

4 ‘‘(c) DEFINITIONS.—In this section—

5 ‘‘(1) the term ‘serial killing’ means 1 in a series

6 of 3 or more killings during separate criminal epi7 sodes, not less than 1 of which is committed in the

8 United States having common characteristics that

9 suggest the reasonable possibility the killings were

10 committed by the same actor or actors; and

11 ‘‘(2) the term ‘State’ means a State, the Dis12 trict of Columbia, and any commonwealth, territory,

13 or possession of the United States.’’.

14 (b) TECHNICAL AMENDMENT.—The analysis for

15 chapter 51 of title 18, United States Code, is amended

16 by adding at the end the following:

‘‘1123. Crossing State lines with intent to commit murder.’’.

17 SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION AND

18 SERIAL MURDER INVESTIGATIVE RE19 SOURCES CENTER.

20 (a) ESTABLISHMENT.—Not later than 90 days after

21 the date of enactment of this Act, the Attorney General

22 shall establish within the Federal Bureau of Investigation

23 a Child Abduction and Serial Murder Investigative Re24 sources Center to be known as the ‘‘Morgan P. Hardiman

25 Child Abduction and Serial Murder Investigative Re-
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1 sources Center’’ (in this section referred to as the

2 ‘‘CASMIRC’’).

3 (b) PURPOSE.—The CASMIRC shall be managed by

4 the National Center for the Analysis of Violent Crime of

5 the Critical Incident Response Group of the Federal Bu6 reau of Investigation (in this section referred to as the

7 ‘‘NCAVC’’), and by multidisciplinary resource teams in

8 Federal Bureau of Investigation field offices, in order to

9 provide investigative support through the coordination and

10 provision of Federal law enforcement resources, training,

11 and application of other multidisciplinary expertise, to as12 sist Federal, State, and local authorities in matters involv13 ing child abductions, mysterious disappearance of chil14 dren, child homicide, and serial murder across the coun15 try. The CASMIRC shall be co-located with the NCAVC.

16 (c) DUTIES OF THE CASMIRC.—The CASMIRC

17 shall perform such duties as the Attorney General deter18 mines appropriate to carry out the purposes of the

19 CASMIRC, including—

20 (1) identifying, developing, researching, acquir21 ing, and refining multidisciplinary information and

22 specialities to provide for the most current expertise

23 available to advance investigative knowledge and

24 practices used in child abduction, mysterious dis-
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1 appearance of children, child homicide, and serial

2 murder investigations;

3 (2) providing advice and coordinating the appli4 cation of current and emerging technical, forensic,

5 and other Federal assistance to Federal, State, and

6 local authorities in child abduction, mysterious dis7 appearances of children, child homicide, and serial

8 murder investigations;

9 (3) providing investigative support, research

10 findings, and violent crime analysis to Federal,

11 State, and local authorities in child abduction, mys12 terious disappearances of children, child homicide,

13 and serial murder investigations;

14 (4) providing, if requested by a Federal, State,

15 or local law enforcement agency, on site consultation

16 and advice in child abduction, mysterious disappear17 ances of children, child homicide and serial murder

18 investigations;

19 (5) coordinating the application of resources of

20 pertinent Federal law enforcement agencies, and

21 other Federal entities including, but not limited to,

22 the United States Customs Service, the Secret Serv23 ice, the Postal Inspection Service, and the United

24 States Marshals Service, as appropriate, and with

25 the concurrence of the agency head to support Fed-
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1 eral, State, and local law enforcement involved in

2 child abduction, mysterious disappearance of a child,

3 child homicide, and serial murder investigations;

4 (6) conducting ongoing research related to child

5 abductions, mysterious disappearances of children,

6 child homicides, and serial murder, including identi7 fication and investigative application of current and

8 emerging technologies, identification of investigative

9 searching technologies and methods for physically lo10 cating abducted children, investigative use of of11 fender behavioral assessment and analysis concepts,

12 gathering statistics and information necessary for

13 case identification, trend analysis, and case linkages

14 to advance the investigative effectiveness of out15 standing abducted children cases, develop investiga16 tive systems to identify and track serious serial of17 fenders that repeatedly victimize children for com18 parison to unsolved cases, and other investigative re19 search pertinent to child abduction, mysterious dis20 appearance of a child, child homicide, and serial

21 murder covered in this section;

22 (7) working under the NCAVC in coordination

23 with the National Center For Missing and Exploited

24 Children and the Office of Juvenile Justice and De25 linquency Prevention of the Department of Justice
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1 to provide appropriate training to Federal, State,

2 and local law enforcement in matters regarding child

3 abductions, mysterious disappearances of children,

4 child homicides; and

5 (8) establishing a centralized repository based

6 upon case data reflecting child abductions, mysteri7 ous disappearances of children, child homicides and

8 serial murder submitted by State and local agencies,

9 and an automated system for the efficient collection,

10 retrieval, analysis, and reporting of information re11 garding CASMIRC investigative resources, research,

12 and requests for and provision of investigative sup13 port services.

14 (d) APPOINTMENT OF PERSONNEL TO THE

15 CASMIRC.—

16 (1) SELECTION OF MEMBERS OF THE CASMIRC

17 AND PARTICIPATING STATE AND LOCAL LAW EN18 FORCEMENT PERSONNEL.—The Director of the Fed19 eral Bureau of Investigation shall appoint the mem20 bers of the CASMIRC. The CASMIRC shall be

21 staffed with Federal Bureau of Investigation person22 nel and other necessary personnel selected for their

23 expertise that would enable them to assist in the re24 search, data collection, and analysis, and provision

25 of investigative support in child abduction, mysteri-
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1 ous disappearance of children, child homicide and se2 rial murder investigations. The Director may, with

3 concurrence of the appropriate State or local agency,

4 also appoint State and local law enforcement person5 nel to work with the CASMIRC.

6 (2) STATUS.—Each member of the CASMIRC

7 (and each individual from any State or local law en8 forcement agency appointed to work with the

9 CASMIRC) shall remain as an employee of that

10 member’s or individual’s respective agency for all

11 purposes (including the purpose of performance re12 view), and service with the CASMIRC shall be with13 out interruption or loss of civil service privilege or

14 status and shall be on a nonreimbursable basis, ex15 cept if appropriate to reimburse State and local law

16 enforcement for overtime costs for an individual ap17 pointed to work with the resource team. Addition18 ally, reimbursement of travel and per diem expenses

19 will occur for State and local law enforcement par20 ticipation in resident fellowship programs at the

21 NCAVC when offered.

22 (3) TRAINING.—CASMIRC personnel, under

23 the guidance of the Federal Bureau of Investiga24 tion’s National Center for the Analysis of Violent

25 Crime and in consultation with the National Center
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1 For Missing and Exploited Children, shall develop a

2 specialized course of instruction devoted to training

3 members of the CASMIRC consistent with the pur4 pose of this section. The CASMIRC shall also work

5 with the National Center For Missing and Exploited

6 Children and the Office of Juvenile Justice and De7 linquency Prevention of the Department of Justice

8 to develop a course of instruction for State and local

9 law enforcement personnel to facilitate the dissemi10 nation of the most current multidisciplinary exper11 tise in the investigation of child abductions, mysteri12 ous disappearances of children, child homicides, and

13 serial murder of children.

14 (e) REPORT TO CONGRESS.—One year after the es15 tablishment of the CASMIRC, the Attorney General shall

16 submit to Congress a report, which shall include—

17 (1) a description of the goals and activities of

18 the CASMIRC; and

19 (2) information regarding to—

20 (A) the number and qualifications of the

21 members appointed to the CASMIRC;

22 (B) the provision of equipment, adminis23 trative support, and office space for the

24 CASMIRC; and
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1 (C) the projected resource needs for the

2 CASMIRC.

3 (f) AUTHORIZATION OF APPROPRIATION.—There are

4 authorized to be appropriated to carry out this section

5 such sums as may be necessary for each of fiscal years

6 1999, 2000, and 2001.

7 (g) CONFORMING AMENDMENT.—Subtitle C of title

8 XVII of the Violent Crime Control and Law Enforcement

9 Act of 1994 (42 U.S.C. 5776a et seq.) is repealed.

10 TITLE IV—MISCELLANEOUS

11 PROVISIONS

12 SEC. 401. ESTABLISHMENT OF GENERAL ATTEMPT OF13 FENSE.

14 Chapter 19 of title 18, United States Code, is amend15 ed—

16 (1) in the chapter heading, by striking ‘‘Con17 spiracy’’ and inserting ‘‘Inchoate offenses’’; and

18 (2) by adding at the end the following:

19 ‘‘§ 374. Attempt to commit offense

20 ‘‘(a) IN GENERAL.—Whoever, acting with the state

21 of mind otherwise required for the commission of an of22 fense described in this title, intentionally engages in con23 duct that, in fact, constitutes a substantial step toward

24 the commission of the offense is guilty of an attempt and

25 is subject to the same penalties as those prescribed for
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1 the offense the commission of which was the object of the

2 attempt, except that the penalty of death shall not be im3 posed.

4 ‘‘(b) INABILITY TO COMMIT OFFENSE; COMPLETION

5 OF OFFENSE.—It is not a defense to a prosecution under

6 this section—

7 ‘‘(1) that it was factually impossible for the

8 actor to commit the offense, if the offense could

9 have been committed had the circumstances been as

10 the actor believed them to be; or

11 ‘‘(2) that the offense attempted was completed.

12 ‘‘(c) EXCEPTIONS.—The section shall not apply—

13 ‘‘(1) to an offense consisting of conspiracy, at14 tempt, endeavor, or solicitation;

15 ‘‘(2) to an offense consisting of an omission, re16 fusal, failure of refraining to act;

17 ‘‘(3) to an offense involving negligent conduct;

18 or

19 ‘‘(4) to an offense described in section 1118,

20 1120, 1121, or 1153 of this title.

21 ‘‘(d) AFFIRMATIVE DEFENSE.—It is an affirmative

22 defense to a prosecution under this section, on which the

23 defendant bears the burden of persuasion by a preponder24 ance of the evidence, that, under circumstances manifest25 ing a voluntary and complete renunciation of criminal in-
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1 tent, the defendant prevented the commission of the of2 fense. A renunciation is not ‘voluntary and complete’ if

3 it is motivated in whole or in part by circumstances that

4 increase the probability of detection or apprehension or

5 that make it more difficult to accomplish the offense, or

6 by a decision to postpone the offense until a more advan7 tageous time or to transfer the criminal effort to a similar

8 objective or victim.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—

10 The analysis for chapter 19 of title 18, United States

11 Code, is amended by adding at the end the following:

‘‘374. Attempt to commit offense.’’.

12 SEC. 402. RATIONALIZATION OF CONSPIRACY PENALTY

13 AND CREATION OF RENUNCIATION DEFENSE.

14 Section 371 of title 18, United States Code, is

15 amended—

16 (1) by striking the second undesignated para17 graph; and

18 (2) in the first undesignated paragraph—

19 (A) by striking ‘‘If two or more’’ and in20 serting the following:

21 ‘‘(a) IN GENERAL.—If 2 or more’’; and

22 (B) by striking ‘‘either to commit any of23 fense against the United States, or’’;

24 (3) by adding at the end the following:
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1 ‘‘(b) CONSPIRACY.—If 2 or more persons conspire to

2 commit any offense against the United States, and 1 or

3 more of such persons do any act to effect the object of

4 the conspiracy, each shall be subject to the same penalties

5 as those prescribed for the most serious offense the com6 mission of which was the object of the conspiracy, except

7 that the penalty of death shall not be imposed.

8 ‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative

9 defense to a prosecution under this section, on which the

10 defendant bears the burden of persuasion by a preponder11 ance of the evidence, that, under circumstances manifest12 ing a voluntary and complete renunciation of criminal in13 tent, the defendant prevented the commission of every of14 fense that was an object of the conspiracy. A renunciation

15 is not ‘voluntary and complete’ if it is motivated, in whole

16 or in part, by circumstances that increase the probability

17 of detection or apprehension or that make it more difficult

18 to accomplish the offense, or by a decision to postpone

19 the offense to a more advantageous time, or to transfer

20 the criminal effort to a similar objective or victim.’’.

Æ