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104TH CONGRESS

2D SESSION H. R. 4097

To amend title 18, United States Code, with respect to child exploitation

offenses.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 1996

Ms. LOFGREN introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 18, United States Code, with respect to

child exploitation offenses.

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 ‘‘Child Exploitation Pre5 vention Act of 1996’’.

6 SEC. 2. PENALTY INCREASES.

7 (a) SEXUAL EXPLOITATION OF CHILDREN OF8 FENSES.—Section 2251(d) of title 18, United States

9 Code, is amended to read as follows:
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1 ‘‘(d) Any individual who violates, or attempts or con2 spires to violate, this section shall be fined under this title

3 or imprisoned not less than 10 years nor more than 20

4 years, or both, but if such person has one prior conviction

5 under this chapter or chapter 109A, or under the laws

6 of any State relating to the sexual exploitation of children,

7 such person shall be fined under this title and imprisoned

8 for not less than 15 years nor more than 30 years, but

9 if such person has 2 or more prior convictions under this

10 chapter or chapter 109A, or under the laws of any State

11 relating to the sexual exploitation of children, such person

12 shall be fined under this title and imprisoned not less than

13 30 years nor more than life.’’.

14 (b) ACTIVITIES RELATING TO MATERIAL INVOLVING

15 THE SEXUAL EXPLOITATION OF MINORS OFFENSES.—

16 Section 2252 of title 18, United States Code, is

17 amended—

18 (1) in each of subparagraphs (A) and (B) of

19 subsection (a)(4), by striking ‘‘3 or more books,

20 magazines, periodicals, films, video tapes, or other

21 material which contain any visual depiction’’ and in22 serting ‘‘any book, magazine, periodical, film, video

23 tape, or other material which contains 3 or more vis24 ual depictions’’; and
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1 (2) by striking subsection (b) and inserting the

2 following:

3 ‘‘(b)(1) Whoever violates, or attempts or conspires to

4 violate, paragraph (1), (2), or (3) of subsection (a) shall

5 be fined under this title or imprisoned not more than 15

6 years, or both, but if such person has a prior conviction

7 under this chapter or chapter 109A, or under the laws

8 of any State relating to aggravated sexual abuse or abu9 sive sexual conduct involving a minor or ward, or the pro10 duction, possession, receipt, mailing, sale, distribution,

11 shipment, or transportation of child pornography, such

12 person shall be fined under this title and imprisoned for

13 not less than 5 years nor more than 30 years.

14 ‘‘(2) Whoever violates, or attempts or conspires to

15 violate, paragraph (4) of subsection (a) shall be fined

16 under this title or imprisoned not more than 5 years, or

17 both, but if such person has a prior conviction under this

18 chapter or chapter 109A, or under the laws of any State

19 relating to the possession of child pornography, such per20 son shall be fined under this title and imprisoned for not

21 less than 2 years nor more than 10 years.’’.

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