I

107TH CONGRESS

1ST SESSION H. R. 2146

To amend title 18 of the United States Code to provide life imprisonment

for repeat offenders who commit sex offenses against children.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 2001

Mr. GREEN of Wisconsin (for himself, Mr. SHIMKUS, Mr. SHOWS, Mr. FROST,

Mr. DUNCAN, Mr. LIPINSKI, Mr. CRAMER, Mr. SMITH of New Jersey,

Mr. TERRY, Mr. CALVERT, Ms. HART, Mr. OXLEY, Mr. HAYWORTH, Mr.

SESSIONS, Mr. NETHERCUTT, Mr. GILCHREST, Mrs. KELLY, Mr. PITTS,

Mr. NEY, Mr. GARY G. MILLER of California, Mr. PETRI, Mr. ENGLISH,

Mr. JONES of North Carolina, Mr. ROYCE, Mr. WATKINS of Oklahoma,

and Mr. SWEENEY) introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To amend title 18 of the United States Code to provide

life imprisonment for repeat offenders who commit sex

offenses 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 ‘‘Two Strikes and

5 You’re Out Child Protection Act’’.
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1 SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT

2 SEX OFFENDERS AGAINST CHILDREN.

3 Section 3559 of title 18, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE7 PEATED SEX OFFENSES AGAINST CHILDREN.—

8 ‘‘(1) IN GENERAL.—A person who is convicted

9 of a Federal sex offense in which a minor is the vic10 tim shall be sentenced to life imprisonment if the

11 person has a prior sex conviction in which a minor

12 was the victim, unless the sentence of death is im13 posed.

14 ‘‘(2) DEFINITIONS.—For the purposes of this

15 subsection—

16 ‘‘(A) the term ‘Federal sex offense’

17 means—

18 ‘‘(i) an offense under section 2241

19 (relating to aggravated sexual abuse),

20 2242 (relating to sexual abuse), 2243 (re21 lating to sexual abuse of a minor or ward),

22 2244 (relating to abusive sexual contact),

23 2245 (relating to sexual abuse resulting in

24 death), or 2251A (relating to selling or

25 buying of children); or
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1 ‘‘(ii) an offense under section 2423(a)

2 (relating to transportation of minors) in3 volving an individual who has not attained

4 the age of 16 years;

5 ‘‘(B) the term ‘prior sex conviction’ means

6 a conviction for which the sentence was imposed

7 before the conduct occurred forming the basis

8 for the subsequent Federal sex offense, and

9 which was for either—

10 ‘‘(i) a Federal sex offense; or

11 ‘‘(ii) an offense under State law con12 sisting of conduct that would have been a

13 Federal sex offense if, to the extent or in

14 the manner specified in the applicable pro15 vision of title 18—

16 ‘‘(I) the offense involved inter17 state or foreign commerce, or the use

18 of the mails; or

19 ‘‘(II) the conduct occurred in any

20 commonwealth, territory, or posses21 sion of the United States, within the

22 special maritime and territorial juris23 diction of the United States, in a Fed24 eral prison, on any land or building

25 owned by, leased to, or otherwise used
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1 by or under the control of the Govern2 ment of the United States, or in the

3 Indian country as defined in section

4 1151;

5 ‘‘(C) the term ‘minor’ means an individual

6 who has not attained the age of 18 years; and

7 ‘‘(D) the term ‘State’ means a State of the

8 United States, the District of Columbia, and

9 any commonwealth, territory, or possession of

10 the United States.’’.

11 SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMEND12 MENTS.

13 (a) SECTION 2247.—Section 2247 of title 18, United

14 States Code, is amended by inserting ‘‘, unless section

15 3559(e) applies’’ before the final period.

16 (b) SECTION 2426.—Section 2426 of title 18, United

17 States Code, is amended by inserting ‘‘, unless section

18 3559(e) applies’’ before the final period.

19 (c) TECHNICAL AMENDMENTS.—Sections 2252(c)(1)

20 and 2252A(d)(1) of title 18, United States Code, are each

21 amended by striking ‘‘less than three’’ and inserting

22 ‘‘fewer than 3’’.

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