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Union Calendar No. 216

107TH CONGRESS

2D SESSION H. R. 2146

[Report No. 107–373]

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

MARCH 12, 2002

Additional sponsors: Mr. RYUN of Kansas, Mr. SIMMONS, Mr. KELLER, Mr.

CHABOT, Mr. LUCAS of Kentucky, and Mr. GRUCCI

MARCH 12, 2002

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 13, 2001]

A BILL

To amend title 18 of the United States Code to provide
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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 You’re

5 Out Child Protection Act’’.

6 SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX

7 OFFENDERS AGAINST CHILDREN.

8 Section 3559 of title 18, United States Code, is amend9 ed by adding at the end the following new subsection:

10 ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED

11 SEX OFFENSES AGAINST CHILDREN.—

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

13 a Federal sex offense in which a minor is the victim

14 shall be sentenced to life imprisonment if the person

15 has a prior sex conviction in which a minor was the

16 victim, unless the sentence of death is imposed.

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

18 subsection—

19 ‘‘(A) the term ‘Federal sex offense’ means—

20 ‘‘(i) an offense under section 2241 (re21 lating to aggravated sexual abuse), 2242

22 (relating to sexual abuse), 2243(a) (relating

23 to sexual abuse of a minor), 2244(a)(1) or

24 (2) (relating to abusive sexual contact),
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1 2245 (relating to sexual abuse resulting in

2 death), or 2251A (relating to selling or buy3 ing of children); or

4 ‘‘(ii) an offense under section 2423(a)

5 (relating to transportation of minors) in6 volving prostitution or sexual activity con7 stituting a State sex offense;

8 ‘‘(B) the term ‘State sex offense’ means an

9 offense under State law that consists of conduct

10 that would be a Federal sex offense if, to the ex11 tent or in the manner specified in the applicable

12 provision of this title—

13 ‘‘(i) the offense involved interstate or

14 foreign commerce, or the use of the mails; or

15 ‘‘(ii) the conduct occurred in any com16 monwealth, territory, or possession of the

17 United States, within the special maritime

18 and territorial jurisdiction of the United

19 States, in a Federal prison, on any land or

20 building owned by, leased to, or otherwise

21 used by or under the control of the Govern22 ment of the United States, or in the Indian

23 country (as defined in section 1151);

24 ‘‘(C) the term ‘prior sex conviction’ means

25 a conviction for which the sentence was imposed
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1 before the conduct occurred constituting the sub2 sequent Federal sex offense, and which was for a

3 Federal sex offense or a State sex offense;

4 ‘‘(D) the term ‘minor’ means an individual

5 who has not attained the age of 17 years; and

6 ‘‘(E) the term ‘State’ has the meaning given

7 that term in subsection (c)(2).’’.

8 SEC. 3. CONFORMING AMENDMENT.

9 Sections 2247 and 2426 of title 18, United States Code,

10 are each amended by inserting ‘‘, unless section 3559(e) ap11 plies’’ before the final period.

Union Calendar No. 216

107TH CONGRESS

2D SESSION H. R. 2146

[Report No. 107–373]

A BILL

To amend title 18 of the United States Code to

provide life imprisonment for repeat offenderswho commit sex offenses against children.

MARCH 12, 2002

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed