I

108TH CONGRESS

1ST SESSION H. R. 456

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

JANUARY 29, 2003

Mr. GREEN of Wisconsin 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 Comprehensive Consequences for Child Mo6 lesters 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(a)

21 (relating to sexual abuse of a minor),

22 2244(a)(1) or (2) (relating to abusive sex23 ual contact), 2245 (relating to sexual

24 abuse resulting in death), or 2251A (relat25 ing to selling or buying of children); or
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1 ‘‘(ii) an offense under section 2423(a)

2 (relating to transportation of minors) in3 volving prostitution or sexual activity con4 stituting a State sex offense;

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

6 offense under State law that consists of conduct

7 that would be a Federal sex offense if, to the

8 extent or in the manner specified in the applica9 ble provision of this title—

10 ‘‘(i) the offense involved interstate or

11 foreign commerce, or the use of the mails;

12 or

13 ‘‘(ii) the conduct occurred in any com14 monwealth, territory, or possession of the

15 United States, within the special maritime

16 and territorial jurisdiction of the United

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

18 building owned by, leased to, or otherwise

19 used by or under the control of the Gov20 ernment of the United States, or in the In21 dian country (as defined in section 1151);

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

23 a conviction for which the sentence was imposed

24 before the conduct occurred constituting the
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1 subsequent Federal sex offense, and which was

2 for a Federal sex offense or a State sex offense;

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

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

5 ‘‘(E) the term ‘State’ has the meaning

6 given that term in subsection (c)(2).’’.

7 SEC. 3. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

8 Section 3583 of title 18, United States Code, is

9 amended by adding at the end the following:

10 ‘‘(k) SUPERVISED RELEASE TERMS FOR SEX OF11 FENDERS.—Notwithstanding subsection (b), the author12 ized term of supervised release for any offense under sec13 tion 1201 involving a victim who has not attained the age

14 of 18 years, and for any offense under chapter 109A, 110,

15 or 117 or section 1591, is any term of years or life.’’.

16 SEC. 4. CONFORMING AMENDMENT.

17 Sections 2247 and 2426 of title 18, United States

18 Code, are each amended by inserting ‘‘, unless section

19 3559(e) applies’’ before the final period.

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