II 

109TH CONGRESS 

1ST SESSION S. 956 

To amend title 18, United States Code, to provide assured punishment for 

violent crimes against children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2005 

Mr. GRASSLEY (for himself and Mr. KYL) 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, to provide assured 

punishment for violent 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. 

4 This Act may be cited as the ‘‘Jetseta Gage Preven5 tion and Deterrence of Crimes Against Children Act of 

6 2005’’. 
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1 SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES 

2 AGAINST CHILDREN. 

3 (a) SPECIAL SENTENCING RULE.—Subsection (d) of 

4 section 3559 of title 18, United States Code, is amended 

5 to read as follows: 

6 ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON7 MENT FOR VIOLENT CRIMES AGAINST CHILDREN.—A 

8 person who is convicted of a Federal crime of violence 

9 against the person of an individual who has not attained 

10 the age of 15 years shall, unless a greater mandatory min11 imum sentence of imprisonment is otherwise provided by 

12 law and regardless of any maximum term of imprisonment 

13 otherwise provided for the offense— 

14 ‘‘(1) if the crime of violence results in the death 

15 of a person who has not attained the age of 15 

16 years, be sentenced to death or life in prison; 

17 ‘‘(2) if the crime of violence is a kidnaping, sex18 ual assault, or maiming, (or an attempt or con19 spiracy to commit one of those) or results in serious 

20 bodily injury (as defined in section 1365) be impris21 oned for life or for any term of years not less than 

22 30; 

23 ‘‘(3) if the crime of violence results in bodily in24 jury (as defined in section 1365) to a person who 

25 has not attained the age of 12 years, be imprisoned 

26 for life or for any term of years not less than 15; 
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1 ‘‘(4) if a dangerous weapon was used during 

2 and in relation to the crime of violence, be impris3 oned for life or for any term of years not less than 

4 10; and 

5 ‘‘(5) in any other case, be imprisoned for life or 

6 for any term of years not less than 2.’’. 

7 SEC. 3. INCREASED PENALTIES FOR SEXUAL OFFENSES 

8 AGAINST CHILDREN. 

9 (a) SEXUAL ABUSE.— 

10 (1) AGGRAVATED SEXUAL ABUSE OF CHIL11 DREN.—Section 2241(c) of title 18, United States 

12 Code, is amended by striking ‘‘, imprisoned for any 

13 term of years or life, or both.’’ and inserting ‘‘and 

14 imprisoned for not less than 30 years or for life.’’. 

15 (2) ABUSIVE SEXUAL CONTACT WITH CHIL16 DREN.—Section 2244 of chapter 109A of title 18, 

17 United States Code, is amended— 

18 (A) in subsection (a)— 

19 (i) in paragraph (1), by inserting ‘‘(a) 

20 or (b)’’ after ‘‘section 2241’’; 

21 (ii) by redesignating paragraphs (2), 

22 (3), and (4) as paragraphs (3), (4), and 

23 (5), respectively; and 

24 (iii) by inserting after paragraph (1) 

25 the following: 
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1 ‘‘(2) subsection (c) of section 2241 of this title 

2 had the sexual contact been a sexual act, shall be 

3 fined under this title and imprisoned for not less 

4 than 10 years and not more than 25 years;’’; and 

5 (B) in subsection (c), by inserting ‘‘(other 

6 than subsection (a)(2))’’ after ‘‘violates this sec7 tion’’. 

8 (3) SEXUAL ABUSE OF CHILDREN RESULTING

9 IN DEATH.—Section 2245 of title 18, United States 

10 Code, is amended— 

11 (A) by striking ‘‘A person’’ and inserting 

12 ‘‘(a) IN GENERAL.—A person’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A 

15 person who, in the course of an offense under this chapter, 

16 engages in conduct that results in the death of a person 

17 who has not attained the age of 12 years, shall be pun18 ished by death or imprisoned for not less than 30 years 

19 or for life.’’. 

20 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

21 CHILDREN.— 

22 (1) SEXUAL EXPLOITATION OF CHILDREN.— 

23 Section 2251(e) of title 18, United States Code, is 

24 amended— 
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1 (A) by striking ‘‘15 years nor more than 

2 30 years’’ and inserting ‘‘25 years or for life’’; 

3 (B) by striking ‘‘not less than 25 years nor 

4 more than 50 years, but if such person has 2 

5 or more prior convictions under this chapter, 

6 chapter 71, chapter 109A, or chapter 117, or 

7 under section 920 of title 10 (article 120 of the 

8 Uniform Code of Military Justice), or under the 

9 laws of any State relating to the sexual exploi10 tation of children, such person shall be fined 

11 under this title and imprisoned not less than 35 

12 years nor more than life.’’ and inserting ‘‘life.’’; 

13 and 

14 (C) by striking ‘‘any term of years or for 

15 life’’ and inserting ‘‘not less than 30 years or 

16 for life.’’. 

17 (2) ACTIVITIES RELATING TO MATERIAL IN18 VOLVING THE SEXUAL EXPLOITATION OF CHIL19 DREN.—Section 2252(b) of title 18, United States 

20 Code, is amended— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘5 years and not more 

23 than 20 years’’ and inserting ‘‘25 years or 

24 for life’’; and 
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1 (ii) by striking ‘‘not less than 15 

2 years nor more than 40 years.’’ and insert3 ing ‘‘life.’’; and 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘or imprisoned for not 

6 more than’’ and inserting ‘‘and imprisoned 

7 for’’; 

8 (ii) by striking ‘‘, or both’’; and 

9 (iii) by striking ‘‘10 years nor more 

10 than 20 years.’’ and inserting ‘‘30 years or 

11 for life.’’. 

12 (3) ACTIVITIES RELATING TO MATERIAL CON13 STITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

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

15 amended— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘5 years and not more 

18 than 20 years’’ and inserting ‘‘25 years or 

19 for life’’; and 

20 (ii) by striking ‘‘not less than 15 

21 years nor more than 40 years’’ and insert22 ing ‘‘life’’; and 

23 (B) in paragraph (2)— 
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1 (i) by striking ‘‘or imprisoned not 

2 more than 10 years, or both’’ and inserting 

3 ‘‘and imprisoned for 10 years’’; and 

4 (ii) by striking ‘‘10 years nor more 

5 than 20 years’’ and inserting ‘‘30 years or 

6 for life’’. 

7 (4) USING MISLEADING DOMAIN NAMES TO DI8 RECT CHILDREN TO HARMFUL MATERIAL ON THE

9 INTERNET.—Section 2252B(b) of title 18, United 

10 States Code, is amended by striking ‘‘or imprisoned 

11 not more than 4 years, or both’’ and inserting ‘‘im12 prisoned for 10 years’’. 

13 (5) PRODUCTION OF SEXUALLY EXPLICIT DE14 PICTIONS OF CHILDREN.—Section 2260(c) of title 

15 18, United States Code, is amended by striking 

16 paragraphs (1) and (2) and inserting the following: 

17 ‘‘(1) shall be fined under this title and impris18 oned for 25 years; and 

19 ‘‘(2) if the person has a prior conviction under 

20 this chapter or chapter 109A, shall be fined under 

21 this title and imprisoned for life.’’. 

22 (c) CONDUCT RELATING TO CHILD PROSTITU23 TION.—Section 2423 of title 18, United States Code, is 

24 amended— 
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1 (1) in subsection (a), by striking ‘‘5 years and 

2 not more than 30 years’’ and inserting ‘‘30 years or 

3 for life’’; 

4 (2) in subsection (b), by striking ‘‘or impris5 oned not more than 30 years, or both’’ and inserting 

6 ‘‘and imprisoned for not less than 10 years and not 

7 more than 30 years’’; 

8 (3) in subsection (c), by striking ‘‘or imprisoned 

9 not more than 30 years, or both’’ and inserting ‘‘and 

10 imprisoned for not less than 10 years and not more 

11 than 30 years’’; and 

12 (4) in subsection (d), by striking ‘‘, imprisoned 

13 not more than 30 years, or both’’ and inserting ‘‘and 

14 imprisoned for 30 years’’. 

15 SEC. 4. ENSURING FAIR AND EXPEDITIOUS FEDERAL COL16 LATERAL REVIEW OF CONVICTIONS FOR 

17 KILLING A CHILD. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘Christy Ann Fornoff Act’’. 

20 (b) LIMITS ON CASES.—Section 2254 of title 28, 

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

22 following: 

23 ‘‘(j)(1) A court, justice, or judge shall not have juris24 diction to consider any claim relating to the judgment or 

25 sentence in an application described under paragraph (2), 
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1 unless the applicant shows that the claim qualifies for con2 sideration on the grounds described in subsection (e)(2). 

3 Any such application that is presented to a court, justice, 

4 or judge other than a district court shall be transferred 

5 to the appropriate district court for consideration or dis6 missal in conformity with this subsection, except that a 

7 court of appeals panel must authorize any second or suc8 cessive application in conformity with section 2244 before 

9 any consideration by the district court. 

10 ‘‘(2) This subsection applies to an application for a 

11 writ of habeas corpus on behalf of a person in custody 

12 pursuant to the judgment of a State court for a crime 

13 that involved the killing of a individual who has not at14 tained the age of 18 years. 

15 ‘‘(3) For an application described in paragraph (2), 

16 the following requirements shall apply in the district court: 

17 ‘‘(A) Any motion by either party for an evi18 dentiary hearing shall be filed and served not later 

19 than 90 days after the State files its answer or, if 

20 no timely answer is filed, the date on which such an21 swer is due. 

22 ‘‘(B) Any motion for an evidentiary hearing 

23 shall be granted or denied not later than 30 days 

24 after the date on which the party opposing such mo25 tion files a pleading in opposition to such motion or, 
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1 if no timely pleading in opposition is filed, the date 

2 on which such pleading in opposition is due. 

3 ‘‘(C) Any evidentiary hearing shall be— 

4 ‘‘(i) convened not less than 60 days after 

5 the order granting such hearing; and 

6 ‘‘(ii) completed not more than 150 days 

7 after the order granting such hearing. 

8 ‘‘(D) A district court shall enter a final order, 

9 granting or denying the application for a writ of ha10 beas corpus, not later than 15 months after the date 

11 on which the State files its answer or, if no timely 

12 answer is filed, the date on which such answer is 

13 due, or not later than 60 days after the case is sub14 mitted for decision, whichever is earlier. 

15 ‘‘(E) If the district court fails to comply with 

16 the requirements of this paragraph, the State may 

17 petition the court of appeals for a writ of mandamus 

18 to enforce the requirements. The court of appeals 

19 shall grant or deny the petition for a writ of man20 damus not later than 30 days after such petition is 

21 filed with the court. 

22 ‘‘(4) For an application described in paragraph (2), 

23 the following requirements shall apply in the court of ap24 peals: 
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1 ‘‘(A) A timely filed notice of appeal from an 

2 order issuing a writ of habeas corpus shall operate 

3 as a stay of that order pending final disposition of 

4 the appeal. 

5 ‘‘(B) The court of appeals shall decide the ap6 peal from an order granting or denying a writ of ha7 beas corpus— 

8 ‘‘(i) not later than 120 days after the date 

9 on which the brief of the appellee is filed or, if 

10 no timely brief is filed, the date on which such 

11 brief is due; or 

12 ‘‘(ii) if a cross-appeal is filed, not later 

13 than 120 days after the date on which the ap14 pellant files a brief in response to the issues 

15 presented by the cross-appeal or, if no timely 

16 brief is filed, the date on which such brief is 

17 due. 

18 ‘‘(C)(i) Following a decision by a panel of the 

19 court of appeals under subparagraph (B), a petition 

20 for panel rehearing is not allowed, but rehearing by 

21 the court of appeals en banc may be requested. The 

22 court of appeals shall decide whether to grant a peti23 tion for rehearing en banc not later than 30 days 

24 after the date on which the petition is filed, unless 

25 a response is required, in which case the court shall 
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1 decide whether to grant the petition not later than 

2 30 days after the date on which the response is filed 

3 or, if no timely response is filed, the date on which 

4 the response is due. 

5 ‘‘(ii) If rehearing en banc is granted, the court 

6 of appeals shall make a final determination of the 

7 appeal not later than 120 days after the date on 

8 which the order granting rehearing en banc is en9 tered. 

10 ‘‘(D) If the court of appeals fails to comply 

11 with the requirements of this paragraph, the State 

12 may petition the Supreme Court or a justice thereof 

13 for a writ of mandamus to enforce the requirements. 

14 ‘‘(5)(A) The time limitations under paragraphs (3) 

15 and (4) shall apply to an initial application described in 

16 paragraph (2), any second or successive application de17 scribed in paragraph (2), and any redetermination of an 

18 application described in paragraph (2) or related appeal 

19 following a remand by the court of appeals or the Supreme 

20 Court for further proceedings. 

21 ‘‘(B) In proceedings following remand in the district 

22 court, time limits running from the time the State files 

23 its answer under paragraph (3) shall run from the date 

24 the remand is ordered if further briefing is not required 

25 in the district court. If there is further briefing following 
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1 remand in the district court, such time limits shall run 

2 from the date on which a responsive brief is filed or, if 

3 no timely responsive brief is filed, the date on which such 

4 brief is due. 

5 ‘‘(C) In proceedings following remand in the court of 

6 appeals, the time limit specified in paragraph (4)(B) shall 

7 run from the date the remand is ordered if further briefing 

8 is not required in the court of appeals. If there is further 

9 briefing in the court of appeals, the time limit specified 

10 in paragraph (4)(B) shall run from the date on which a 

11 responsive brief is filed or, if no timely responsive brief 

12 is filed, from the date on which such brief is due. 

13 ‘‘(6) The failure of a court to meet or comply with 

14 a time limitation under this subsection shall not be a 

15 ground for granting relief from a judgment of conviction 

16 or sentence, nor shall the time limitations under this sub17 section be construed to entitle a capital applicant to a stay 

18 of execution, to which the applicant would otherwise not 

19 be entitled, for the purpose of litigating any application 

20 or appeal.’’. 

21 (c) RIGHTS ASSOCIATED WITH HABEAS CORPUS

22 PROCEEDINGS.—Section 3771(b) of title 18, United 

23 States Code, is amended by adding at the end the fol24 lowing: ‘‘The rights established for crime victims by this 

25 section shall also be extended in a Federal habeas corpus 
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1 proceeding arising out of a State conviction to victims of 

2 the State offense at issue.’’ 

3 (d) APPLICATION TO PENDING CASES.— 

4 (1) IN GENERAL.—The amendments made by 

5 this section shall apply to cases pending on or after 

6 the date of enactment of this Act. 

7 (2) TIME LIMITS.—In a case pending on the 

8 date of enactment of this Act, if the amendments 

9 made by this section provide that a time limit runs 

10 from an event or time that has occurred prior to 

11 such date of enactment, the time limit shall run in12 stead from such date of enactment. 

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