I 

111TH CONGRESS 

1ST SESSION H. R. 3513 

To amend title 18, United States Code, to strengthen penalties for child 

pornography offenses, child sex trafficking offenses, and other sexual 

offenses committed against children. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

Mr. SCALISE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking 

offenses, and other sexual offenses committed 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 ‘‘Prevention and Deter5 rence of Crimes Against Children Act of 2009’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 3513 IH

1 SEC. 2. INCREASED PENALTIES FOR CHILD PORNOGRAPHY 

2 OFFENSES. 

3 (a) IN GENERAL.—Section 2251(e) of title 18, 

4 United States Code, is amended— 

5 (1) by striking ‘‘15 years nor more than 30 

6 years’’ and inserting ‘‘20 years or for life’’; and 

7 (2) by striking ‘‘not less than 25 years nor 

8 more than 50 years,’’ and all that follows through 

9 ‘‘not less than 35 years nor more than’’. 

10 (b) OTHER OFFENSES.—Sections 2252(b) and 

11 2252A(b) of title 18, United States Code, are each amend12 ed— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘5 years and not more 

15 than 20 years’’ and inserting ‘‘15 years or for 

16 life’’; and 

17 (B) by striking ‘‘not less than 15 years nor 

18 more than 40 years.’’ and inserting ‘‘life.’’; and 

19 (2) in paragraph (2)— 

20 (A) by striking ‘‘or imprisoned not more 

21 than 10 years, or both’’ and inserting ‘‘and im22 prisoned for not less than 3 years nor more 

23 than 20 years’’; 

24 (B) by inserting ‘‘section 1591,’’ after 

25 ‘‘this chapter,’’; and 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 3513 IH

1 (C) by striking ‘‘10 years nor more than 

2 20 years.’’ and inserting ‘‘20 years or for life.’’. 

3 (c) DOMAIN NAMES.—Section 2252B(b) of title 18, 

4 United States Code, is amended by striking ‘‘10 years’’ 

5 and inserting ‘‘20 years’’. 

6 (d) TRANSPORTATION OF MINORS.—Section 2423(f) 

7 of title 18, United States Code, is amended— 

8 (1) by striking ‘‘means (1) a’’ and inserting the 

9 following: ‘‘means— 

10 ‘‘(1) a’’; 

11 (2) by striking ‘‘; or (2) any’’ and inserting the 

12 following: ‘‘; 

13 ‘‘(2) any’’; 

14 (3) by striking the period at the end and insert15 ing ‘‘; or’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(3) production of child pornography, as that 

18 term is defined in section 2256(8).’’. 

19 SEC. 3. INCREASED PENALTIES FOR CHILD SEX TRAF20 FICKING AND CHILD PROSTITUTION OF21 FENSES. 

22 (a) IN GENERAL.—Section 1591(b) of title 18, 

23 United States Code, is amended— 

24 (1) in paragraph (1), by striking ‘‘not less than 

25 15’’ and inserting ‘‘not less than 30’’; and 


tjames on DSKG8SOYB1PROD with BILLS
4 

•HR 3513 IH

1 (2) in paragraph (2), by striking ‘‘not less than 

2 10’’ and inserting ‘‘not less than 15’’. 

3 (b) COERCION.—Section 2422 of title 18, United 

4 States Code, is amended— 

5 (1) in subsection (a), by striking ‘‘20 years’’ 

6 and inserting ‘‘30 years’’; and 

7 (2) in subsection (b), by striking ‘‘10 years’’ 

8 and inserting ‘‘15 years’’. 

9 (c) TRANSPORTATION OF MINORS.—Section 2423 of 

10 title 18, United States Code, is amended— 

11 (1) in subsection (a), by striking ‘‘10 years’’ 

12 and inserting ‘‘15 years’’; 

13 (2) in subsections (b) and (c), by striking ‘‘or 

14 imprisoned not more than 30 years, or both.’’ and 

15 inserting ‘‘and imprisoned for not less than 10 years 

16 (unless the offense is based only on conduct that 

17 would be in violation of sections 2243 or 2244) nor 

18 more than 30 years.’’; and 

19 (3) in subsection (d), by striking ‘‘, imprisoned 

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

21 imprisoned for not less than 10 years nor more than 

22 30 years’’. 

23 (d) GENERAL PROVISIONS.—Section 1594(a) of title 

24 18, United States Code, is amended by inserting ‘‘or con25 spires’’ after ‘‘attempts’’. 


tjames on DSKG8SOYB1PROD with BILLS
5 

•HR 3513 IH

1 (e) RELEASE AND DETENTION.—Section 

2 3156(a)(4)(C) of title 18, United States Code, is amended 

3 by inserting ‘‘, or section 1591’’ after ‘‘117’’. 

4 SEC. 4. INCREASED PENALTIES FOR CHILD SEX OFFENSES 

5 RESULTING IN DEATH, REPEATED CHILD SEX 

6 CRIMES, AND FORCIBLE RAPE. 

7 (a) IN GENERAL.—Section 2245 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘(b) OFFENSES INVOLVING CHILDREN.—A person 

11 who, in the course of an offense under this chapter, chap12 ter 110, chapter 117, or section 1591 engages in conduct 

13 that results in the death of a person who has not attained 

14 the age of 18 years, shall be punished by death or impris15 oned for not less than 30 years or for life.’’. 

16 (b) CLASSIFICATION OF OFFENSES.—Section 

17 3559(e)(2)(A) of title 18, United States Code, is amended 

18 by striking ‘‘2423(a)’’ and inserting ‘‘2423’’. 

19 (c) SEXUAL ABUSE.—Section 2241 of title 18, 

20 United States Code, is amended— 

21 (1) in subsection (a), by striking ‘‘, imprisoned 

22 for any term of years or life, or both’’ and inserting 

23 ‘‘and imprisoned for any term of years not less than 

24 10 or for life’’; and 


tjames on DSKG8SOYB1PROD with BILLS
6 

•HR 3513 IH

1 (2) in subsection (b), by striking ‘‘, imprisoned 

2 for any term of years or life, or both’’ and inserting 

3 ‘‘and imprisoned for any term of years not less than 

4 5 or for life’’. 

5 SEC. 5. SEX TOURISM AND REMOVAL OF SEX OFFENDERS. 

6 (a) IN GENERAL.—The Attorney General shall no7 tify— 

8 (1) the Secretary of State in a timely manner 

9 regarding any conviction of an individual of a viola10 tion of section 2423 of title 18, United States Code, 

11 for appropriate action under subsection (b) of this 

12 section; and 

13 (2) the Secretary of Homeland Security in a 

14 timely manner regarding any conviction of an alien 

15 of a sex offense for appropriate action under sub16 section (c) of this section. 

17 (b) AUTHORITY TO RESTRICT PASSPORT.—The Sec18 retary of State— 

19 (1) shall refuse to issue a passport to an indi20 vidual if the Secretary receives a notice under sub21 section (a) that such individual was convicted of a 

22 violation of section 2423 of title 18, United States 

23 Code; and 

24 (2) may revoke, restrict, or limit a passport 

25 issued to an individual convicted of a violation of 


tjames on DSKG8SOYB1PROD with BILLS
7 

•HR 3513 IH

1 section 2423 of title 18, United States Code, if the 

2 passport was used in furtherance of that violation. 

3 (c) REMOVAL OF ALIENS.—The Secretary of Home4 land Security shall place an alien convicted of a sex offense 

5 in removal proceedings under section 240 of the Immigra6 tion and Nationality Act (8 U.S.C. 1229a). 

7 (d) GROUNDS OF INADMISSIBILITY AND REMOV8 ABILITY.— 

9 (1) IN GENERAL.—Section 212(a)(2) of the Im10 migration and Nationality Act (8 U.S.C. 1182(a)(2)) 

11 is amended by adding at the end the following: 

12 ‘‘(J) SEXUAL ABUSE OF A MINOR.— 

13 ‘‘(i) IN GENERAL.—An alien who is 

14 convicted of sexual abuse of a minor is in15 admissible. 

16 ‘‘(ii) SEX OFFENSES.—For purposes 

17 of this subparagraph, an alien who has 

18 been convicted of a sex offense (as that 

19 term is defined in section 111 of the Adam 

20 Walsh Child Protection and Safety Act of 

21 2006 (42 U.S.C. 16911)) shall be consid22 ered to have been convicted of sexual abuse 

23 of a minor. An alien convicted of a sex of24 fense shall be ineligible for any discre25 tionary relief under this Act.’’. 


tjames on DSKG8SOYB1PROD with BILLS
8 

•HR 3513 IH

1 (2) DEPORTABLE ALIENS.—Section 

2 237(a)(2)(A)(iii) of the Immigration and Nationality 

3 Act (8 U.S.C. 1227(a)(2)(A)(iii)) is amended by 

4 adding at the end the following: ‘‘For purposes of 

5 this clause, an alien who has been convicted of a sex 

6 offense (as that term is defined in section 111 of the 

7 Adam Walsh Child Protection and Safety Act of 

8 2006 (42 U.S.C. 16911)) shall be considered to have 

9 been convicted of sexual abuse of a minor.’’. 

10 (e) DEFINITION OF SEX OFFENSE.—In this section, 

11 the term ‘‘sex offense’’ has the meaning given that term 

12 in section 111 of the Adam Walsh Child Protection and 

13 Safety Act of 2006 (42 U.S.C. 16911). 

Æ 


tjames on DSKG8SOYB1PROD with BILLS