IB
Union Calendar No. 43
104TH CONGRESS
1ST SESSION
H. R. 1240
[Report No. 104–90]
To combat crime by enhancing the penalties for certain sexual crimes against
children.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 1995
Mr. MCCOLLUM (for himself, Mrs. VUCANOVICH, Mr. COBLE, Mr. BRYANT of
Tennessee, Mr. SCHIFF, Mr. HEINEMAN, Mr. CHABOT, and Mr. BARR)
introduced the following bill; which was referred to the Committee on the
Judiciary
MARCH 28, 1995
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 March 15, 1995]
A BILL
To combat crime by enhancing the penalties for certain
sexual crimes against children.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sexual Crimes Against
Children Prevention Act of 1995’’.
SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT IN
SEXUAL EXPLOITATION OF CHILDREN.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase the base offense
level for offenses under section 2251 or 2252 of title 18,
United States Code, by at least 2 levels.
SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS IN
SEXUAL EXPLOITATION OF CHILDREN.
The United States Sentencing Commission shall
amend the sentencing guidelines with respect to an offense
under—
(1) section 2251(c)(1)(A); or
(2) any of paragraphs (1) through (3) of section
2252(a);
of title 18, United States Code, to increase the offense level
by at least 2 levels if a computer was used to transmit the
notice or advertisement to the intended recipient or to
transport or ship the visual depiction.
SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF
CHILDREN WITH INTENT TO ENGAGE IN
CRIMINAL SEXUAL ACTIVITY.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase the base offense
level for an offense under section 2423(a) of title 18, United
States Code, by at least 3 levels.
SEC. 5. PREDICATE OFFENSES FOR RICO.
Section 1961(1)(B) of title 18, United States Code, is
amended by striking ‘‘sections 1461–1465 (relating to ob-
scene matter)’’ and inserting ‘‘chapter 71 (relating to ob-
scenity)’’.
SEC. 6. TECHNICAL CORRECTION.
Section 2423(b) of title 18, United States Code, is
amended by striking ‘‘2245’’ and inserting ‘‘2246’’.
SEC. 7. REPORT BY THE UNITED STATES SENTENCING COM-
MISSION.
Not later than 180 days after the date of the enactment
of this Act, the United States Sentencing Commission shall
submit a report to Congress concerning offenses involving
child pornography and other sexual crimes against chil-
dren. In this report the Commission shall include—
(1) an analysis of the sentences imposed for of-
fenses under sections 2251, 2252, and 2423 of title 18,
United States Code, and recommendations as to any
modifications to the sentencing guidelines that may
be appropriate with respect to those offenses;
(2) an analysis of the sentences imposed for of-
fenses under sections 2241, 2242, 2243, and 2244 of
title 18, United States Code, where the victim was
under the age of 18 years, and recommendations as
to any modifications to the sentencing guidelines that
may be appropriate with respect to those offenses;
(3) an analysis of the type of substantial assist-
ance that courts have recognized as warranting a
downward departure from the sentencing guidelines
relating to offenses under section 2251 or 2252 of title
18, United States Code;
(4) a survey of the recidivism rate for offenders
convicted of committing sexual crimes against chil-
dren, an analysis of the impact on recidivism of sex-
ual abuse treatment provided during or after incar-
ceration or both, and an analysis of whether increased
penalties would reduce recidivism for these crimes;
and
(5) such other recommendations with respect to
the offenses described in this section as the Commis-
sion deems appropriate.