IB
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
life imprisonment for repeat offenders who commit sex
offenses 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 ‘‘Two Strikes and You’re
Out Child Protection Act’’.
SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX
OFFENDERS AGAINST CHILDREN.
Section 3559 of title 18, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(e) MANDATORY LIFE IMPRISONMENT FOR REPEATED
SEX OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted of
a Federal sex offense in which a minor is the victim
shall be sentenced to life imprisonment if the person
has a prior sex conviction in which a minor was the
victim, unless the sentence of death is imposed.
‘‘(2) DEFINITIONS.—For the purposes of this
subsection—
‘‘(A) the term ‘Federal sex offense’ means—
‘‘(i) an offense under section 2241 (re-
lating to aggravated sexual abuse), 2242
(relating to sexual abuse), 2243(a) (relating
to sexual abuse of a minor), 2244(a)(1) or
(2) (relating to abusive sexual contact),
2245 (relating to sexual abuse resulting in
death), or 2251A (relating to selling or buy-
ing of children); or
‘‘(ii) an offense under section 2423(a)
(relating to transportation of minors) in-
volving prostitution or sexual activity con-
stituting a State sex offense;
‘‘(B) the term ‘State sex offense’ means an
offense under State law that consists of conduct
that would be a Federal sex offense if, to the ex-
tent or in the manner specified in the applicable
provision of this title—
‘‘(i) the offense involved interstate or
foreign commerce, or the use of the mails; or
‘‘(ii) the conduct occurred in any com-
monwealth, territory, or possession of the
United States, within the special maritime
and territorial jurisdiction of the United
States, in a Federal prison, on any land or
building owned by, leased to, or otherwise
used by or under the control of the Govern-
ment of the United States, or in the Indian
country (as defined in section 1151);
‘‘(C) the term ‘prior sex conviction’ means
a conviction for which the sentence was imposed
before the conduct occurred constituting the sub-
sequent Federal sex offense, and which was for a
Federal sex offense or a State sex offense;
‘‘(D) the term ‘minor’ means an individual
who has not attained the age of 17 years; and
‘‘(E) the term ‘State’ has the meaning given
that term in subsection (c)(2).’’.
SEC. 3. CONFORMING AMENDMENT.
Sections 2247 and 2426 of title 18, United States Code,
are each amended by inserting ‘‘, unless section 3559(e) ap-
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 offenders
who commit sex offenses against children.
MARCH 12, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed