IIB
106TH CONGRESS
2D SESSION
H. R. 4047
IN THE SENATE OF THE UNITED STATES
JULY 26, 2000
Received; read twice and referred to the Committee on Judiciary
AN ACT
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
amended by adding at the end the following new sub-
section:
‘‘(e) MANDATORY LIFE IMPRISONMENT
FOR RE-
PEATED SEX OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted
of a Federal sex offense in which a minor is the vic-
tim 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 im-
posed.
‘‘(2) DEFINITIONS.—For the purposes of this
subsection—
‘‘(A) the term ‘Federal sex offense’ means
an offense under section 2241 (relating to ag-
gravated sexual abuse); 2242 (relating to sexual
abuse); 2243 (relating to sexual abuse of a
minor or ward); 2244 (relating to abusive sex-
ual contact); 2245 (relating to sexual abuse re-
sulting in death); or 2251A (relating to selling
or buying of children); or an offense under sec-
tion 2423 (relating to transportation of minors)
involving the transportation of, or the engage-
ment in a sexual act with, an individual who
has not attained 16 years of age;
‘‘(B) the term ‘prior sex conviction’ means
a conviction for which the sentence was imposed
before the conduct occurred forming the basis
for the subsequent Federal sex offense, and
which was for either—
‘‘(i) a Federal sex offense; or
‘‘(ii) an offense under State law con-
sisting of conduct that would have been a
Federal sex offense if, to the extent or in
the manner specified in the applicable pro-
vision of title 18—
‘‘(I) the offense involved inter-
state or foreign commerce, or the use
of the mails; or
‘‘(II) the conduct occurred in any
commonwealth, territory, or posses-
sion of the United States, within the
special maritime and territorial juris-
diction of the United States, in a Fed-
eral 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 ‘minor’ means any person
under the age of 18 years; and
‘‘(D) the term ‘State’ means a State of the
United States, the District of Columbia, and
any commonwealth, territory, or possession of
the United States.’’.
SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMEND-
MENTS.
(a) SECTION 2247.—Section 2247 of title 18, United
States Code, is amended by inserting ‘‘, unless section
3559(e) applies’’ before the final period.
(b) SECTION 2426.—Section 2426 of title 18, United
States Code, is amended by inserting ‘‘, unless section
3559(e) applies’’ before the final period.
(c) TECHNICAL AMENDMENTS.—Sections 2252(c)(1)
and 2252A(d)(1) of title 18, United States Code, are each
amended by striking ‘‘less than three’’ and inserting
‘‘fewer than 3’’.
Passed the House of Representatives July 25, 2000.
Attest:
JEFF TRANDAHL,
Clerk.