H. R. 1240
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To combat crime by enhancing the penalties for certain sexual crimes against
children.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sex Crimes Against Children
Prevention Act of 1995’’.
SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT INVOLVING
THE SEXUAL EXPLOITATION OF CHILDREN.
The United States Sentencing Commission shall amend the
sentencing guidelines to—
(1) increase the base offense level for an offense under
section 2251 of title 18, United States Code, by at least 2
levels; and
(2) increase the base offense level for an offense under
section 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 to increase the base offense level by at least
2 levels for an offense committed under section 2251(c)(1)(A) or
2252(a) of title 18, United States Code, 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 ACTIV-
ITY.
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. TECHNICAL CORRECTION.
Section 2423(b) of title 18, United States Code, is amended
by striking ‘‘2245’’ and inserting ‘‘2246’’.
SEC. 6. REPORT BY THE UNITED STATES SENTENCING COMMISSION.
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 pornog-
H. R. 1240—2
raphy and other sex offenses against children. The Commission
shall include in the report—
(1) an analysis of the sentences imposed for offenses under
sections 2251, 2252, and 2423 of title 18, United States Code,
and recommendations regarding any modifications to the
sentencing guidelines that may be appropriate with respect
to those offenses;
(2) an analysis of the sentences imposed for offenses under
sections 2241, 2242, 2243, and 2244 of title 18, United States
Code, in cases in which the victim was under the age of 18
years, and recommendations regarding any modifications to
the sentencing guidelines that may be appropriate with respect
to those offenses;
(3) an analysis of the type of substantial assistance 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 sex crimes against children, an analysis of the
impact on recidivism of sexual abuse treatment provided during
or after incarceration or both, and an analysis of whether
increased penalties would reduce recidivism for those crimes;
and
(5) such other recommendations with respect to the offenses
described in this section as the Commission deems appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.