I
105TH CONGRESS
2D SESSION
H. R. 3494
To amend title 18, United States Code, with respect to violent sex crimes
against children, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1998
Mr. MCCOLLUM (for himself, Ms. DUNN, Ms. PRYCE of Ohio, Ms. GRANGER,
Mrs. NORTHUP, Mrs. FOWLER, Mr. FRANKS of New Jersey, Mr. FOLEY,
Mr. CUNNINGHAM, Mr. DEAL of Georgia, Mr. RAMSTAD, Mr. BARR of
Georgia, Mr. CHABOT, Mr. DIAZ-BALART, Mr. GUTKNECHT, and Mr.
LAMPSON) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A BILL
To amend title 18, United States Code, with respect to
violent sex crimes against children, and for other purposes.
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 ‘‘Child Protection and
Sexual Predator Punishment Act of 1998’’.
TITLE 
I—PROTECTING 
CHIL-
DREN FROM SEXUAL PREDA-
TORS AND COMPUTER POR-
NOGRAPHY
SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.
Section 2422 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) Whoever, using the mail or any facility or means
of interstate or foreign commerce, or within the special
maritime and territorial jurisdiction of the United
States—
‘‘(1) knowingly contacts an individual who has
not attained the age of 18 years; or
‘‘(2) knowingly contacts an individual, who has
been represented to the person making the contact
as not having attained the age of 18 years;
for the purposes of engaging in any sexual activity, with
a person who has not attained the age of 18 years, for
which any person may be criminally prosecuted, or at-
tempts to do so, shall be fined under this title or impris-
oned not more than 5 years, or both.’’.
SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.
(a) IN GENERAL.—Chapter 71 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 1470. Transfer of obscene material to minors
‘‘Whoever, using the mail or any facility or means
of interstate or foreign commerce—
‘‘(1) knowingly transfers obscene matter to an
individual who has not attained the age of 18 years,
or attempts to do so; or
‘‘(2) knowingly transfers obscene matter to an
individual who has been represented to the trans-
feror as not having attained the age of 18 years;
shall be fined under this title or imprisoned not more than
5 years, or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 71 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1470. Transfer of obscene material to minors.’’.
SEC. 103. INCREASED PRISON SENTENCES FOR ENTICE-
MENT OF MINORS.
Section 2422 of title 18, United States Code, is
amended—
(1) in subsection (a), by adding at the end ‘‘If
the individual had not attained the age of 18 years
at the time of the offense, the maximum imprison-
ment for an offense under this subsection is 10
years.’’; and
(2) in subsection (b), by striking ‘‘10’’ and in-
serting ‘‘15’’.
SEC. 104. INCREASED PENALTIES FOR CERTAIN ACTIVITIES
RELATING TO MATERIAL INVOLVING THE
SEXUAL 
EXPLOITATION 
OF 
MINORS 
OR
CHILD PORNOGRAPHY AND TECHNICAL COR-
RECTION.
(a) INCREASED PENALTIES IN SECTION 2252.—Sec-
tion 2252(b) of title 18, United States Code, is amended—
(1) in each of paragraphs (1) and (2), by strik-
ing ‘‘or chapter 109A’’ and inserting ‘‘chapter 109A,
or section 2421, 2422, or 2423’’; and
(2) in paragraph (2), by inserting ‘‘the offense
consisted of the possession of 50 or more items of
the sort described in subsection (a)(4) or’’ after ‘‘if’’.
(b) INCREASED PENALTIES IN SECTION 2252A.—
Section 2252A(b)(2) of title 18, United States Code, is
amended by inserting ‘‘the offense consisted of the posses-
sion of 50 or more images of the sort described in sub-
section (a)(4) or’’ after ‘‘if ’’.
(c) TECHNICAL CORRECTION.—Section 2252(a) of
title 18, United States Code, is amended so that para-
graph (4) reads as follows:
‘‘(4) either—
‘‘(A) in the special maritime and territorial
jurisdiction of the United States, or on any
land or building owned by, leased to, or other-
wise used by or under the control of the Gov-
ernment of the United States, or in the Indian
country (as defined in section 1151 of this
title), knowingly possesses—
‘‘(i) 3 or more books, magazines, peri-
odicals, films, video tapes, or other matter
that contain any visual depiction, if—
‘‘(I) the producing of such visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) such visual depiction is of
such conduct; or
‘‘(ii) any book, magazine, periodical,
film, videotape, computer disk, or any
other material that contains 3 or more vis-
ual depictions, if—
‘‘(I) the producing of each visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) each visual depiction is of
such conduct; or
‘‘(B) knowingly possesses—
‘‘(i) 3 or more books, magazines, peri-
odicals, films, video tapes, or other matter
that contain any visual depiction that has
been mailed, or has been shipped or trans-
ported in interstate or foreign commerce,
or which was produced using materials
which have been mailed or so shipped or
transported, by any means including by
computer, if—
‘‘(I) the producing of such visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) such visual depiction is of
such conduct; or
‘‘(ii) any book, magazine, periodical,
film, videotape, computer disk, or any
other material that contains 3 or more vis-
ual depictions, if—
‘‘(I) the producing of each visual
depiction involves the use of a minor
engaging in sexually explicit conduct;
and
‘‘(II) each visual depiction is of
such conduct;’’.
SEC. 105. CRIMINAL FORFEITURE FOR SOLICITATION OF
MINORS AND INTERSTATE PROSTITUTION.
Section 2253(a) of title 18, United States Code, is
amended by inserting ‘‘, or who is convicted of an offense
under section 2421, 2422, or 2423 of this title,’’ after
‘‘2252 of this chapter’’.
SEC. 106. PRETRIAL DETENTION OF CHILD SEX OFFEND-
ERS.
Section 3142(f)(1) of title 18, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of each of sub-
paragraphs (C) and (D); and
(2) by adding at the end the following:
‘‘(E) an offense under chapter 109A, 110,
or 117, involving child pornography or against
a minor; or’’.
SEC. 107. INCREASED PRISON SENTENCES.
Subsection (b) of section 2422 of title 18, United
States Code, is amended by adding at the end the follow-
ing: ‘‘If in the course of committing the offense under this
subsection, the defendant used a computer to transmit a
§ ‘‘2423. Transportation of minors and assumed mi-
nors
‘‘(a) TRANSPORTATION WITH INTENT TO ENGAGE
IN CRIMINAL SEXUAL ACTIVITY.—A person who know-
ingly—
‘‘(1) transports an individual who has not at-
tained the age of 18 years; or
‘‘(2) transports an individual, under the belief
that the individual has not attained the age of 18
years;
in interstate or foreign commerce, or in any Territory or
Possession of the United States, with intent that the indi-
vidual engage in prostitution, or in any sexual activity for
which any person can be charged with a criminal offense,
shall be fined under this title or imprisoned not more than
15 years, or both.
‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL
ACT WITH A JUVENILE.—A person who travels in inter-
state commerce, or conspires to do so, or a United States
citizen or an alien admitted for permanent residence in
the United States who travels in foreign commerce, or con-
spires to do so, for the purpose of engaging in any sexual
act (as defined in section 2246) with another person who
has not attained the age of 18 years, or whom the person
believes has not attained the age of 18 years, that would
be in violation of chapter 109A if the sexual act occurred
in the special maritime and territorial jurisdiction of the
United States shall be fined under this title, imprisoned
not more than 15 years, or both.’’.
SEC. 203. INCREASED PENALTIES FOR ABUSIVE SEXUAL
CONTACT.
Section 2244 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.—If
the sexual contact that violates this section is with an indi-
vidual who has not attained the age of 12 years, the maxi-
mum term of imprisonment that may be imposed for the
offense shall be twice that otherwise provides in this sec-
tion.’’.
SEC. 204. PUNISHMENT FOR REPEAT OFFENDERS.
Section 2241 of title 18, United States Code, is
amended by inserting after subsection (d) the following:
‘‘(e) PUNISHMENT FOR REPEAT OFFENDERS.—(1)
Whoever has twice previously been convicted of a serious
State or Federal sex crime and who—
‘‘(A) violates this section; or
‘‘(B) in a circumstance described in paragraph
(2) of this subsection, engages in conduct that would
have violated this section if the conduct had oc-
curred in the special maritime and territorial juris-
diction of the United States;
shall be imprisoned for life.
‘‘(2) The circumstance referred to in paragraph (1)
of this subsection is that—
‘‘(A) the person engaging in such conduct trav-
eled in interstate or foreign commerce or used the
mail or any facility or means of interstate or foreign
commerce in furtherance of the offense; or
‘‘(B) such conduct occurs in or affects inter-
state or foreign commerce and would have violated
this section if the conduct had occurred in the spe-
cial maritime and territorial jurisdiction of the
United States.
‘‘(f) SERIOUS STATE OR FEDERAL SEX CRIME.—For
the purposes of subsections (e) and (f), the term serious
State or Federal sex crime means a State or Federal of-
fense for conduct which—
‘‘(i) is an offense under this section or section
2242 of this title; or
‘‘(ii) would have been an offense under either of
such sections if the offense had occurred in the spe-
cial maritime or territorial jurisdiction of the United
States.’’.
SEC. 205. REPEAT OFFENDERS IN SEXUAL ABUSE CASES.
Section 2247 of title 18, United States Code, is
amended to read as follows:
‘‘§ 2247. Repeat offenders
‘‘(a) The maximum term of imprisonment for a viola-
tion of this chapter after a prior sex offense conviction
shall be twice the term otherwise provided by this chapter.
‘‘(b) As used in this section, the term ‘prior sex of-
fense conviction’ has the meaning given that term in sec-
tion 2425.’’.
SEC. 206. CIVIL REMEDY FOR PERSONAL INJURIES RE-
SULTING 
FROM 
CERTAIN 
SEX 
CRIMES
AGAINST CHILDREN.
Section 2255 of title 18, United States Code, is
amended by striking ‘‘2251 or 2252’’ and inserting
‘‘2241(c), 2243, 2251, 2252, 2421, 2422, or 2423’’.
SEC. 207. ELIMINATION OF REDUNDANCY AND AMBIGU-
ITIES.
(a) REDUNDANCY.—Section 2243(a) of title 18,
United States Code, is amended by striking ‘‘crosses a
State line with intent to engage in a sexual act with a
person who has not attained the age of 12 years, or’’.
(b) MAKING CONSISTENT LANGUAGE ON AGE DIF-
FERENTIAL.—Section 2241(c) of title 18, United States
Code, is amended by striking ‘‘younger than that person’’
and inserting ‘‘younger than the person so engaging’’.
(c) DEFINITION OF STATE.—Section 2246 of title 18,
United States Code, is amended—
(1) in paragraph (5), by striking the period and
inserting a semicolon; and
(2) by adding a new paragraph as follows:
‘‘(6) the term ‘State’ means a State of the
United States, the District of Columbia, and any
commonwealth, possession, or territory of the United
States.’’.
TITLE III—FEDERAL INVESTIGA-
TIONS 
OF 
SEX 
CRIMES
AGAINST CHILDREN AND SE-
RIAL KILLERS
SEC. 301. ADMINISTRATIVE SUBPOENAS.
(a) IN GENERAL.—Chapter 203 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 3064. Administrative subpoenas
‘‘(a) AUTHORIZATION OF USE.—In an investigation
of an alleged violation of section 2241(c), 2243, 2421,
2422, or 2423 of this title where a victim is an individual
who has not attained the age of 18 years, the Attorney
General may subpoena witnesses, compel the production
of any records (including books, papers, documents,
eletronic data, and other tangible things which constitute
or contain evidence) which the Attorney General finds rel-
evant or material to the investigation. The attendance of
witnesses and the production of records may be required
from any place in any State or in any territory or other
place subject to the jurisdiction of the United States at
any designated place of hearing, except that a witness
shall not be required to appear at any hearing more than
500 miles distant from the place where the witness was
served with a subpoena. Witnesses summoned under this
section shall be paid the same fees and commissions that
are paid witnesses in the courts of the United States.
‘‘(b) SERVICE.—A subpoena issued under this section
may be served by any person designated in the subpoena
to serve it. Service upon a natural person may be made
by personal delivery of the subpoena to that person or by
certified mail with return receipt requested. Service may
be made upon a domestic or foreign corporation or upon
a partnership or other unincorporated association which
is subject to suit under a common name, by delivering the
subpoena to an officer, to a managing or general agent,
or any other agent authorized by appointment or by law
to receive service of process. The affidavit of the person
serving the subpoena entered on a true copy thereof by
the person serving it shall be proof of service.
‘‘(c) ENFORCEMENT.—In the case of contumacy by
or the refusal to obey a subpoena issued to any person
under this section, the Attorney General may invoke the
aid of any court of the United States within the jurisdic-
tion of which the investigation is carried on, or of which
the person is an inhabitant or in which the person carries
on business or may be found, to compel compliance with
the subpoena. The court may issue an order requiring the
subpoenaed person to appear before the Attorney General
to produce records, if so ordered, or to give testimony re-
garding the matter under investigation. Any failure to
obey the order of the court may be punished by the court
as contempt thereof. All process in any such case may be
served in any judicial district in which such person may
be found.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 203 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘3064. Administrative subpoenas.’’.
SEC. 302. KIDNAPPING.
(a) 24-HOUR RULE.—Section 1201(b) of title 18,
United States Code, is amended by adding at the end the
following: ‘‘However, the fact that the presumption under
this section has not yet taken effect does not preclude a
Federal investigation of a possible violation of this section
before the twenty-four hour period has ended.’’.
(b) JURISDICTIONAL ELEMENTS.—Section 1201(a)
of title 18, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(4); and
(2) by adding after paragraph (5) the following:
‘‘(6) the mail or any facility or means of inter-
state or foreign commerce is used in furtherance of
the offense; or
‘‘(7) the offense affects interstate or foreign
commerce, or would do so if the offense were con-
summated;’’.
(c) CLARIFICATION OF ELEMENT OF OFFENSE.—
Section 1201(a) of title 18, United States Code, is amend-
ed by inserting ‘‘, regardless of whether such person was
alive when transported across a State boundary provided
the person was alive when the transportation began’’ be-
fore the semicolon at the end of paragraph (1);
SEC. 303. MURDER.
(a) NEW OFFENSE OF CROSSING STATE LINES WITH
INTENT TO COMMIT MURDER.—Chapter 51 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘§ 1123. Crossing State lines with intent to commit
murder
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to engage in conduct
that constitutes murder in the first degree (as defined in
section 1111) shall be punished by imprisonment for life,
and if death results, may be punished by death.
‘‘(b) No prosecution for any offense described in this
section shall be undertaken by the United States except
on written certification of the Attorney General or the
highest ranking subordinate of the Attorney General with
responsibility for criminal prosecutions that, in the judg-
ment of the certifying official, the conduct intended to be
engaged in was a serial killing. A certification under this
subsection shall not be reviewable in any court.
‘‘(c) As used in this section—
‘‘(1) the term ‘State’ means a State of the
United States and also includes the District of Co-
lumbia, and any commonwealth, territory, or posses-
sion of the United States; and
‘‘(2) the term ‘serial killing’ means one in a se-
ries of 3 or more killings during separate criminal
episodes, at least one of which is committed in the
United States having common characteristics that
suggest the reasonable possibility the killings were
committed by the same actor or actors.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 51 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘1123. Crossing State lines with intent to commit murder.’’.
SEC. 304. MORGAN P. HARDIMAN CHILD ABDUCTION AND
SERIAL 
MURDER 
INVESTIGATIVE 
RE-
SOURCES CENTER.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of the enactment of this Act, the Attorney Gen-
eral shall establish a Child Abduction and Serial Murder
Investigative Resources Center to be known as the ‘‘Mor-
gan P. Hardiman Child Abduction and Serial Murder In-
vestigative Resources Center’’ (hereinafter in this section
referred to as the ‘‘CASMIRC’’).
(b) PURPOSE.—The purpose of this section is to es-
tablish a Federal Bureau of Investigation Child Abduction
and Serial Murder Investigative Resources Center man-
aged by the FBI’s Critical Incident Response Group’s Na-
tional Center for the Analysis of Violent Crime (NCAVC)
and multidisciplinary resource teams in FBI field offices
to provide investigative support through the coordination
and provision of Federal law enforcement resources, train-
ing, and application of other multidisciplinary expertise,
to assist Federal, State, and local authorities in matters
involving child abductions, mysterious disappearance of
children, child homicide, and serial murder across the
country. The CASMIRC shall be co-located with the
NCAVC.
(c) DUTIES
OF
THE CASMIRC.—The CASMIRC
shall perform such duties as the Attorney General deems
appropriate to carry out the purposes of the CASMIRC,
including but not limited to—
(1) identifying, developing, researching, acquir-
ing, and refining multidisciplinary information and
specialities to provide for the most current expertise
available to advance investigative knowledge and
practices used in child abduction, mysterious dis-
appearance of children, child homicide, and serial
murder investigations;
(2) providing advice and coordinating the appli-
cation of current and emerging technical, forensic,
and other Federal assistance to Federal, State, and
local authorities in child abduction, mysterious dis-
appearances of children, child homicide, and serial
murder investigations;
(3) providing investigative support, research
findings, and violent crime analysis to Federal,
State, and local authorities in child abduction, mys-
terious disappearances of children, child homicide,
and serial murder investigations;
(4) providing, if requested by a Federal, State,
or local law enforcement agency, on site consultation
and advice in child abduction, mysterious disappear-
ances of children, child homicide and serial murder
investigations;
(5) coordinating the application of resources of
pertinent Federal law enforcement agencies, and
other Federal entities including, but not limited to,
the United States Customs Service, the Secret Serv-
ice, the Postal Inspection Service, and the United
States Marshals Service, as appropriate, and with
the concurrence of the agency head to support Fed-
eral, State, and local law enforcement involved in
child abduction, mysterious disappearance of a child,
child homicide, and serial murder investigations;
(6) conducting ongoing research related to child
abductions, mysterious disappearances of children,
child homicides, and serial murder, including identi-
fication and investigative application of current and
emerging technologies, identification of investigative
searching technologies and methods for physically lo-
cating abducted children, investigative use of of-
fender behavioral assessment and analysis concepts,
gathering statistics and information necessary for
case identification, trend analysis, and case linkages
to advance the investigative effectiveness of out-
standing abducted children cases, develop investiga-
tive systems to identify and track serious serial of-
fenders that repeatedly victimize children for com-
parison to unsolved cases, and other investigative re-
search pertinent to child abduction, mysterious dis-
appearance of a child, child homicide, and serial
murder covered in this section;
(7) working under the Federal Bureau of Inves-
tigation’s NCAVC in coordination with the National
Center 
For 
Missing 
and 
Exploited 
Children
(NCMEC) and the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) to provide appro-
priate training to Federal, State, and local law en-
forcement in matters regarding child abductions,
mysterious disappearances of children, child homi-
cides; and
(8) establishing a centralized repository based
upon case data reflecting child abductions, mysteri-
ous disappearances of children, child homicides and
serial murder submitted by State and local agencies,
and an automated system for the efficient collection,
retrieval, analysis, and reporting of information re-
garding CASMIRC investigative resources, research,
and requests for and provision of investigative sup-
port services.
(d) 
APPOINTMENT
OF
PERSONNEL
TO
THE
CASMIRC.—
(1) SELECTION OF MEMBERS OF THE CASMIRC
AND
PARTICIPATING
STATE
AND
LOCAL
LAW
EN-