In the Senate of the United States,
April 6 (legislative day, April 5), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 1240) entitled ‘‘An Act to combat crime by en-
hancing the penalties for certain sexual crimes against chil-
dren’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 IN-
VOLVING 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
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(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 sec-
tion 2251(c)(1)(A) or 2252(a) of title 18, United States
Code, if a computer was used to transmit the notice or ad-
vertisement 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. TECHNICAL CORRECTION.
Section 2423(b) of title 18, United States Code, is
amended by striking ‘‘2245’’ and inserting ‘‘2246’’.
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SEC. 6. 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 sex offenses against children.
The Commission shall include in the report—
(1) an analysis of the sentences imposed for of-
fenses 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 of-
fenses 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 rec-
ommendations regarding 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 sex crimes against children,
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an analysis of the impact on recidivism of sexual
abuse treatment provided during or after incarcer-
ation 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 Commis-
sion deems appropriate.
Attest:
Secretary.