Sex Crimes Against Children Prevention Act of 1995
PL 104-71 (H.R.1240), enacted 12/23/1995

109 STAT. 774 
PUBLIC LAW 104-71—DEC. 23, 1995 
Public Law 104-71 
104th Congress 
An Act 
Dec. 23, 1995 
To combat crime by enhancing the penalties for certain sexual crimes against 
[H.R. 1240] 
children. 
Be it enacted by the Senate and House of Representatives 
of 
Sex Crimes 
the United States of America in Congress assembled. 
Against Children 
„ 
Prevention Act of 
SECTION 1. SHORT TITLE. 
2
8
^
U
S
C 994 note 
"^^^^ ^^^ "^^^ ^^ cited as the "Sex Crimes Against Children 
Prevention Act of 1995". 
28 u s e 994 note. 
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. 
28 u s e 994 note. 
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. 
28 u s e 994 note. 
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-
PUBLIC LAW 104-71—DEC. 23, 1995 
109 STAT. 775 
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. 
Approved December 23, 1995. 
LEGISLATIVE HISTORY—H.R. 1240: 
HOUSE REPORTS: No. 104-90 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
Apr. 4, considered and passed House. 
Apr. 6, considered and passed Senate, amended. 
Dec. 12, House concurred in Senate amendment.