[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1240 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                              April 6 (legislative day, April 5), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
1240) entitled ``An Act to combat crime by enhancing the penalties for 
certain sexual crimes against children'', 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 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 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''.

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 pornography 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.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 1240

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                               AMENDMENT