[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1240 Enrolled Bill (ENR)]

        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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.