[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1240 Received in Senate (RDS)]







104th CONGRESS
  1st Session
                                H. R. 1240


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 1995

                                Received

_______________________________________________________________________

                                 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 ``Sexual Crimes Against Children 
Prevention Act of 1995''.

SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT IN SEXUAL EXPLOITATION 
              OF CHILDREN.

    The United States Sentencing Commission shall amend the sentencing 
guidelines to increase the base offense level for offenses under 
section 2251 or 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 with respect to an offense under--
            (1) section 2251(c)(1)(A); or
            (2) any of paragraphs (1) through (3) of section 2252(a);
of title 18, United States Code, to increase the offense level by at 
least 2 levels 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 
sexual crimes against children. In this report the Commission shall 
include--
            (1) an analysis of the sentences imposed for offenses under 
        sections 2251, 2252, and 2423 of title 18, United States Code, 
        and recommendations as to 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, where the victim was under the age of 18 years, and 
        recommendations as to 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 sexual 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 these 
        crimes; and
            (5) such other recommendations with respect to the offenses 
        described in this section as the Commission deems appropriate.

            Passed the House of Representatives April 4, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.