[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1240 Reported in House (RH)]
Union Calendar No. 43
104th CONGRESS
1st Session
H. R. 1240
[Report No. 104-90]
_______________________________________________________________________
A BILL
To combat crime by enhancing the penalties for certain sexual crimes
against children.
_______________________________________________________________________
March 28, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 43
104th CONGRESS
1st Session
H. R. 1240
[Report No. 104-90]
To combat crime by enhancing the penalties for certain sexual crimes
against children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 1995
Mr. McCollum (for himself, Mrs. Vucanovich, Mr. Coble, Mr. Bryant of
Tennessee, Mr. Schiff, Mr. Heineman, Mr. Chabot, and Mr. Barr)
introduced the following bill; which was referred to the Committee on
the Judiciary
March 28, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
15, 1995]
_______________________________________________________________________
A BILL
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. PREDICATE OFFENSES FOR RICO.
Section 1961(1)(B) of title 18, United States Code, is amended by
striking ``sections 1461-1465 (relating to obscene matter)'' and
inserting ``chapter 71 (relating to obscenity)''.
SEC. 6. TECHNICAL CORRECTION.
Section 2423(b) of title 18, United States Code, is amended by
striking ``2245'' and inserting ``2246''.
SEC. 7. 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.