[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 900 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 900

 To provide for sentencing enhancements and amendments to the Federal 
     Sentencing Guidelines for offenses relating to the abuse and 
           exploitation of children, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 12, 1997

  Mr. Feingold (for himself and Mr. DeWine) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for sentencing enhancements and amendments to the Federal 
     Sentencing Guidelines for offenses relating to the abuse and 
           exploitation of children, and for other purposes.

    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 ``Child Exploitation Sentencing 
Enhancement Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the sexual exploitation of children, including the 
        sexual abuse of minors, and illegal sexual activity with 
        minors, poses a significant threat to the health, safety, and 
        well-being of children in the United States;
            (2) there is a compelling governmental interest in 
        preserving the health and safety of children, and the 
        prevention and elimination of the sexual abuse and exploitation 
        of children serves that interest;
            (3) if computers are used to facilitate the sexual abuse or 
        exploitation of children--
                    (A) by facilitating the contact, persuasion, 
                inducement, enticement, or coercion of a child in order 
                to exploit or engage in illegal sexual activity with 
                that child, the risk of harm is magnified and more 
                dangerous to children because--
                            (i) the use of a computer allows the sexual 
                        offender to target and reach a wider range of 
                        potential victims than would otherwise be 
                        possible if direct physical presence and 
                        contact with the child was necessary to 
                        initiate and facilitate the crime; and
                            (ii) the use of a computer allows the 
                        sexual offender to avoid more readily detection 
                        by law enforcement officials, as law 
                        enforcement officials may lack the resources or 
                        training necessary to identify, pursue, and 
                        apprehend those individuals who target children 
                        for sexual exploitation through the use of 
                        computers; and
                    (B) the use of a computer allows a sexual offender 
                to avoid revealing, or to knowingly conceal from a 
                potential victim, the actual identity of the offender 
                (including the offender's sex, age, and name) and 
                therefore allows the offender to gain more readily the 
                confidence of an unsuspecting child;
            (4) there is a compelling governmental interest in 
        prohibiting repeated and continuing patterns of child sexual 
        exploitation through extended incarceration for offenders who 
        use computers to facilitate the sexual exploitation of a child 
        or to sexually exploit a child;
            (5) individuals who engage in a repeated and continuing 
        pattern of sexual abuse or exploitation of children over a 
        period of time are particularly harmful to children;
            (6) it is important to pay special attention to the 
        identification of those offenders who show the greatest risk of 
        continuing victimizing of children, so that the offenders may 
        be incapacitated through extended incarceration;
            (7) consistently, experts in the field of criminal justice 
        find that criminal history, especially a history of sexual 
        offenses, is the most important and accurate predictor of 
        whether an individual might commit a sexual offense in the 
        future;
            (8)(A) the report issued by the United States Sentencing 
        Commission in 1996 entitled ``Sex Offenses Against Children: 
        Findings and Recommendations Regarding Federal Penalties'' 
        contains a review of the cases of all Federal offenders 
        sentenced for offenses of pornography and transportation of 
        minors for illegal sexual activity and criminal sexual abuse;
            (B) in the report, the United States Sentencing Commission 
        found that--
                    (i) in approximately 20 percent of the cases 
                reviewed by the United States Sentencing Commission, 
                the defendant had a prior sex-related conviction;
                    (ii) 64 percent of the defendants convicted under 
                sexual abuse guidelines who had prior convictions for 
                sexual offenses had committed sexual crimes against 
                children; and
                    (iii) for all categories of sexual abuse, the 
                probability that a child was the prior victim of such a 
                defendant was high (ranging from a 50 to 70 percent 
                probability);
            (9) incapacitation through extended incarceration will 
        prevent those offenders who engage in a repeated and continuing 
        pattern of sexual exploitation of children from continuing to 
        commit the heinous sexual offenses against children; and
            (10) the prevention and elimination of the sexual 
        exploitation of children provides a compelling governmental 
        interest in prohibiting repeated and continuing patterns of 
        child sexual exploitation through extended incarceration.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Child; children.--The term ``child'' or ``children'' 
        means a minor or minors of an age specified in the applicable 
        provision of title 18, United States Code, that is subject to 
        review under this Act.
            (2) Minor.--The term ``minor'' means any individual who has 
        not attained the age of 18, except that, with respect to 
        references to section 2243 of title 18, United States Code, the 
        term means an individual described in subsection (a) of that 
        section.

SEC. 4. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE SEXUAL ABUSE 
              OR EXPLOITATION OF A CHILD.

    Pursuant to the authority granted to the United States Sentencing 
Commission under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors under section 2423 of title 18, 
        United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        increase penalties if the defendant used a computer with the 
        intent to persuade, induce, entice, or coerce a child of an age 
        specified in the applicable provision referred to in paragraph 
        (1) to engage in any prohibited sexual activity.

SEC. 5. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN THE SEXUAL 
              ABUSE OR EXPLOITATION OF A CHILD.

    Pursuant to the authority granted to the United States Sentencing 
Commission under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on aggravated 
        sexual abuse under section 2241 of title 18, United States 
        Code, sexual abuse under section 2242 of title 18, United 
        States Code, sexual abuse of a minor or ward under section 2243 
        of title 18, United States Code, coercion and enticement of a 
        juvenile under section 2422(b) of title 18, United States Code, 
        and transportation of minors under section 2423 of title 18, 
        United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        increase penalties if the defendant knowingly misrepresented 
        the actual identity of the defendant with the intent to 
        persuade, induce, entice, or coerce a child of an age specified 
        in the applicable provision referred to in paragraph (1) to 
        engage in a prohibited sexual activity.

SEC. 6. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL 
              EXPLOITATION OF CHILDREN.

    Pursuant to the authority granted to the United States Sentencing 
Commission under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines on criminal 
        sexual abuse, the production of sexually explicit material, the 
        possession of materials depicting a child engaging in sexually 
        explicit conduct, coercion and enticement of minors, and the 
        transportation of minors; and
            (2) upon completion of the review under paragraph (1), 
        promulgate amendments to the Federal Sentencing Guidelines to 
        increase penalties applicable to the offenses referred to in 
        paragraph (1) in any case in which the defendant engaged in a 
        pattern of activity involving the sexual abuse or exploitation 
        of a minor.

SEC. 7. REPEAT OFFENDERS; INCREASED MAXIMUM PENALTIES FOR 
              TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
              CRIMES.

    (a) Repeat Offenders.--
            (1) Chapter 117.--
                    (A) In general.--Chapter 117 of title 18, United 
                States Code, is amended by adding at the end the 
                following:
``Sec. 2425. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter or 
        chapter 109A or 110; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter or chapter 109A or 110.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
                    (B) Conforming amendment.--The chapter analysis for 
                chapter 117 of title 18, United States Code, is amended 
                by adding at the end the following:

``2425. Repeat offenders.''.
            (2) Chapter 109a.--Section 2247 of title 18, United States 
        Code, is amended to read as follows:
``Sec. 2247. Repeat offenders
    ``(a) In General.--Any person described in this subsection shall be 
subject to the punishment under subsection (b). A person described in 
this subsection is a person who violates a provision of this chapter, 
after one or more prior convictions--
            ``(1) for an offense punishable under this chapter or 
        chapter 110 or 117; or
            ``(2) under any applicable law of a State relating to 
        conduct punishable under this chapter, or chapter 110 or 117.
    ``(b) Punishment.--A violation of a provision of this chapter by a 
person described in subsection (a) is punishable by a term of 
imprisonment of a period not to exceed twice the period that would 
otherwise apply under this chapter.''.
    (b) Increased Maximum Penalties for Transportation for Illegal 
Sexual Activity and Related Crimes.--
            (1) Transportation generally.--Section 2421 of title 18, 
        United States Code, is amended by striking ``five'' and 
        inserting ``10''.
            (2) Coercion and enticement of minors.--Section 2422 of 
        title 18, United States Code, is amended--
                    (A) in subsection (a), by striking ``five'' and 
                inserting ``10''; and
                    (B) in subsection (b), by striking ``10'' and 
                inserting ``15''.
            (3) Transportation of minors.--Section 2423 of title 18, 
        United States Code, is amended--
                    (A) in subsection (a), by striking ``ten'' and 
                inserting ``15''; and
                    (B) in subsection (b), by striking ``10'' and 
                inserting ``15''.
    (c) Amendment of Sentencing Guidelines.--Pursuant to the authority 
granted to the United States Sentencing Commission under section 994(p) 
of title 28, United States Code, the United States Sentencing 
Commission shall--
            (1) review the Federal Sentencing Guidelines relating to 
        chapter 117 of title 18, United States Code; and
            (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to provide for the amendments made by this 
        section.

SEC. 8. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF PORNOGRAPHY.

    Pursuant to the authority granted to the United States Sentencing 
Commission under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall--
            (1) review the Federal Sentencing Guidelines relating to 
        the distribution of pornography covered under chapter 110 of 
        title 18, United States Code, relating to the sexual 
        exploitation and other abuse of children; and
            (2) upon completion of the review under paragraph (1), 
        promulgate such amendments to the Federal Sentencing Guidelines 
        as are necessary to clarify that the term ``distribution of 
        pornography'' applies to the distribution of pornography--
                    (A) for monetary remuneration; or
                    (B) for a nonpecuniary interest.

SEC. 9. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    In carrying out this Act, the United States Sentencing Commission 
shall--
            (1) with respect to any action relating to the Federal 
        Sentencing Guidelines subject to this Act, ensure reasonable 
        consistency with other guidelines of the Federal Sentencing 
        Guidelines; and
            (2) with respect to an offense subject to the Federal 
        Sentencing Guidelines, avoid duplicative punishment under the 
        guidelines for substantially the same offense.

SEC. 10. AUTHORIZATION FOR GUARDIANS AD LITEM.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice, for the purpose specified in 
subsection (b), such sums as may be necessary for each of fiscal years 
1998 through 2001.
    (b) Purpose.--The purpose specified in this subsection is the 
procurement, in accordance with section 3509(h) of title 18, United 
States Code, of the services of individuals with sufficient 
professional training, experience, and familiarity with the criminal 
justice system, social service programs, and child abuse issues to 
serve as guardians ad litem for children who are the victims of, or 
witnesses to, a crime involving abuse or exploitation.

SEC. 11. APPLICABILITY.

    This Act and the amendments made by this Act shall apply to any 
action that commences on or after the date of enactment of this Act.
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