[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 900 Reported in Senate (RS)]
Calendar No. 204
105th CONGRESS
1st Session
S. 900
_______________________________________________________________________
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.
_______________________________________________________________________
October 9, 1997
Reported with an amendment
Calendar No. 204
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
October 9, 1997
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Child Exploitation
Sentencing Enhancement Act of 1997''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) if computers are used to facilitate the sexual
abuse or exploitation of children--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) in the report, the United States Sentencing
Commission found that--</DELETED>
<DELETED> (i) in approximately 20 percent of the
cases reviewed by the United States Sentencing
Commission, the defendant had a prior sex-related
conviction;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE
SEXUAL ABUSE OR EXPLOITATION OF A CHILD.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN
THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL
EXPLOITATION OF CHILDREN.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 7. REPEAT OFFENDERS; INCREASED MAXIMUM PENALTIES FOR
TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES.</DELETED>
<DELETED> (a) Repeat Offenders.--</DELETED>
<DELETED> (1) Chapter 117.--</DELETED>
<DELETED> (A) In general.--Chapter 117 of title 18,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 2425. Repeat offenders</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) for an offense punishable under this chapter
or chapter 109A or 110; or</DELETED>
<DELETED> ``(2) under any applicable law of a State relating
to conduct punishable under this chapter or chapter 109A or
110.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (B) Conforming amendment.--The chapter
analysis for chapter 117 of title 18, United States
Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``2425. Repeat offenders.''.
<DELETED> (2) Chapter 109a.--Section 2247 of title 18,
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 2247. Repeat offenders</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) for an offense punishable under this chapter
or chapter 110 or 117; or</DELETED>
<DELETED> ``(2) under any applicable law of a State relating
to conduct punishable under this chapter, or chapter 110 or
117.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Increased Maximum Penalties for Transportation for
Illegal Sexual Activity and Related Crimes.--</DELETED>
<DELETED> (1) Transportation generally.--Section 2421 of
title 18, United States Code, is amended by striking ``five''
and inserting ``10''.</DELETED>
<DELETED> (2) Coercion and enticement of minors.--Section
2422 of title 18, United States Code, is amended--</DELETED>
<DELETED> (A) in subsection (a), by striking
``five'' and inserting ``10''; and</DELETED>
<DELETED> (B) in subsection (b), by striking ``10''
and inserting ``15''.</DELETED>
<DELETED> (3) Transportation of minors.--Section 2423 of
title 18, United States Code, is amended--</DELETED>
<DELETED> (A) in subsection (a), by striking ``ten''
and inserting ``15''; and</DELETED>
<DELETED> (B) in subsection (b), by striking ``10''
and inserting ``15''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) review the Federal Sentencing Guidelines
relating to chapter 117 of title 18, United States Code;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 8. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF
PORNOGRAPHY.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) for monetary remuneration;
or</DELETED>
<DELETED> (B) for a nonpecuniary interest.</DELETED>
<DELETED>SEC. 9. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.</DELETED>
<DELETED> In carrying out this Act, the United States Sentencing
Commission shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) with respect to an offense subject to the
Federal Sentencing Guidelines, avoid duplicative punishment
under the guidelines for substantially the same
offense.</DELETED>
<DELETED>SEC. 10. AUTHORIZATION FOR GUARDIANS AD LITEM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 11. APPLICABILITY.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Exploitation Sentencing
Enhancement Act of 1997''.
SEC. 2. 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. 3. 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
provide an appropriate sentencing enhancement 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. 4. 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
provide an appropriate sentencing enhancement 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. 5. 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
provide an appropriate sentencing enhancement 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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.