[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2318 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2318

 To amend title 18, United States Code, to provide increased penalties 
     for sexual offenses against children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2005

    Mr. Green of Wisconsin introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide increased penalties 
     for sexual offenses against 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 ``Protection Against Sexual 
Exploitation of Children Act of 2005''.

SEC. 2. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.

    (a) Sexual Abuse.--
            (1) Aggravated sexual abuse of children.--Section 2241(c) 
        of title 18, United States Code, is amended by striking ``, 
        imprisoned for any term of years or life, or both.'' and 
        inserting ``and imprisoned for not less than 30 years or for 
        life.''.
            (2) Abusive sexual contact with children.--Section 2244 of 
        chapter 109A of title 18, United States Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by inserting ``(a) or 
                        (b)'' after ``section 2241'';
                            (ii) by redesignating paragraphs (2), (3), 
                        and (4) as paragraphs (3), (4), and (5), 
                        respectively; and
                            (iii) by inserting after paragraph (1) the 
                        following:
            ``(2) subsection (c) of section 2241 of this title had the 
        sexual contact been a sexual act, shall be fined under this 
        title and imprisoned for not less than 10 years and not more 
        than 25 years;''; and
                    (B) in subsection (c), by inserting ``(other than 
                subsection (a)(2))'' after ``violates this section''.
            (3) Sexual abuse of children resulting in death.--Section 
        2245 of title 18, United States Code, is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following:
    ``(b) Offenses Involving Young Children.--A person who, in the 
course of an offense under this chapter, engages in conduct that 
results in the death of a person who has not attained the age of 12 
years, shall be punished by death or imprisoned for not less than 30 
years or for life.''.
    (b) Sexual Exploitation and Other Abuse of Children.--
            (1) Sexual exploitation of children.--Section 2251(e) of 
        title 18, United States Code, is amended--
                    (A) by striking ``15 years nor more than 30 years'' 
                and inserting ``25 years or for life'';
                    (B) by striking ``not less than 25 years nor more 
                than 50 years, but if such person has 2 or more prior 
                convictions under this chapter, chapter 71, chapter 
                109A, or chapter 117, or under section 920 of title 10 
                (article 120 of the Uniform Code of Military Justice), 
                or under the laws of any State relating to the sexual 
                exploitation of children, such person shall be fined 
                under this title and imprisoned not less than 35 years 
                nor more than life.'' and inserting ``life.''; and
                    (C) by striking ``any term of years or for life'' 
                and inserting ``not less than 30 years or for life.''.
            (2) Activities relating to material involving the sexual 
        exploitation of children.--Section 2252(b) of title 18, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``5 years and not more than 
                        20 years'' and inserting ``25 years or for 
                        life''; and
                            (ii) by striking ``not less than 15 years 
                        nor more than 40 years.'' and inserting 
                        ``life.''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or imprisoned for not 
                        more than'' and inserting ``and imprisoned 
                        for'';
                            (ii) by striking ``, or both''; and
                            (iii) by striking ``10 years nor more than 
                        20 years.'' and inserting ``30 years or for 
                        life.''.
            (3) Activities relating to material constituting or 
        containing child pornography.--Section 2252A(b) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``5 years and not more than 
                        20 years'' and inserting ``25 years or for 
                        life''; and
                            (ii) by striking ``not less than 15 years 
                        nor more than 40 years'' and inserting 
                        ``life''; and
                    (B) in paragraph (2)--
                            (i) by striking ``or imprisoned not more 
                        than 10 years, or both'' and inserting ``and 
                        imprisoned for 10 years''; and
                            (ii) by striking ``10 years nor more than 
                        20 years'' and inserting ``30 years or for 
                        life''.
            (4) Using misleading domain names to direct children to 
        harmful material on the internet.--Section 2252B(b) of title 
        18, United States Code, is amended by striking ``or imprisoned 
        not more than 4 years, or both'' and inserting `` and 
        imprisoned not less than 10 years''.
            (5) Production of sexually explicit depictions of 
        children.--Section 2260(c) of title 18, United States Code, is 
        amended by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) shall be fined under this title and imprisoned for 
        not less than 25 years; and
            ``(2) if the person has a prior conviction under this 
        chapter or chapter 109A, shall be fined under this title and 
        imprisoned for life.''.
    (c) Conduct Relating to Child Prostitution.--Section 2423 of title 
18, United States Code, is amended--
            (1) in subsection (a), by striking ``5 years and not more 
        than 30 years'' and inserting ``30 years or for life'';
            (2) in subsection (b), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years'';
            (3) in subsection (c), by striking ``or imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years and not more than 30 years''; and
            (4) in subsection (d), by striking ``imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for 30 
        years''.
    (d) Mandatory Life Imprisonment for Certain Repeated Sex Offenses 
Against Children.--Section 3559(e)(2)(A) of title 18, United States 
Code, is amended--
            (1) by striking ``or 2423(a)'' and inserting ``2423(a)''; 
        and
            (2) by inserting ``, 2423(b) (relating to travel with 
        intent to engage in illicit sexual conduct), or 2425 (relating 
        to use of interstate facilities to transmit information about a 
        minor)'' after ``minors)''.
                                 <all>