[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6167 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6167

  To amend title 18, United States Code, to strengthen penalties for 
 child pornography offenses, child sex trafficking offenses, and other 
              sexual offenses committed against children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2008

  Mr. Keller of Florida (for himself and Mr. Scalise) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committee on Foreign Affairs, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to strengthen penalties for 
 child pornography offenses, child sex trafficking offenses, and other 
              sexual offenses committed 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 ``Prevention and Deterrence of Crimes 
Against Children Act of 2008''.

SEC. 2. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.

    (a) In General.--Section 2251(e) of title 18, United States Code, 
is amended--
            (1) by striking ``15 years nor more than 30 years'' and 
        inserting ``20 years or for life''; and
            (2) by striking ``not less than 25 years nor more than 50 
        years,'' and all that follows through ``not less than 35 years 
        nor more than''.
    (b) Other Offenses.--Sections 2252(b) and 2252A(b) of title 18, 
United States Code, are each amended--
            (1) in paragraph (1)--
                    (A) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (B) by striking ``not less than 15 years nor more 
                than 40 years.'' and inserting ``life.''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years'';
                    (B) by inserting ``section 1591,'' after ``this 
                chapter,''; and
                    (C) by striking ``10 years nor more than 20 
                years.'' and inserting ``20 years or for life.''.
    (c) Domain Names.--Section 2252B(b) of title 18, United States 
Code, is amended by striking ``10 years'' and inserting ``20 years''.
    (d) Transportation of Minors.--Section 2423(f) of title 18, United 
States Code, is amended--
            (1) by striking ``means (1) a'' and inserting the 
        following: ``means--
            ``(1) a'';
            (2) by striking ``; or (2) any'' and inserting the 
        following: ``;
            ``(2) any'';
            (3) by striking the period at the end and inserting ``; 
        or''; and
            (4) by adding at the end the following:
            ``(3) production of child pornography, as that term is 
        defined in section 2256(8).''.

SEC. 3. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND CHILD 
              PROSTITUTION OFFENSES.

    (a) In General.--Section 1591(b) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``not less than 15'' and 
        inserting ``not less than 30''; and
            (2) in paragraph (2), by striking ``not less than 10'' and 
        inserting ``not less than 15''.
    (b) Coercion.--Section 2422 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``20 years'' and 
        inserting ``30 years''; and
            (2) in subsection (b), by striking ``10 years'' and 
        inserting ``15 years''.
    (c) Transportation of Minors.--Section 2423 of title 18, United 
States Code, is amended--
            (1) in subsection (a), by striking ``10 years'' and 
        inserting ``15 years'';
            (2) in subsections (b) and (c), by striking ``or imprisoned 
        not more than 30 years, or both.'' and inserting ``and 
        imprisoned for not less than 10 years (unless the offense is 
        based only on conduct that would be in violation of sections 
        2243 or 2244) nor more than 30 years.''; and
            (3) in subsection (d), by striking ``, imprisoned not more 
        than 30 years, or both'' and inserting ``and imprisoned for not 
        less than 10 years nor more than 30 years''.
    (d) General Provisions.--Section 1594(a) of title 18, United States 
Code, is amended by inserting ``or conspires'' after ``attempts''.
    (e) Release and Detention.--Section 3156(a)(4)(C) of title 18, 
United States Code, is amended by inserting ``, or section 1591'' after 
``117''.
    (f) Subpoenas.--Section 3486(a)(1)(D) of title 18, United States 
Code, is amended by inserting ``1591,'' after ``1201,''.

SEC. 4. INCREASED PENALTIES FOR CHILD SEX OFFENSES RESULTING IN DEATH, 
              REPEATED CHILD SEX CRIMES, AND FORCIBLE RAPE.

    (a) In General.--Section 2245 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(b) Offenses Involving Children.--A person who, in the course of 
an offense under this chapter, chapter 110, chapter 117, or section 
1591 engages in conduct that results in the death of a person who has 
not attained the age of 18 years, shall be punished by death or 
imprisoned for not less than 30 years or for life.''.
    (b) Classification of Offenses.--Section 3559(e)(2)(A) of title 18, 
United States Code, is amended by striking ``2423(a)'' and inserting 
``2423''.
    (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United 
States Code, is amended--
            (1) by striking ``or'' the first place it appears; and
            (2) by inserting before the semicolon ``, or section 
        1591''.
    (d) Sexual Abuse.--Section 2241 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``, imprisoned for any 
        term of years or life, or both'' and inserting ``and imprisoned 
        for any term of years not less than 10 or for life''; and
            (2) in subsection (b), by striking ``, imprisoned for any 
        term of years or life, or both'' and inserting ``and imprisoned 
        for any term of years not less than 5 or for life''.

SEC. 5. SEX TOURISM AND REMOVAL OF SEX OFFENDERS.

    (a) In General.--The Attorney General shall notify--
            (1) the Secretary of State in a timely manner regarding any 
        conviction of an individual of a violation of section 2423 of 
        title 18, United States Code, for appropriate action under 
        subsection (b) of this section; and
            (2) the Secretary of Homeland Security in a timely manner 
        regarding any conviction of an alien of a sex offense for 
        appropriate action under subsection (c) of this section.
    (b) Authority To Restrict Passport.--The Secretary of State--
            (1) shall refuse to issue a passport to an individual if 
        the Secretary receives a notice under subsection (a) that such 
        individual was convicted of a violation of section 2423 of 
        title 18, United States Code; and
            (2) may revoke, restrict, or limit a passport issued to an 
        individual convicted of a violation of section 2423 of title 
        18, United States Code, if the passport was used in furtherance 
        of that violation.
    (c) Removal of Aliens.--The Secretary of Homeland Security shall 
place an alien convicted of a sex offense in removal proceedings under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (d) Grounds of Inadmissibility and Removability.--
            (1) In general.--Section 212(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at 
        the end the following:
                    ``(J) Sexual abuse of a minor.--
                            ``(i) In general.--An alien who is 
                        convicted of sexual abuse of a minor is 
                        inadmissible.
                            ``(ii) Sex offenses.--For purposes of this 
                        subparagraph, an alien who has been convicted 
                        of a sex offense (as that term is defined in 
                        section 111 of the Adam Walsh Child Protection 
                        and Safety Act of 2006 (42 U.S.C. 16911)) shall 
                        be considered to have been convicted of sexual 
                        abuse of a minor. An alien convicted of a sex 
                        offense shall be ineligible for any 
                        discretionary relief under this Act.''.
            (2) Deportable aliens.--Section 237(a)(2)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(iii)) 
        is amended by adding at the end the following ``For purposes of 
        this clause, an alien who has been convicted of a sex offense 
        (as that term is defined in section 111 of the Adam Walsh Child 
        Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be 
        considered to have been convicted of sexual abuse of a 
        minor.''.
    (e) Definition of Sex Offense.--In this section, the term ``sex 
offense'' has the meaning given that term in section 111 of the Adam 
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).
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