[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9047 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9047

To amend title 18, United States Code, to modify provisions relating to 
 kidnapping, sexual abuse, and illicit sexual conduct with respect to 
                                minors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2024

  Mr. Nehls (for himself and Ms. Dean of Pennsylvania) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to modify provisions relating to 
 kidnapping, sexual abuse, and illicit sexual conduct with respect to 
                                minors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. KIDNAPPING; SEXUAL ABUSE; ILLICIT SEXUAL CONDUCT WITH 
              RESPECT TO MINORS.

    (a) In General.--Part I of title 18, United States Code, is 
amended--
            (1) in section 1201--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``obtains by defrauding or 
                deceiving any person,'' after ``abducts,'';
                    (B) in subsection (b), by inserting ``obtained by 
                defrauding or deceiving any person,'' after 
                ``abducted,''; and
                    (C) in subsection (g), by adding at the end the 
                following:
            ``(2) Defense.--For an offense described in this subsection 
        involving a victim who has not attained the age of 16 years, it 
        is not a defense that the victim consented to the conduct of 
        the offender, unless the offender can establish by a 
        preponderance of the evidence that the offender reasonably 
        believed that the victim had attained the age of 16 years.'';
            (2) in chapter 109A--
                    (A) in section 2241(c), by striking ``crosses a 
                State line'' and inserting ``travels in interstate or 
                foreign commerce'';
                    (B) in section 2242(3), by striking ``, to include 
                doing so'' and inserting ``or'';
                    (C) in section 2243, by adding at the end the 
                following:
    ``(f) Intentional Touching Involving Individuals Under the Age of 
16.--
            ``(1) Offense.--It shall be unlawful, in the special 
        maritime and territorial jurisdiction of the United States or 
        in a Federal prison, or in any prison, institution, or facility 
        in which persons are held in custody by direction of or 
        pursuant to a contract or agreement with the head of any 
        Federal department or agency, to knowingly cause the 
        intentional touching, not through the clothing, of the 
        genitalia of any person by a person who has not attained the 
        age of 16 years, with an intent to abuse, humiliate, harass, 
        degrade, or arouse or gratify the sexual desire of any person, 
        or attempt to do so, if to do so would violate subsection (a), 
        (b), or (c) of this section, section 2241, or section 2242 had 
        such intentional touching been a sexual act.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under this title, imprisoned as provided in the 
        applicable provision of law described in that paragraph, or 
        both.''; and
                    (D) in section 2244--
                            (i) in subsection (a)--
                                    (I) by redesignating paragraphs (1) 
                                through (6) as subparagraphs (A) 
                                through (F), respectively, and 
                                adjusting the margins accordingly;
                                    (II) by striking ``Whoever'' and 
                                inserting the following:
            ``(1) In general.--Whoever'';
                                    (III) in paragraph (1), as so 
                                designated--
                                            (aa) in the matter 
                                        preceding subparagraph (A), as 
                                        so redesignated, by striking 
                                        ``if so to do'' and inserting 
                                        ``if to do so'';
                                            (bb) in subparagraph (A), 
                                        as so redesignated, by striking 
                                        ``ten'' and inserting ``10'';
                                            (cc) in subparagraph (B), 
                                        as so redesignated, by striking 
                                        ``three'' and inserting ``3'';
                                            (dd) in subparagraph (C), 
                                        as so redesignated, by striking 
                                        ``two'' and inserting ``2'';
                                            (ee) in subparagraph (D), 
                                        as so redesignated, by striking 
                                        ``two'' and inserting ``2''; 
                                        and
                                            (ff) in subparagraph (F), 
                                        as so redesignated, by striking 
                                        the semicolon at the end and 
                                        inserting a period; and
                                    (IV) by adding at the end the 
                                following:
            ``(2) Attempt.--Whoever attempts to commit an offense under 
        paragraph (1) shall be subject to the same penalty as for a 
        completed offense.'';
                            (ii) in subsection (b)--
                                    (I) by inserting ``or causes'' 
                                after ``engages in'';
                                    (II) by inserting ``or by'' after 
                                ``sexual contact with'';
                                    (III) by inserting ``, or attempts 
                                to do so,'' after ``other person's 
                                permission''; and
                                    (IV) by striking ``two'' and 
                                inserting ``2''; and
                            (iii) in subsection (c), by striking ``If 
                        the sexual contact that violates this section 
                        (other than subsection (a)(5)) is with an 
                        individual'' and inserting ``If the sexual 
                        contact or attempted sexual contact that a 
                        person engages in or causes in violation of 
                        this section (other than subsection (a)(1)(E)) 
                        is with or by an individual''; and
            (3) in section 2423(f)(1)--
                    (A) by striking ``a sexual act (as defined in 
                section 2246) with'' and inserting ``any conduct 
                involving''; and
                    (B) by striking ``sexual act occurred'' and 
                inserting ``conduct occurred''.
    (b) Effective Date.--The amendment to section 2241(c) of title 18, 
United States Code, made by subsection (a) shall apply to conduct that 
occurred before, on, or after the date of enactment of this Act.

SEC. 2. CONFORMING AMENDMENTS RELATING TO ABUSIVE SEXUAL CONTACT.

    (a) Penalties for Civil Rights Offenses Involving Sexual 
Misconduct.--Section 250(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (2), by striking ``section 2244(a)(5),'' 
        and inserting ``section 2244(a)(1)(E), or an attempt to engage 
        in or cause such contact as prohibited by section 
        2244(a)(2),'';
            (2) in paragraph (4), in the matter preceding subparagraph 
        (A), by striking ``subsection (a)(1) or (b) of section 2244, 
        but excluding abusive sexual contact through the clothing'' and 
        inserting ``section 2244(a)(1)(A), an attempt to engage in or 
        cause such contact as prohibited by section 2244(a)(2), or 
        abusive sexual contact of the type prohibited by section 
        2244(b), but excluding abusive sexual contact through the 
        clothing or an attempt to engage in or cause such contact'';
            (3) in paragraph (5), in the matter preceding subparagraph 
        (A), by striking ``section 2244(a)(2)'' and inserting ``section 
        2244(a)(1)(B) or an attempt to engage in or cause such contact 
        as prohibited by section 2244(a)(2)''; and
            (4) in paragraph (6), in the matter preceding subparagraph 
        (A), by striking ``subsection (a)(3), (a)(4), or (b) of section 
        2244'' and inserting ``subparagraph (C) or (D) of section 
        2244(a)(1), an attempt to engage in or cause such contact as 
        prohibited by section 2244(a)(2), or abusive sexual contact of 
        the type prohibited by section 2244(b)''.
    (b) Sentencing Classification of Offenses.--Section 3559 of title 
18, United States Code, is amended--
            (1) in subsection (c)(2)(F)(i), by striking ``sections 
        2244(a)(1) and (a)(2)'' and inserting ``subparagraphs (A) and 
        (B) of section 2244(a)(1)''; and
            (2) in subsection (e)(2)(A), by striking ``2244(a)(1)'' and 
        inserting ``2244(a)(1)(A)''.
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