[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Pages S5509-S5510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SEXUAL CRIMES AGAINST CHILDREN PREVENTION

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                GRASSLEY (AND OTHERS) AMENDMENT NO. 595

  Mr. THOMPSON (for Mr. Grassley for himself, Mr. Hatch, Mr. Roth, and 
Mr. Thurmond) proposed an amendment to the bill (H.R. 1240) to combat 
crime by enhancing the penalties for certain sexual crimes against 
children; as follows:

       On page 1, strike all after enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sex Crimes Against Children 
     Prevention Act of 1995''.

     SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT INVOLVING THE 
                   SEXUAL EXPLOITATION OF CHILDREN.

       The United States Sentencing Commission shall amend the 
     sentencing guidelines to--
       (1) increase the base offense level for an offense under 
     section 2251 of title 18, United States Code, by at least 2 
     levels; and
       (2) increase the base offense level for an offense under 
     section 2252 of title 18, United States Code, by at least 2 
     levels.

     SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS IN SEXUAL 
                   EXPLOITATION OF CHILDREN.

       The United States Sentencing Commission shall amend the 
     sentencing guidelines to increase the base offense level by 
     at least 2 levels for an offense committed under section 
     2251(c)(1)(A) or 2252(a) of title 18, United States Code, if 
     a computer was used to transmit the notice or advertisement 
     to the intended recipient or to transport or ship the visual 
     depiction.

     SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF CHILDREN 
                   WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL 
                   ACTIVITY.

       The United States Sentencing Commission shall amend the 
     sentencing guidelines to increase the base offense level for 
     an offense under section 2423(a) of title 18, United States 
     Code, by at least 3 levels.

     SEC. 5. TECHNICAL CORRECTION.

       Section 2423(b) of title 18, United States Code, is amended 
     by striking ``2245'' and inserting ``2246''.

     SEC. 6. REPORT BY THE UNITED STATES SENTENCING COMMISSION.

       Not later than 180 days after the date of the enactment of 
     this Act, the United States Sentencing Commission shall 
     submit a report to Congress concerning offenses involving 
     child pornography and other sex offenses against children. 
     The Commission shall include in the report--
       (1) an analysis of the sentences imposed for offenses under 
     sections 2251, 2252, and 2423 of title 18, United States 
     Code, and recommendations regarding any modifications to the 
     sentencing guidelines that may be appropriate with respect to 
     those offenses;
       (2) an analysis of the sentences imposed for offenses under 
     sections 2241, 2242, 2243, and 2244 of title 18, United 
     States Code, in cases in which the victim was under the age 
     of 18 years, and recommendations regarding any modifications 
     to the sentencing guidelines that may be appropriate with 
     respect to those offenses;
       (3) an analysis of the type of substantial assistance that 
     courts have recognized as warranting a downward departure 
     from the sentencing guidelines relating to offenses under 
     section 2251 or 2252 of title 18, United States Code;
       (4) a survey of the recidivism rate for offenders convicted 
     of committing sex crimes against children, an analysis of the 
     impact on recidivism of sexual abuse treatment provided 
     during or after incarceration or both, and an analysis of 
     whether increased penalties would reduce recidivism for those 
     crimes; and
       (5) such other recommendations with respect to the offenses 
     described in this section as the Commission deems 
     appropriate.

  Mr. GRASSLEY. Mr. President, I rise to offer an amendment to H.R. 
1240, the Sexual Crimes Against Children Prevention Act of 1995. H.R. 
1240 seeks to enhance prison time as well as fines for child 
pornographers who use computers to trade in child pornography. I 
believe that this penalty enhancement is an important measure and the 
Grassley-Hatch-Thurmond amendment merely clarifies what the House 
intended to do in order to remove any possible confusion in the future.
  Computers are now the preferred business forum for child 
pornographers. Due to modern technology, predatory pedophiles sell, 
purchase and swap the most vile depictions of children engaged in the 
most outrageous types of sexual conduct.
  Simply put, child pornography on computers is dangerous and must be 
stopped. In the past, whenever, State or Federal law enforcement agents 
arrested a child pornographer, or ring of child pornographers, they 
seized and then destroyed the child pornography. This kept child 
pornography out of the hands of child molesters and preserved the 
privacy of the children who had been so callously exploited. But now, 
because of digital computer technology, it is nearly impossible to 
actually destroy child pornography. That means there will be more child 
pornography for child molesters and less privacy for abused children. 
We in Congress must do something.
  H.R. 1240 and the Grassley-Hatch-Thurmond amendment would discourage 
child pornographers from using computers to trade in child pornography. 
And when the U.S. Sentencing Commission reports to us this fall on how 
computer child pornographers are being punished, I will take a close 
look to see if there is anything the Senate can do to provide even more 
protection to children.
  Mr. HATCH. Mr. President, I am pleased to join with Senators Grassley 
and Thurmond in offering the Sex Crimes Against Children Prevention Act 
of 1995.
  Obsecenity is a plague upon the moral fabric of this great Nation. It 
poisons the minds and spirits of our youth and fuels the growth of 
organized crime. Child pornography, a particularly pernicious evil, is 
something that no civilized society can tolerate.
  To this end, I am introducing legislation to increase the penalties 
imposed under sections 2251 and 2252 of title 18 of the United States 
Code, upon those who exploit and degrade the weakest and most helpless 
members of our society, our children. Those persons who choose to 
engage in sexual exploitation of children, whether to satisfy prurient 
desire or to gain filthy lucre, must be made to feel the full weight of 
the law and suffer a punishment commensurate with the seriousness of 
their offense.
  In addition to increasing the penalties for distributing child 
pornography or otherwise sexually exploiting children, I am pleased to 
note that this legislation helps our law enforcement efforts in this 
area keep pace with changing technology by increasing the penalties for 
the use of computers in connection with the distribution of 
[[Page S5510]] child pornography. As an ever-increasing percentage of 
Americans, and especially our young people, enter the information 
superhighway, it is critical that we act to ensure that this highway is 
not littered with the debris of child pornography.
  The bill also directs the Sentencing Commission to assess the impact 
of these increased penalties and to report to Congress any necessary 
modifications in the law. The Sentencing Commission will also be 
required to survey the recidivism rates for those who commit sex crimes 
against children and analyze the effect of treatment for those 
offenders.
  I commend my colleagues from Iowa, Senator Grassley, and South 
Carolina, Senator Thurmond, for joining me in introducing this bill. I 
urge my colleagues to support this important legislation.


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