[Congressional Record Volume 141, Number 64 (Thursday, April 6, 1995)]
[Senate]
[Pages S5519-S5520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SEXUAL CRIMES AGAINST CHILDREN PREVENTION ACT OF 1995

  Mr. THOMPSON. Mr. President, I ask unanimous consent that the Senate 
now turn to consideration of H.R. 1240, just received from the House.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The legislative clerk read as follows:

       A bill (H.R. 1240) to combat crime by enhancing the 
     penalties for certain sexual crimes against children.

  There being no objection, the Senate proceeded to consider the bill.
                           amendment no. 595

  Mr. THOMPSON. Mr. President, I send an amendment to the desk on 
behalf of Senators Grassley and Hatch.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Tennessee [Mr. Thompson], for Mr. 
     Grassley, for himself, Mr. Hatch, Mr. Roth, and Mr. Thurmond, 
     proposes an amendment numbered 595.

  The amendment is as follows:

       On page 1, strike all after the 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. THOMPSON. Mr. President, I ask unanimous consent the amendment be 
agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 595) was agreed to.
  [[Page S5520]]
  
  Mr. THOMPSON. Mr. President, I ask unanimous consent the bill be 
deemed read a third time and passed, as amended; the motion to 
reconsider be laid upon the table; and that any statements relating to 
the bill appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (H.R. 1240), as amended, was deemed read the third time 
and passed.

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