[Congressional Record Volume 143, Number 82 (Thursday, June 12, 1997)]
[Senate]
[Pages S5617-S5620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself and Mr. DeWine):
  S. 900. A bill to provide for sentencing enhancements and amendments 
to the Federal Sentencing Guidelines for offenses relating to the abuse 
and exploitation of children, and for other purposes; to the Committee 
on the Judiciary.


       the child exploitation sentencing enhancement act of 1997

  Mr. FEINGOLD. Mr. President, I rise today to introduce the Child 
Exploitation Sentencing Enhancement Act of 1997. I am pleased to be 
joined in this effort by my friend and colleague from the Senate 
Committee on the Judiciary, Senator DeWine. The legislation we are 
introducing today will increase the criminal penalties for individuals 
who use computers and the Internet to commit crimes of sexual abuse and 
exploitation against children.

[[Page S5618]]

  Just as the miraculous advances in computer technology have opened 
new worlds to many of us, some have chosen to exploit these 
technologies to advance criminal activity. Most troubling are those who 
use computers and the Internet to sexually exploit and abuse children. 
According to the National Center for Missing and Exploited Children, 
which supports this legislation, criminals are increasingly using 
computer telecommunications technology as a means to assist in the 
sexual victimization of young children.
  Mr. President, there can be no doubt that the Internet and advancing 
computer technologies provide each of us with many new and promising 
means of communication. However, when these technologies are used to 
further the criminal sexual exploitation and abuse of children, it is 
essential, in my view, that this conduct be punished more severely. FBI 
Director Louis Freeh recently testified before the Senate 
Appropriations Subcommittee for Commerce, Justice and State and 
highlighted this problem;

       The same marvelous advances in computer and 
     telecommunications technology that allow our children to 
     reach out to new sources of knowledge and cultural 
     experiences are also leaving them unwittingly vulnerable to 
     exploitation and harm by pedophiles and other sexual 
     predators in ways never before possible.

  Mr. President, advances in technology should not be the shield from 
behind which pedophiles and sexual molesters target and prey upon our 
children.
  In responding to this problem, the Feingold-DeWine legislation 
directs the U.S. Sentencing Commission to increase criminal penalties 
for people who intentionally use a computer to entice children into 
illicit sexual conduct. The bill also directs that sentences be 
increased for those criminals who seek out children on the Internet and 
misrepresent their true identity in a knowing effort to gain the trust 
of the child they intend to sexually victimize.
  The provisions in this bill are directed squarely at those molesters 
and sexual predators who go on-line and hang out in computer chat rooms 
targeting unknowing young victims. One distinct and unfortunate 
advantage of the Internet for criminals is that they are able to reach 
a much wider audience of potential victims than they would if physical 
contact were required to initiate their criminal activity. Another 
troubling aspect of this situation is that criminals are provided with 
near fool-proof anonymity while cruising the Internet looking for 
victims. In some cases, victims are enticed or lured to meet with the 
sexual molester. The ability for the criminal to misrepresent their 
true identity and thus gain the confidence of the victim is a 
significant aspect of these crimes. Director Freeh also noted this 
problem recently:

       Pedophiles often seek out young children by either 
     participating in or monitoring activities in chat rooms that 
     are provided by commercial on-line services for teenagers and 
     preteens to converse with each other. These chat rooms also 
     provide pedophiles an anonymous means of establishing 
     relationships with children. Using a chat room, a child can 
     converse for hours with unknown individuals, often without 
     the knowledge or approval of their parents. There is no easy 
     way for the child to know if the person he or she is talking 
     with is, in fact, another 14-year-old, or is a 40-year-old 
     sexual predator masquerading as a peer.

  Clearly, Mr. President, a child molester who stalks children on the 
information superhighway derives benefits that are simply not present 
if direct physical contact is required to target and recruit the 
victim. Director Freeh's testimony also noted that sexual criminals 
also target young victims by posing as children looking for pen pals or 
by posting notices on computer bulletin boards in order to facilitate 
and develop relationships which can in turn provide a victim for the 
predator's illegal sexual activity.
  In addition to increasing sentences for criminal activity involving 
this type of conduct, the legislation expands the pattern of activity 
sentencing enhancement to a wider range of sexual abuse and 
exploitation crimes. In doing so, those criminals who have shown an 
ongoing pattern of sexually exploiting minors will be held accountable 
for their conduct through longer prison sentences. In doing so, the 
criminal is incapacitated for a longer period of time thus reducing the 
potential that they will be set free to victimize again. This 
sentencing enhancement will now be applicable in cases of sexual abuse, 
sexual exploitation, and the coercion and enticement of minors for an 
illegal sexual activity. Additionally, this legislation targets repeat 
offenders by increasing penalties for repeat offenses and by increasing 
maximum penalties available under the Federal criminal code. Finally, 
the legislation authorizes funding to be used to appoint guardian ad 
litem for children who are the victims of, or witnesses to, crimes 
involving abuse or exploitation.
  Mr. President, there can be no doubt that our children are our most 
precious resource. I am the father of teenage children and I, like any 
parent, worry about the health and safety of my children. I encourage 
my children to utilize the Internet and to gain the benefits of these 
amazing new technologies--technologies which simply did not exist a few 
years ago or when I was growing up. During my tenure in this body I 
have been a strong believer in the potential of the Internet and 
sincerely hope that as we move toward the next century that potential 
will be realized. However, in doing so, I am mindful of the dangers 
that always exist when individuals--criminals--exploit a new technology 
to further their illicit criminal activity. The legislation being 
introduced today speaks directly to the small percentage of individuals 
who intentionally misuse the Internet to sexually prey upon children. 
The adoption of this legislation will send a loud and clear message 
that the Congress of the United States will not tolerate the sexual 
exploitation of our young people and that the information superhighway 
will not become a haven for pedophiles and sexual predators.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record as well as a copy of a letter from the National Center for 
Missing and Exploited Children in support of the bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 900

       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 ``Child Exploitation 
     Sentencing Enhancement Act of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the sexual exploitation of children, including the 
     sexual abuse of minors, and illegal sexual activity with 
     minors, poses a significant threat to the health, safety, and 
     well-being of children in the United States;
       (2) there is a compelling governmental interest in 
     preserving the health and safety of children, and the 
     prevention and elimination of the sexual abuse and 
     exploitation of children serves that interest;
       (3) if computers are used to facilitate the sexual abuse or 
     exploitation of children--
       (A) by facilitating the contact, persuasion, inducement, 
     enticement, or coercion of a child in order to exploit or 
     engage in illegal sexual activity with that child, the risk 
     of harm is magnified and more dangerous to children because--
       (i) the use of a computer allows the sexual offender to 
     target and reach a wider range of potential victims than 
     would otherwise be possible if direct physical presence and 
     contact with the child was necessary to initiate and 
     facilitate the crime; and
       (ii) the use of a computer allows the sexual offender to 
     avoid more readily detection by law enforcement officials, as 
     law enforcement officials may lack the resources or training 
     necessary to identify, pursue, and apprehend those 
     individuals who target children for sexual exploitation 
     through the use of computers; and
       (B) the use of a computer allows a sexual offender to avoid 
     revealing, or to knowingly conceal from a potential victim, 
     the actual identity of the offender (including the offender's 
     sex, age, and name) and therefore allows the offender to gain 
     more readily the confidence of an unsuspecting child;
       (4) there is a compelling governmental interest in 
     prohibiting repeated and continuing patterns of child sexual 
     exploitation through extended incarceration for offenders who 
     use computers to facilitate the sexual exploitation of a 
     child or to sexually exploit a child;
       (5) individuals who engage in a repeated and continuing 
     pattern of sexual abuse or exploitation of children over a 
     period of time are particularly harmful to children;
       (6) it is important to pay special attention to the 
     identification of those offenders who show the greatest risk 
     of continuing victimizing of children, so that the offenders 
     may be incapacitated through extended incarceration;

[[Page S5619]]

       (7) consistently, experts in the field of criminal justice 
     find that criminal history, especially a history of sexual 
     offenses, is the most important and accurate predictor of 
     whether an individual might commit a sexual offense in the 
     future;
       (8)(A) the report issued by the United States Sentencing 
     Commission in 1996 entitled ``Sex Offenses Against Children: 
     Findings and Recommendations Regarding Federal Penalties'' 
     contains a review of the cases of all Federal offenders 
     sentenced for offenses of pornography and transportation of 
     minors for illegal sexual activity and criminal sexual abuse;
       (B) in the report, the United States Sentencing Commission 
     found that--
       (i) in approximately 20 percent of the cases reviewed by 
     the United States Sentencing Commission, the defendant had a 
     prior sex-related conviction;
       (ii) 64 percent of the defendants convicted under sexual 
     abuse guidelines who had prior convictions for sexual 
     offenses had committed sexual crimes against children; and
       (iii) for all categories of sexual abuse, the probability 
     that a child was the prior victim of such a defendant was 
     high (ranging from a 50 to 70 percent probability);
       (9) incapacitation through extended incarceration will 
     prevent those offenders who engage in a repeated and 
     continuing pattern of sexual exploitation of children from 
     continuing to commit the heinous sexual offenses against 
     children; and
       (10) the prevention and elimination of the sexual 
     exploitation of children provides a compelling governmental 
     interest in prohibiting repeated and continuing patterns of 
     child sexual exploitation through extended incarceration.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Child; children.--The term ``child'' or ``children'' 
     means a minor or minors of an age specified in the applicable 
     provision of title 18, United States Code, that is subject to 
     review under this Act.
       (2) Minor.--The term ``minor'' means any individual who has 
     not attained the age of 18, except that, with respect to 
     references to section 2243 of title 18, United States Code, 
     the term means an individual described in subsection (a) of 
     that section.

     SEC. 4. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE 
                   SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

       Pursuant to the authority granted to the United States 
     Sentencing Commission under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall--
       (1) review the Federal Sentencing Guidelines on aggravated 
     sexual abuse under section 2241 of title 18, United States 
     Code, sexual abuse under section 2242 of title 18, United 
     States Code, sexual abuse of a minor or ward under section 
     2243 of title 18, United States Code, coercion and enticement 
     of a juvenile under section 2422(b) of title 18, United 
     States Code, and transportation of minors under section 2423 
     of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal Sentencing Guidelines to 
     increase penalties if the defendant used a computer with the 
     intent to persuade, induce, entice, or coerce a child of an 
     age specified in the applicable provision referred to in 
     paragraph (1) to engage in any prohibited sexual activity.

     SEC. 5. INCREASED PENALTIES FOR KNOWING MISREPRESENTATION IN 
                   THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD.

       Pursuant to the authority granted to the United States 
     Sentencing Commission under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall--
       (1) review the Federal Sentencing Guidelines on aggravated 
     sexual abuse under section 2241 of title 18, United States 
     Code, sexual abuse under section 2242 of title 18, United 
     States Code, sexual abuse of a minor or ward under section 
     2243 of title 18, United States Code, coercion and enticement 
     of a juvenile under section 2422(b) of title 18, United 
     States Code, and transportation of minors under section 2423 
     of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal Sentencing Guidelines to 
     increase penalties if the defendant knowingly misrepresented 
     the actual identity of the defendant with the intent to 
     persuade, induce, entice, or coerce a child of an age 
     specified in the applicable provision referred to in 
     paragraph (1) to engage in a prohibited sexual activity.

     SEC. 6. INCREASED PENALTIES FOR PATTERN OF ACTIVITY OF SEXUAL 
                   EXPLOITATION OF CHILDREN.

       Pursuant to the authority granted to the United States 
     Sentencing Commission under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall--
       (1) review the Federal Sentencing Guidelines on criminal 
     sexual abuse, the production of sexually explicit material, 
     the possession of materials depicting a child engaging in 
     sexually explicit conduct, coercion and enticement of minors, 
     and the transportation of minors; and
       (2) upon completion of the review under paragraph (1), 
     promulgate amendments to the Federal Sentencing Guidelines to 
     increase penalties applicable to the offenses referred to in 
     paragraph (1) in any case in which the defendant engaged in a 
     pattern of activity involving the sexual abuse or 
     exploitation of a minor.

     SEC. 7. REPEAT OFFENDERS; INCREASED MAXIMUM PENALTIES FOR 
                   TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND 
                   RELATED CRIMES.

       (a) Repeat Offenders.--
       (1) Chapter 117.--
       (A) In general.--Chapter 117 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2425. Repeat offenders

       ``(a) In General.--Any person described in this subsection 
     shall be subject to the punishment under subsection (b). A 
     person described in this subsection is a person who violates 
     a provision of this chapter, after one or more prior 
     convictions--
       ``(1) for an offense punishable under this chapter or 
     chapter 109A or 110; or
       ``(2) under any applicable law of a State relating to 
     conduct punishable under this chapter or chapter 109A or 110.
       ``(b) Punishment.--A violation of a provision of this 
     chapter by a person described in subsection (a) is punishable 
     by a term of imprisonment of a period not to exceed twice the 
     period that would otherwise apply under this chapter.''.
       (B) Conforming amendment.--The chapter analysis for chapter 
     117 of title 18, United States Code, is amended by adding at 
     the end the following:

``2425. Repeat offenders.''.

       (2) Chapter 109a.--Section 2247 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2247. Repeat offenders

       ``(a) In General.--Any person described in this subsection 
     shall be subject to the punishment under subsection (b). A 
     person described in this subsection is a person who violates 
     a provision of this chapter, after one or more prior 
     convictions--
       ``(1) for an offense punishable under this chapter or 
     chapter 110 or 117; or
       ``(2) under any applicable law of a State relating to 
     conduct punishable under this chapter, or chapter 110 or 117.
       ``(b) Punishment.--A violation of a provision of this 
     chapter by a person described in subsection (a) is punishable 
     by a term of imprisonment of a period not to exceed twice the 
     period that would otherwise apply under this chapter.''.
       (b) Increased Maximum Penalties for Transportation for 
     Illegal Sexual Activity and Related Crimes.--
       (1) Transportation generally.--Section 2421 of title 18, 
     United States Code, is amended by striking ``five'' and 
     inserting ``10''.
       (2) Coercion and enticement of minors.--Section 2422 of 
     title 18, United States Code, is amended--
       (A) in subsection (a), by striking ``five'' and inserting 
     ``10''; and
       (B) in subsection (b), by striking ``10'' and inserting 
     ``15''.
       (3) Transportation of minors.--Section 2423 of title 18, 
     United States Code, is amended--
       (A) in subsection (a), by striking ``ten'' and inserting 
     ``15''; and
       (B) in subsection (b), by striking ``10'' and inserting 
     ``15''.
       (c) Amendment of Sentencing Guidelines.--Pursuant to the 
     authority granted to the United States Sentencing Commission 
     under section 994(p) of title 28, United States Code, the 
     United States Sentencing Commission shall--
       (1) review the Federal Sentencing Guidelines relating to 
     chapter 117 of title 18, United States Code; and
       (2) upon completion of the review under paragraph (1), 
     promulgate such amendments to the Federal Sentencing 
     Guidelines as are necessary to provide for the amendments 
     made by this section.

     SEC. 8. CLARIFICATION OF DEFINITION OF DISTRIBUTION OF 
                   PORNOGRAPHY.

       Pursuant to the authority granted to the United States 
     Sentencing Commission under section 994(p) of title 28, 
     United States Code, the United States Sentencing Commission 
     shall--
       (1) review the Federal Sentencing Guidelines relating to 
     the distribution of pornography covered under chapter 110 of 
     title 18, United States Code, relating to the sexual 
     exploitation and other abuse of children; and
       (2) upon completion of the review under paragraph (1), 
     promulgate such amendments to the Federal Sentencing 
     Guidelines as are necessary to clarify that the term 
     ``distribution of pornography'' applies to the distribution 
     of pornography--
       (A) for monetary remuneration; or
       (B) for a nonpecuniary interest.

     SEC. 9. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

       In carrying out this Act, the United States Sentencing 
     Commission shall--
       (1) with respect to any action relating to the Federal 
     Sentencing Guidelines subject to this Act, ensure reasonable 
     consistency with other guidelines of the Federal Sentencing 
     Guidelines; and
       (2) with respect to an offense subject to the Federal 
     Sentencing Guidelines, avoid duplicative punishment under the 
     guidelines for substantially the same offense.

     SEC. 10. AUTHORIZATION FOR GUARDIANS AD LITEM.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice, for the 
     purpose specified in subsection (b), such sums as may

[[Page S5620]]

     be necessary for each of fiscal years 1998 through 2001.
       (b) Purpose.--The purpose specified in this subsection is 
     the procurement, in accordance with section 3509(h) of title 
     18, United States Code, of the services of individuals with 
     sufficient professional training, experience, and familiarity 
     with the criminal justice system, social service programs, 
     and child abuse issues to serve as guardians ad litem for 
     children who are the victims of, or witnesses to, a crime 
     involving abuse or exploitation.

     SEC. 11. APPLICABILITY.

       This Act and the amendments made by this Act shall apply to 
     any action that commences on or after the date of enactment 
     of this Act.
                                  ____

                                               National Center for


                               Missing and Exploited Children,

                                       Arlington, VA, May 2, 1997.
     Hon. Russell D. Feingold,
     Senate Judiciary Committee, Subcommittee on the Constitution, 
         Federalism and Property Rights, Washington, DC.
       Dear Senator Feingold: I am writing on behalf of the 
     National Center for Missing and Exploited Children to 
     formally express our support for your leadership in 
     addressing child sexual exploitation using the Internet. The 
     legislation you have proposed will go far to strengthen 
     penalties for offenders and provide justice for child 
     victims.
       This bill will strengthen federal penalties for those 
     individuals who prey sexually on children and will assure 
     that the enhanced penalties will apply across the board, so 
     offenders don't slip through the cracks of the system and 
     serve one short sentence after another. This piece of 
     legislation will also accomplish the important goal of 
     providing authorization for the appropriation of federal 
     funds to the guardian ad litem program. This program permits 
     judges to appoint court guardians to a child victim or 
     witness, to insure that the child's interests and concerns 
     are considered. Unfortunately, the program is rarely 
     utilized, due solely to a lack of funding. This bill would 
     work towards changing that, and providing victimized children 
     with an ally in the courtroom. The components of this 
     legislation are well-researched, comprehensive, and narrowly 
     focused to achieve its specific and laudable aims.
       The National Center for Missing and Exploited Children 
     spearheads nationwide efforts to locate and recover missing 
     children, and raise public awareness about ways to prevent 
     child abduction, molestation and sexual exploitation. As you 
     continue your work in support of children and others 
     victimized by criminal offenders, please do not hesitate to 
     contact us if we can be of assistance in any way.
       Again, we strongly commend your efforts, and urge other 
     members of the U.S. Senate and Senate Judiciary Committee to 
     join you. Thank you again for your dedication to the 
     interests of America's criminal victims, and feel free to 
     contact me in the future.
           Sincerely,
                                                      Ernie Allen,
                                                    President/CEO.
                                 ______