[House Report 115-140]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                    {       115-140

======================================================================



 
              STRENGTHENING CHILDREN'S SAFETY ACT OF 2017

                                _______
                                

  May 22, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1842]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1842) to amend title 18, United States Code, to 
include State crimes of violence as grounds for an enhanced 
penalty when sex offenders fail to register or report certain 
information as required by Federal law, to include prior 
military offenses for purposes of recidivist sentencing 
provisions, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Performance Goals and Objectives.................................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     7
Dissenting Views.................................................    22

                          Purpose and Summary

    The Strengthening Children's Safety Act of 2017, H.R. 1842, 
closes loopholes in the child exploitation statutes to ensure 
enhanced penalties apply equally to all dangerous sex 
offenders. It amends the Sex Offender Registration and 
Notification Act (SORNA) so that those offenders who fail to 
update and verify their whereabouts, and who have committed and 
been convicted of violence crimes at the state level, face 
higher penalties for their failure to register offenses--just 
as those offenders who have been convicted of federal crimes of 
violence must face. It also makes changes throughout Chapters 
109A and 110 to add certain military convictions, which 
encompass conduct covered by Federal statutes, to recidivist 
provisions.

                Background and Need for the Legislation

    H.R. 1842 makes two changes to Federal law. First, H.R. 
1842 amends 18 U.S.C. Sec. 2250, the criminal provision of 
SORNA. Section 2250 provides that a sex offender who knowingly 
fails to register or update a registration as required by 
SORNA, or knowingly fails to provide information required by 
SORNA relating to intended travel in foreign commerce, may face 
a fine and imprisonment of up to ten years. Subsection (d) of 
this statute provides for an enhanced penalty of five to 30 
years' imprisonment, to be served consecutively if the offender 
committed a crime of violence under federal law, the Uniform 
Code of Military Justice (UCMJ), the law of the District of 
Columbia, Indian tribal law, or the law of any territory or 
possession of the United States. However, the statute, 
inexplicably, does not reference sex offenders required to 
register under SORNA because of a conviction under state law. 
H.R. 1842 adds a reference to state crimes of violence in the 
list in the statute. This is a common-sense change to ensure 
the enhanced penalty applies to all dangerous offenders.
    Second, the sentencing provisions in the Federal child 
exploitation laws consistently call for higher sentences when a 
defendant has a prior conviction for federal or state sex 
offenses. For example, 18 U.S.C. Sec. 2252(b) imposes an 
enhanced sentence if a defendant has a prior conviction for a 
variety of offenses, including those ``under [chapter 110], 
section 1591, chapter 71, chapter 109A, chapter 117, or under 
section 920 of title 10 (Article 120 of the Uniform Code of 
Military Justice), or under the laws of any State relating to 
aggravated sexual abuse, sexual abuse, or abusive sexual 
conduct involving a minor or ward.'' Although the statute does 
contain a reference to Article 120 of the UCMJ, the sentencing 
provisions for federal child exploitation crimes do not 
consistently include all relevant sex offense convictions that 
arise under the UCMJ. That is because, with respect to military 
convictions, there are two relevant articles. Article 120b of 
the UCMJ does include several sex offenses that closely 
parallel the sex offenses described in Chapter 109A. However, 
child pornography-related offenses fall under Article 134, 
which prohibits any conduct that is prejudicial to good order 
and discipline or can be assimilated from valid state or 
Federal law.
    Some child exploitation sentencing provisions omit any 
reference to Article 134 offenses, even though comparable 
convictions under Federal and state law are referenced in the 
statute. This means that someone who has a military conviction 
under Article 134 for a child pornography-related offense would 
not receive a higher sentence, but a defendant with a prior 
conviction for identical conduct under Federal or state law 
would receive the higher penalty. Other child exploitation 
sentencing provisions do not refer to military sex offense 
convictions at all. H.R. 1842 would amend sections 2241, 2426, 
and 3559, and the offenses in Chapter 110, to appropriately 
subject all child sexual exploitation offenses under the UCMJ 
to the recidivist provisions that exist under current law.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
1842, but held a hearing on the subject of child exploitation 
generally on March 16, 2017.

                        Committee Consideration

    On April 5, 2017, the Committee met in open session and 
ordered the bill, H.R. 1842, favorably reported, without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 1842.
    1. An Amendment, offered by Mr. Conyers to eliminate the 
mandatory minimum enhancements under current law for those who 
fail to register as a sex offender who are subject to the 
enhancement having been convicted of a state crime of violence, 
and for individuals convicted for certain violations of the 
Uniform Code of Military Justice. The amendment was defeated by 
a roll-call vote of 6 to 16.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................              X
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................
Ms. Jayapal (WA)...............................      X
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................      6      16
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1842, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 22, 2017.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1842, the 
Strengthening Children's Safety Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese, 
who can be reached at 226-2860.
            Sincerely,
                                                        Keith Hall.
Enclosure
        cc: Honorable John Conyers, Jr.
           Ranking Member




         H.R. 1842--Strengthening Children's Safety Act of 2017


As ordered reported by the House Committee on the Judiciary on April 5, 
                                  2017




    H.R. 1842 would amend federal criminal law to broaden the 
scope of certain criminal fines and minimum prison sentences 
for individuals who have committed criminal offenses against 
minors.
    Under the bill, more people may be convicted of such 
offenses, which could increase the number of federally 
incarcerated people. Based on an analysis of information 
provided by the Administrative Office of the U.S. Courts and 
the U.S. Sentencing Commission, CBO estimates that the costs of 
incarcerating and monitoring the probation of any additional 
people pursuant to the bill would have no significant effect on 
the federal budget in any year.
    Enacting H.R. 1842 could increase the number of criminal 
fines collected from people convicted of offenses against 
children. Criminal fines are recorded as revenues, deposited in 
the Crime Victims Fund, and later spent without further 
appropriation action. Because enacting H.R. 1842 could affect 
revenues and associated direct spending, pay-as-you-go 
procedures apply. However, CBO expects that any additional 
revenues and subsequent direct spending would not be 
significant because the legislation would probably affect only 
a small number of cases. The bill's net effect on the deficit 
would be negligible.
    Enacting H.R. 1842 would not increase net direct spending 
or on-budget deficits in any of the four consecutive 10-year 
periods beginning in 2028.
    H.R. 1842 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and any 
costs incurred to governments to comply with the Sex Offender 
Registration and Notification Act would result from 
participation in a federal program.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 1842 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1842 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1842 closes loopholes in child exploitation laws to ensure that 
all individuals with relevant prior convictions are subject to 
the enhanced penalties under current law for recidivist sex 
offenders.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1842 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    Section 1. Short Title. This section cites the short title 
of the bill as the ``Strengthening Children's Safety Act of 
2017.''
    Section 2. Failure of Sex Offenders to Register. Title 18, 
Sec. 2250, is the criminal provision of the Sex Offender 
Registration and Notification Act (SORNA). It provides that a 
sex offender who, under circumstances supporting federal 
jurisdiction, knowingly fails to register or update a 
registration as required by SORNA or knowingly fails to provide 
information required by SORNA relating to intended travel in 
foreign commerce, may face a fine and imprisonment of up to ten 
years. Subsection (d) of this statute provides for an enhanced 
penalty of five to 30 years' imprisonment to be served 
consecutively if the offender committed a crime of violence 
under Federal law, the Uniform Code of Military Justice, the 
law of the District of Columbia, Indian tribal law, or the law 
of any territory or possession of the United States while in 
non-compliant status. This section adds language referencing 
state crimes of violence to apply the enhanced penalty equally 
to all dangerous offenders.
    Section 3. Prior Military Offenses Included for Purposes of 
Military Sentencing Provisions. The sentencing provisions in 
the Federal child exploitation laws consistently call for 
higher sentences when a defendant has a prior conviction for 
Federal or state sex offenses; however, the sentencing 
provisions for Federal child exploitation crimes do not 
consistently include all relevant sex offense convictions that 
arise under the Uniform Code of Military Justice (UCMJ). With 
respect to military convictions, there are two relevant 
articles. Article 120b of the UCMJ includes several sex 
offenses that closely parallel the sex offenses described in 
Chapter 109A. However, child pornography-related offenses fall 
under Article 134, which is a general provision that prohibits 
any conduct that is prejudicial to good order and discipline or 
can be assimilated from valid state or federal law. This 
section amends sections 2241, 2426, and 3559, and the offenses 
in Chapter 110 to include all child sexual exploitation 
offenses under the UCMJ in the recidivist provisions as 
appropriate.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *



Sec. 2241. Aggravated sexual abuse

  (a) By Force or Threat.--Whoever, 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, knowingly causes another person to engage in a 
sexual act--
          (1) by using force against that other person; or
          (2) by threatening or placing that other person in 
        fear that any person will be subjected to death, 
        serious bodily injury, or kidnapping;
or attempts to do so, shall be fined under this title, 
imprisoned for any term of years or life, or both.
  (b) By Other Means.--Whoever, 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, knowingly--
          (1) renders another person unconscious and thereby 
        engages in a sexual act with that other person; or
          (2) administers to another person by force or threat 
        of force, or without the knowledge or permission of 
        that person, a drug, intoxicant, or other similar 
        substance and thereby--
                  (A) substantially impairs the ability of that 
                other person to appraise or control conduct; 
                and
                  (B) engages in a sexual act with that other 
                person;
or attempts to do so, shall be fined under this title, 
imprisoned for any term of years or life, or both.
  (c) With Children.--Whoever crosses a State line with intent 
to engage in a sexual act with a person who has not attained 
the age of 12 years, or 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, 
knowingly engages in a sexual act with another person who has 
not attained the age of 12 years, or knowingly engages in a 
sexual act under the circumstances described in subsections (a) 
and (b) with another person who has attained the age of 12 
years but has not attained the age of 16 years (and is at least 
4 years younger than the person so engaging), or attempts to do 
so, shall be fined under this title and imprisoned for not less 
than 30 years or for life. If the defendant has previously been 
convicted of another Federal offense under this subsection, or 
of a State offense or an offense under the Uniform Code of 
Military Justice that would have been an offense under either 
such provision had the offense occurred in a Federal prison, 
unless the death penalty is imposed, the defendant shall be 
sentenced to life in prison.
  (d) State of Mind Proof Requirement.--In a prosecution under 
subsection (c) of this section, the Government need not prove 
that the defendant knew that the other person engaging in the 
sexual act had not attained the age of 12 years.

           *       *       *       *       *       *       *


CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY

           *       *       *       *       *       *       *



Sec. 2250. Failure to register

  (a) In General.--Whoever--
          (1) is required to register under the Sex Offender 
        Registration and Notification Act;
          (2)(A) is a sex offender as defined for the purposes 
        of the Sex Offender Registration and Notification Act 
        by reason of a conviction under Federal law (including 
        the Uniform Code of Military Justice), the law of the 
        District of Columbia, Indian tribal law, or the law of 
        any territory or possession of the United States; or
          (B) travels in interstate or foreign commerce, or 
        enters or leaves, or resides in, Indian country; and
          (3) knowingly fails to register or update a 
        registration as required by the Sex Offender 
        Registration and Notification Act;
shall be fined under this title or imprisoned not more than 10 
years, or both.
  (b) International Travel Reporting Violations.--Whoever--
          (1) is required to register under the Sex Offender 
        Registration and Notification Act (42 U.S.C. 16901 et 
        seq.);
          (2) knowingly fails to provide information required 
        by the Sex Offender Registration and Notification Act 
        relating to intended travel in foreign commerce; and
          (3) engages or attempts to engage in the intended 
        travel in foreign commerce;
shall be fined under this title, imprisoned not more than 10 
years, or both.
  (c) Affirmative Defense.--In a prosecution for a violation 
under subsection (a) or (b), it is an affirmative defense 
that--
          (1) uncontrollable circumstances prevented the 
        individual from complying;
          (2) the individual did not contribute to the creation 
        of such circumstances in reckless disregard of the 
        requirement to comply; and
          (3) the individual complied as soon as such 
        circumstances ceased to exist.
  (d) Crime of Violence.--
          (1) In general.--An individual described in 
        subsection (a) or (b) who commits a crime of violence 
        under Federal law (including the Uniform Code of 
        Military Justice), State law, the law of the District 
        of Columbia, Indian tribal law, or the law of any 
        territory or possession of the United States shall be 
        imprisoned for not less than 5 years and not more than 
        30 years.
          (2) Additional punishment.--The punishment provided 
        in paragraph (1) shall be in addition and consecutive 
        to the punishment provided for the violation described 
        in subsection (a) or (b).
          (3) Definition.--In this section, the term ``crime of 
        violence'' has the meaning given such term in section 
        16.

CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

           *       *       *       *       *       *       *



Sec. 2251. Sexual exploitation of children

  (a) Any person who employs, uses, persuades, induces, 
entices, or coerces any minor to engage in, or who has a minor 
assist any other person to engage in, or who transports any 
minor in or affecting interstate or foreign commerce, or in any 
Territory or Possession of the United States, with the intent 
that such minor engage in, any sexually explicit conduct for 
the purpose of producing any visual depiction of such conduct 
or for the purpose of transmitting a live visual depiction of 
such conduct, shall be punished as provided under subsection 
(e), if such person knows or has reason to know that such 
visual depiction will be transported or transmitted using any 
means or facility of interstate or foreign commerce or in or 
affecting interstate or foreign commerce or mailed, if that 
visual depiction was produced or transmitted using materials 
that have been mailed, shipped, or transported in or affecting 
interstate or foreign commerce by any means, including by 
computer, or if such visual depiction has actually been 
transported or transmitted using any means or facility of 
interstate or foreign commerce or in or affecting interstate or 
foreign commerce or mailed.
  (b) Any parent, legal guardian, or person having custody or 
control of a minor who knowingly permits such minor to engage 
in, or to assist any other person to engage in, sexually 
explicit conduct for the purpose of producing any visual 
depiction of such conduct or for the purpose of transmitting a 
live visual depiction of such conduct shall be punished as 
provided under subsection (e) of this section, if such parent, 
legal guardian, or person knows or has reason to know that such 
visual depiction will be transported or transmitted using any 
means or facility of interstate or foreign commerce or in or 
affecting interstate or foreign commerce or mailed, if that 
visual depiction was produced or transmitted using materials 
that have been mailed, shipped, or transported in or affecting 
interstate or foreign commerce by any means, including by 
computer, or if such visual depiction has actually been 
transported or transmitted using any means or facility of 
interstate or foreign commerce or in or affecting interstate or 
foreign commerce or mailed.
  (c)(1) Any person who, in a circumstance described in 
paragraph (2), employs, uses, persuades, induces, entices, or 
coerces any minor to engage in, or who has a minor assist any 
other person to engage in, any sexually explicit conduct 
outside of the United States, its territories or possessions, 
for the purpose of producing any visual depiction of such 
conduct, shall be punished as provided under subsection (e).
  (2) The circumstance referred to in paragraph (1) is that--
          (A) the person intends such visual depiction to be 
        transported to the United States, its territories or 
        possessions, by any means, including by using any means 
        or facility of interstate or foreign commerce or mail; 
        or
          (B) the person transports such visual depiction to 
        the United States, its territories or possessions, by 
        any means, including by using any means or facility of 
        interstate or foreign commerce or mail.
  (d)(1) Any person who, in a circumstance described in 
paragraph (2), knowingly makes, prints, or publishes, or causes 
to be made, printed, or published, any notice or advertisement 
seeking or offering--
          (A) to receive, exchange, buy, produce, display, 
        distribute, or reproduce, any visual depiction, if the 
        production of such visual depiction involves the use of 
        a minor engaging in sexually explicit conduct and such 
        visual depiction is of such conduct; or
          (B) participation in any act of sexually explicit 
        conduct by or with any minor for the purpose of 
        producing a visual depiction of such conduct;
shall be punished as provided under subsection (e).
  (2) The circumstance referred to in paragraph (1) is that--
          (A) such person knows or has reason to know that such 
        notice or advertisement will be transported using any 
        means or facility of interstate or foreign commerce or 
        in or affecting interstate or foreign commerce by any 
        means including by computer or mailed; or
          (B) such notice or advertisement is transported using 
        any means or facility of interstate or foreign commerce 
        or in or affecting interstate or foreign commerce by 
        any means including by computer or mailed.
  (e) Any individual who violates, or attempts or conspires to 
violate, this section shall be fined under this title and 
imprisoned not less than 15 years nor more than 30 years, but 
if such person has one prior conviction under this chapter, 
section 1591, chapter 71, chapter 109A, or chapter 117, or 
under [section 920 of title 10 (article 120 of the Uniform Code 
of Military Justice), or under] the Uniform Code of Military 
Justice or the laws of any State relating to aggravated sexual 
abuse, sexual abuse, abusive sexual contact involving a minor 
or ward, or sex trafficking of children, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than 25 years nor 
more than 50 years, but if such person has 2 or more prior 
convictions under this chapter, chapter 71, chapter 109A, or 
chapter 117, or under [section 920 of title 10 (article 120 of 
the Uniform Code of Military Justice), or under] the Uniform 
Code of Military Justice or the laws of any State relating to 
the sexual exploitation of children, such person shall be fined 
under this title and imprisoned not less than 35 years nor more 
than life. Any organization that violates, or attempts or 
conspires to violate, this section shall be fined under this 
title. Whoever, in the course of an offense under this section, 
engages in conduct that results in the death of a person, shall 
be punished by death or imprisoned for not less than 30 years 
or for life.

           *       *       *       *       *       *       *


Sec. 2252. Certain activities relating to material involving the sexual 
                    exploitation of minors

  (a) Any person who--
          (1) knowingly transports or ships using any means or 
        facility of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce by any means 
        including by computer or mails, any visual depiction, 
        if--
                  (A) the producing of such visual depiction 
                involves the use of a minor engaging in 
                sexually explicit conduct; and
                  (B) such visual depiction is of such conduct;
          (2) knowingly receives, or distributes, any visual 
        depiction using any means or facility of interstate or 
        foreign commerce or that has been mailed, or has been 
        shipped or transported in or affecting interstate or 
        foreign commerce, or which contains materials which 
        have been mailed or so shipped or transported, by any 
        means including by computer, or knowingly reproduces 
        any visual depiction for distribution using any means 
        or facility of interstate or foreign commerce or in or 
        affecting interstate or foreign commerce or through the 
        mails, if--
                  (A) the producing of such visual depiction 
                involves the use of a minor engaging in 
                sexually explicit conduct; and
                  (B) such visual depiction is of such conduct;
          (3) either--
                  (A) in the special maritime and territorial 
                jurisdiction of the United States, or on any 
                land or building owned by, leased to, or 
                otherwise used by or under the control of the 
                Government of the United States, or in the 
                Indian country as defined in section 1151 of 
                this title, knowingly sells or possesses with 
                intent to sell any visual depiction; or
                  (B) knowingly sells or possesses with intent 
                to sell any visual depiction that has been 
                mailed, shipped, or transported using any means 
                or facility of interstate or foreign commerce, 
                or has been shipped or transported in or 
                affecting interstate or foreign commerce, or 
                which was produced using materials which have 
                been mailed or so shipped or transported using 
                any means or facility of interstate or foreign 
                commerce, including by computer, if--
                          (i) the producing of such visual 
                        depiction involves the use of a minor 
                        engaging in sexually explicit conduct; 
                        and
                          (ii) such visual depiction is of such 
                        conduct; or
          (4) either--
                  (A) in the special maritime and territorial 
                jurisdiction of the United States, or on any 
                land or building owned by, leased to, or 
                otherwise used by or under the control of the 
                Government of the United States, or in the 
                Indian country as defined in section 1151 of 
                this title, knowingly possesses, or knowingly 
                accesses with intent to view, 1 or more books, 
                magazines, periodicals, films, video tapes, or 
                other matter which contain any visual 
                depiction; or
                  (B) knowingly possesses, or knowingly 
                accesses with intent to view, 1 or more books, 
                magazines, periodicals, films, video tapes, or 
                other matter which contain any visual depiction 
                that has been mailed, or has been shipped or 
                transported using any means or facility of 
                interstate or foreign commerce or in or 
                affecting interstate or foreign commerce, or 
                which was produced using materials which have 
                been mailed or so shipped or transported, by 
                any means including by computer, if--
                          (i) the producing of such visual 
                        depiction involves the use of a minor 
                        engaging in sexually explicit conduct; 
                        and
                          (ii) such visual depiction is of such 
                        conduct;
shall be punished as provided in subsection (b) of this 
section.
  (b)(1) Whoever violates, or attempts or conspires to violate, 
paragraph (1), (2), or (3) of subsection (a) shall be fined 
under this title and imprisoned not less than 5 years and not 
more than 20 years, but if such person has a prior conviction 
under this chapter, section 1591, chapter 71, chapter 109A, or 
chapter 117, or under [section 920 of title 10 (article 120 of 
the Uniform Code of Military Justice), or under] the Uniform 
Code of Military Justice or the laws of any State relating to 
aggravated sexual abuse, sexual abuse, or abusive sexual 
conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, or sex trafficking of 
children, such person shall be fined under this title and 
imprisoned for not less than 15 years nor more than 40 years.
  (2) Whoever violates, or attempts or conspires to violate, 
paragraph (4) of subsection (a) shall be fined under this title 
or imprisoned not more than 10 years, or both, but if any 
visual depiction involved in the offense involved a 
prepubescent minor or a minor who had not attained 12 years of 
age, such person shall be fined under this title and imprisoned 
for not more than 20 years, or if such person has a prior 
conviction under this chapter, chapter 71, chapter 109A, or 
chapter 117, or under [section 920 of title 10 (article 120 of 
the Uniform Code of Military Justice), or under] the Uniform 
Code of Military Justice or the laws of any State relating to 
aggravated sexual abuse, sexual abuse, or abusive sexual 
conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than 10 years nor 
more than 20 years.
  (c) Affirmative Defense.--It shall be an affirmative defense 
to a charge of violating paragraph (4) of subsection (a) that 
the defendant--
          (1) possessed less than three matters containing any 
        visual depiction proscribed by that paragraph; and
          (2) promptly and in good faith, and without retaining 
        or allowing any person, other than a law enforcement 
        agency, to access any visual depiction or copy 
        thereof--
                  (A) took reasonable steps to destroy each 
                such visual depiction; or
                  (B) reported the matter to a law enforcement 
                agency and afforded that agency access to each 
                such visual depiction.

Sec. 2252A. Certain activities relating to material constituting or 
                    containing child pornography

  (a) Any person who--
          (1) knowingly mails, or transports or ships using any 
        means or facility of interstate or foreign commerce or 
        in or affecting interstate or foreign commerce by any 
        means, including by computer, any child pornography;
          (2) knowingly receives or distributes--
                  (A) any child pornography that has been 
                mailed, or using any means or facility of 
                interstate or foreign commerce shipped or 
                transported in or affecting interstate or 
                foreign commerce by any means, including by 
                computer; or
                  (B) any material that contains child 
                pornography that has been mailed, or using any 
                means or facility of interstate or foreign 
                commerce shipped or transported in or affecting 
                interstate or foreign commerce by any means, 
                including by computer;
          (3) knowingly--
                  (A) reproduces any child pornography for 
                distribution through the mails, or using any 
                means or facility of interstate or foreign 
                commerce or in or affecting interstate or 
                foreign commerce by any means, including by 
                computer; or
                  (B) advertises, promotes, presents, 
                distributes, or solicits through the mails, or 
                using any means or facility of interstate or 
                foreign commerce or in or affecting interstate 
                or foreign commerce by any means, including by 
                computer, any material or purported material in 
                a manner that reflects the belief, or that is 
                intended to cause another to believe, that the 
                material or purported material is, or 
                contains--
                          (i) an obscene visual depiction of a 
                        minor engaging in sexually explicit 
                        conduct; or
                          (ii) a visual depiction of an actual 
                        minor engaging in sexually explicit 
                        conduct;
          (4) either--
                  (A) in the special maritime and territorial 
                jurisdiction of the United States, or on any 
                land or building owned by, leased to, or 
                otherwise used by or under the control of the 
                United States Government, or in the Indian 
                country (as defined in section 1151), knowingly 
                sells or possesses with the intent to sell any 
                child pornography; or
                  (B) knowingly sells or possesses with the 
                intent to sell any child pornography that has 
                been mailed, or shipped or transported using 
                any means or facility of interstate or foreign 
                commerce or in or affecting interstate or 
                foreign commerce by any means, including by 
                computer, or that was produced using materials 
                that have been mailed, or shipped or 
                transported in or affecting interstate or 
                foreign commerce by any means, including by 
                computer;
          (5) either--
                  (A) in the special maritime and territorial 
                jurisdiction of the United States, or on any 
                land or building owned by, leased to, or 
                otherwise used by or under the control of the 
                United States Government, or in the Indian 
                country (as defined in section 1151), knowingly 
                possesses, or knowingly accesses with intent to 
                view, any book, magazine, periodical, film, 
                videotape, computer disk, or any other material 
                that contains an image of child pornography; or
                  (B) knowingly possesses, or knowingly 
                accesses with intent to view, any book, 
                magazine, periodical, film, videotape, computer 
                disk, or any other material that contains an 
                image of child pornography that has been 
                mailed, or shipped or transported using any 
                means or facility of interstate or foreign 
                commerce or in or affecting interstate or 
                foreign commerce by any means, including by 
                computer, or that was produced using materials 
                that have been mailed, or shipped or 
                transported in or affecting interstate or 
                foreign commerce by any means, including by 
                computer;
          (6) knowingly distributes, offers, sends, or provides 
        to a minor any visual depiction, including any 
        photograph, film, video, picture, or computer generated 
        image or picture, whether made or produced by 
        electronic, mechanical, or other means, where such 
        visual depiction is, or appears to be, of a minor 
        engaging in sexually explicit conduct--
                  (A) that has been mailed, shipped, or 
                transported using any means or facility of 
                interstate or foreign commerce or in or 
                affecting interstate or foreign commerce by any 
                means, including by computer;
                  (B) that was produced using materials that 
                have been mailed, shipped, or transported in or 
                affecting interstate or foreign commerce by any 
                means, including by computer; or
                  (C) which distribution, offer, sending, or 
                provision is accomplished using the mails or 
                any means or facility of interstate or foreign 
                commerce,
        for purposes of inducing or persuading a minor to 
        participate in any activity that is illegal; or
          (7) knowingly produces with intent to distribute, or 
        distributes, by any means, including a computer, in or 
        affecting interstate or foreign commerce, child 
        pornography that is an adapted or modified depiction of 
        an identifiable minor.
shall be punished as provided in subsection (b).
  (b)(1) Whoever violates, or attempts or conspires to violate, 
paragraph (1), (2), (3), (4), or (6) of subsection (a) shall be 
fined under this title and imprisoned not less than 5 years and 
not more than 20 years, but, if such person has a prior 
conviction under this chapter, section 1591, chapter 71, 
chapter 109A, or chapter 117, or under [section 920 of title 10 
(article 120 of the Uniform Code of Military Justice), or 
under] the Uniform Code of Military Justice or the laws of any 
State relating to aggravated sexual abuse, sexual abuse, or 
abusive sexual conduct involving a minor or ward, or the 
production, possession, receipt, mailing, sale, distribution, 
shipment, or transportation of child pornography, or sex 
trafficking of children, such person shall be fined under this 
title and imprisoned for not less than 15 years nor more than 
40 years.
  (2) Whoever violates, or attempts or conspires to violate, 
subsection (a)(5) shall be fined under this title or imprisoned 
not more than 10 years, or both, but, if any image of child 
pornography involved in the offense involved a prepubescent 
minor or a minor who had not attained 12 years of age, such 
person shall be fined under this title and imprisoned for not 
more than 20 years, or if such person has a prior conviction 
under this chapter, chapter 71, chapter 109A, or chapter 117, 
or under [section 920 of title 10 (article 120 of the Uniform 
Code of Military Justice), or under] the Uniform Code of 
Military Justice or the laws of any State relating to 
aggravated sexual abuse, sexual abuse, or abusive sexual 
conduct involving a minor or ward, or the production, 
possession, receipt, mailing, sale, distribution, shipment, or 
transportation of child pornography, such person shall be fined 
under this title and imprisoned for not less than 10 years nor 
more than 20 years.
  (3) Whoever violates, or attempts or conspires to violate, 
subsection (a)(7) shall be fined under this title or imprisoned 
not more than 15 years, or both.
  (c) It shall be an affirmative defense to a charge of 
violating paragraph (1), (2), (3)(A), (4), or (5) of subsection 
(a) that--
          (1)(A) the alleged child pornography was produced 
        using an actual person or persons engaging in sexually 
        explicit conduct; and
          (B) each such person was an adult at the time the 
        material was produced; or
          (2) the alleged child pornography was not produced 
        using any actual minor or minors.
No affirmative defense under subsection (c)(2) shall be 
available in any prosecution that involves child pornography as 
described in section 2256(8)(C). A defendant may not assert an 
affirmative defense to a charge of violating paragraph (1), 
(2), (3)(A), (4), or (5) of subsection (a) unless, within the 
time provided for filing pretrial motions or at such time prior 
to trial as the judge may direct, but in no event later than 14 
days before the commencement of the trial, the defendant 
provides the court and the United States with notice of the 
intent to assert such defense and the substance of any expert 
or other specialized testimony or evidence upon which the 
defendant intends to rely. If the defendant fails to comply 
with this subsection, the court shall, absent a finding of 
extraordinary circumstances that prevented timely compliance, 
prohibit the defendant from asserting such defense to a charge 
of violating paragraph (1), (2), (3)(A), (4), or (5) of 
subsection (a) or presenting any evidence for which the 
defendant has failed to provide proper and timely notice.
  (d) Affirmative Defense.--It shall be an affirmative defense 
to a charge of violating subsection (a)(5) that the defendant--
          (1) possessed less than three images of child 
        pornography; and
          (2) promptly and in good faith, and without retaining 
        or allowing any person, other than a law enforcement 
        agency, to access any image or copy thereof--
                  (A) took reasonable steps to destroy each 
                such image; or
                  (B) reported the matter to a law enforcement 
                agency and afforded that agency access to each 
                such image.
  (e) Admissibility of Evidence.--On motion of the government, 
in any prosecution under this chapter or section 1466A, except 
for good cause shown, the name, address, social security 
number, or other nonphysical identifying information, other 
than the age or approximate age, of any minor who is depicted 
in any child pornography shall not be admissible and may be 
redacted from any otherwise admissible evidence, and the jury 
shall be instructed, upon request of the United States, that it 
can draw no inference from the absence of such evidence in 
deciding whether the child pornography depicts an actual minor.
  (f) Civil Remedies.--
          (1) In general.--Any person aggrieved by reason of 
        the conduct prohibited under subsection (a) or (b) or 
        section 1466A may commence a civil action for the 
        relief set forth in paragraph (2).
          (2) Relief.--In any action commenced in accordance 
        with paragraph (1), the court may award appropriate 
        relief, including--
                  (A) temporary, preliminary, or permanent 
                injunctive relief;
                  (B) compensatory and punitive damages; and
                  (C) the costs of the civil action and 
                reasonable fees for attorneys and expert 
                witnesses.
  (g) Child Exploitation Enterprises.--
          (1) Whoever engages in a child exploitation 
        enterprise shall be fined under this title and 
        imprisoned for any term of years not less than 20 or 
        for life.
          (2) A person engages in a child exploitation 
        enterprise for the purposes of this section if the 
        person violates section 1591, section 1201 if the 
        victim is a minor, or chapter 109A (involving a minor 
        victim), 110 (except for sections 2257 and 2257A), or 
        117 (involving a minor victim), as a part of a series 
        of felony violations constituting three or more 
        separate incidents and involving more than one victim, 
        and commits those offenses in concert with three or 
        more other persons.

           *       *       *       *       *       *       *


  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
CRIMES

           *       *       *       *       *       *       *



Sec. 2426. Repeat offenders

  (a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior sex 
offense conviction shall be twice the term of imprisonment 
otherwise provided by this chapter, unless section 3559(e) 
applies.
  (b) Definitions.--In this section--
          (1) the term ``prior sex offense conviction'' means a 
        conviction for an offense--
                  (A) under this chapter, chapter 109A, chapter 
                110, or section 1591; or
                  (B) under State law or the Uniform Code of 
                Military Justice for an offense consisting of 
                conduct that would have been an offense under a 
                chapter referred to in paragraph (1) if the 
                conduct had occurred within the special 
                maritime and territorial jurisdiction of the 
                United States; and
          (2) the term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 227--SENTENCES

           *       *       *       *       *       *       *



SUBCHAPTER A--GENERAL PROVISIONS

           *       *       *       *       *       *       *



Sec. 3559. Sentencing classification of offenses

  (a) Classification.--An offense that is not specifically 
classified by a letter grade in the section defining it, is 
classified if the maximum term of imprisonment authorized is--
          (1) life imprisonment, or if the maximum penalty is 
        death, as a Class A felony;
          (2) twenty-five years or more, as a Class B felony;
          (3) less than twenty-five years but ten or more 
        years, as a Class C felony;
          (4) less than ten years but five or more years, as a 
        Class D felony;
          (5) less than five years but more than one year, as a 
        Class E felony;
          (6) one year or less but more than six months, as a 
        Class A misdemeanor;
          (7) six months or less but more than thirty days, as 
        a Class B misdemeanor;
          (8) thirty days or less but more than five days, as a 
        Class C misdemeanor; or
          (9) five days or less, or if no imprisonment is 
        authorized, as an infraction.
  (b) Effect of Classification.--Except as provided in 
subsection (c), an offense classified under subsection (a) 
carries all the incidents assigned to the applicable letter 
designation, except that the maximum term of imprisonment is 
the term authorized by the law describing the offense.
  (c) Imprisonment of Certain Violent Felons.--
          (1) Mandatory life imprisonment.--Notwithstanding any 
        other provision of law, a person who is convicted in a 
        court of the United States of a serious violent felony 
        shall be sentenced to life imprisonment if--
                  (A) the person has been convicted (and those 
                convictions have become final) on separate 
                prior occasions in a court of the United States 
                or of a State of--
                          (i) 2 or more serious violent 
                        felonies; or
                          (ii) one or more serious violent 
                        felonies and one or more serious drug 
                        offenses; and
                  (B) each serious violent felony or serious 
                drug offense used as a basis for sentencing 
                under this subsection, other than the first, 
                was committed after the defendant's conviction 
                of the preceding serious violent felony or 
                serious drug offense.
          (2) Definitions.--For purposes of this subsection--
                  (A) the term ``assault with intent to commit 
                rape'' means an offense that has as its 
                elements engaging in physical contact with 
                another person or using or brandishing a weapon 
                against another person with intent to commit 
                aggravated sexual abuse or sexual abuse (as 
                described in sections 2241 and 2242);
                  (B) the term ``arson'' means an offense that 
                has as its elements maliciously damaging or 
                destroying any building, inhabited structure, 
                vehicle, vessel, or real property by means of 
                fire or an explosive;
                  (C) the term ``extortion'' means an offense 
                that has as its elements the extraction of 
                anything of value from another person by 
                threatening or placing that person in fear of 
                injury to any person or kidnapping of any 
                person;
                  (D) the term ``firearms use'' means an 
                offense that has as its elements those 
                described in section 924(c) or 929(a), if the 
                firearm was brandished, discharged, or 
                otherwise used as a weapon and the crime of 
                violence or drug trafficking crime during and 
                relation to which the firearm was used was 
                subject to prosecution in a court of the United 
                States or a court of a State, or both;
                  (E) the term ``kidnapping'' means an offense 
                that has as its elements the abduction, 
                restraining, confining, or carrying away of 
                another person by force or threat of force;
                  (F) the term ``serious violent felony'' 
                means--
                          (i) a Federal or State offense, by 
                        whatever designation and wherever 
                        committed, consisting of murder (as 
                        described in section 1111); 
                        manslaughter other than involuntary 
                        manslaughter (as described in section 
                        1112); assault with intent to commit 
                        murder (as described in section 
                        113(a)); assault with intent to commit 
                        rape; aggravated sexual abuse and 
                        sexual abuse (as described in sections 
                        2241 and 2242); abusive sexual contact 
                        (as described in sections 2244(a)(1) 
                        and (a)(2)); kidnapping; aircraft 
                        piracy (as described in section 46502 
                        of Title 49); robbery (as described in 
                        section 2111, 2113, or 2118); 
                        carjacking (as described in section 
                        2119); extortion; arson; firearms use; 
                        firearms possession (as described in 
                        section 924(c)); or attempt, 
                        conspiracy, or solicitation to commit 
                        any of the above offenses; and
                          (ii) any other offense punishable by 
                        a maximum term of imprisonment of 10 
                        years or more that has as an element 
                        the use, attempted use, or threatened 
                        use of physical force against the 
                        person of another or that, by its 
                        nature, involves a substantial risk 
                        that physical force against the person 
                        of another may be used in the course of 
                        committing the offense;
                  (G) the term ``State'' means a State of the 
                United States, the District of Columbia, and a 
                commonwealth, territory, or possession of the 
                United States; and
                  (H) the term ``serious drug offense'' means--
                          (i) an offense that is punishable 
                        under section 401(b)(1)(A) or 408 of 
                        the Controlled Substances Act (21 
                        U.S.C. 841(b)(1)(A), 848) or section 
                        1010(b)(1)(A) of the Controlled 
                        Substances Import and Export Act (21 
                        U.S.C. 960(b)(1)(A)); or
                          (ii) an offense under State law that, 
                        had the offense been prosecuted in a 
                        court of the United States, would have 
                        been punishable under section 
                        401(b)(1)(A) or 408 of the Controlled 
                        Substances Act (21 U.S.C. 841(b)(1)(A), 
                        848) or section 1010(b)(1)(A) of the 
                        Controlled Substances Import and Export 
                        Act (21 U.S.C. 960(b)(1)(A)).
          (3) Nonqualifying felonies.--
                  (A) Robbery in certain cases.--Robbery, an 
                attempt, conspiracy, or solicitation to commit 
                robbery; or an offense described in paragraph 
                (2)(F)(ii) shall not serve as a basis for 
                sentencing under this subsection if the 
                defendant establishes by clear and convincing 
                evidence that--
                          (i) no firearm or other dangerous 
                        weapon was used in the offense and no 
                        threat of use of a firearm or other 
                        dangerous weapon was involved in the 
                        offense; and
                          (ii) the offense did not result in 
                        death or serious bodily injury (as 
                        defined in section 1365) to any person.
                  (B) Arson in certain cases.--Arson shall not 
                serve as a basis for sentencing under this 
                subsection if the defendant establishes by 
                clear and convincing evidence that--
                          (i) the offense posed no threat to 
                        human life; and
                          (ii) the defendant reasonably 
                        believed the offense posed no threat to 
                        human life.
          (4) Information filed by United States Attorney.--The 
        provisions of section 411(a) of the Controlled 
        Substances Act (21 U.S.C. 851(a)) shall apply to the 
        imposition of sentence under this subsection.
          (5) Rule of construction.--This subsection shall not 
        be construed to preclude imposition of the death 
        penalty.
          (6) Special provision for Indian country.--No person 
        subject to the criminal jurisdiction of an Indian 
        tribal government shall be subject to this subsection 
        for any offense for which Federal jurisdiction is 
        solely predicated on Indian country (as defined in 
        section 1151) and which occurs within the boundaries of 
        such Indian country unless the governing body of the 
        tribe has elected that this subsection have effect over 
        land and persons subject to the criminal jurisdiction 
        of the tribe.
          (7) Resentencing upon overturning of prior 
        conviction.--If the conviction for a serious violent 
        felony or serious drug offense that was a basis for 
        sentencing under this subsection is found, pursuant to 
        any appropriate State or Federal procedure, to be 
        unconstitutional or is vitiated on the explicit basis 
        of innocence, or if the convicted person is pardoned on 
        the explicit basis of innocence, the person serving a 
        sentence imposed under this subsection shall be 
        resentenced to any sentence that was available at the 
        time of the original sentencing.
  (d) Death or Imprisonment for Crimes Against Children.--
          (1) In general.--Subject to paragraph (2) and 
        notwithstanding any other provision of law, a person 
        who is convicted of a Federal offense that is a serious 
        violent felony (as defined in subsection (c)) or a 
        violation of section 2422, 2423, or 2251 shall, unless 
        the sentence of death is imposed, be sentenced to 
        imprisonment for life, if--
                  (A) the victim of the offense has not 
                attained the age of 14 years;
                  (B) the victim dies as a result of the 
                offense; and
                  (C) the defendant, in the course of the 
                offense, engages in conduct described in 
                section 3591(a)(2).
          (2) Exception.--With respect to a person convicted of 
        a Federal offense described in paragraph (1), the court 
        may impose any lesser sentence that is authorized by 
        law to take into account any substantial assistance 
        provided by the defendant in the investigation or 
        prosecution of another person who has committed an 
        offense, in accordance with the Federal Sentencing 
        Guidelines and the policy statements of the Federal 
        Sentencing Commission pursuant to section 994(p) of 
        title 28, or for other good cause.
  (e) Mandatory Life Imprisonment for Repeated Sex Offenses 
Against Children.--
          (1) In general.--A person who is convicted of a 
        Federal sex offense in which a minor is the victim 
        shall be sentenced to life imprisonment if the person 
        has a prior sex conviction in which a minor was the 
        victim, unless the sentence of death is imposed.
          (2) Definitions.--For the purposes of this 
        subsection--
                  (A) the term ``Federal sex offense'' means an 
                offense under section 1591 (relating to sex 
                trafficking of children), 2241 (relating to 
                aggravated sexual abuse), 2242 (relating to 
                sexual abuse), 2244(a)(1) (relating to abusive 
                sexual contact), 2245 (relating to sexual abuse 
                resulting in death), 2251 (relating to sexual 
                exploitation of children), 2251A (relating to 
                selling or buying of children), 2422(b) 
                (relating to coercion and enticement of a minor 
                into prostitution), or 2423(a) (relating to 
                transportation of minors);
                  (B) the term ``[State sex offense] State or 
                Military sex offense'' means an offense under 
                State law or the Uniform Code of Military 
                Justice that is punishable by more than one 
                year in prison and consists of conduct that 
                would be a Federal sex offense if, to the 
                extent or in the manner specified in the 
                applicable provision of this title--
                          (i) the offense involved interstate 
                        or foreign commerce, or the use of the 
                        mails; or
                          (ii) the conduct occurred in any 
                        commonwealth, territory, or possession 
                        of the United States, within the 
                        special maritime and territorial 
                        jurisdiction of the United States, in a 
                        Federal prison, on any land or building 
                        owned by, leased to, or otherwise used 
                        by or under the control of the 
                        Government of the United States, or in 
                        the Indian country (as defined in 
                        section 1151);
                  (C) the term ``prior sex conviction'' means a 
                conviction for which the sentence was imposed 
                before the conduct occurred constituting the 
                subsequent Federal sex offense, and which was 
                for a Federal sex offense or a State or 
                Military sex offense;
                  (D) the term ``minor'' means an individual 
                who has not attained the age of 17 years; and
                  (E) the term ``State'' has the meaning given 
                that term in subsection (c)(2).
          (3) Nonqualifying Felonies.--An offense described in 
        section 2422(b) or 2423(a) shall not serve as a basis 
        for sentencing under this subsection if the defendant 
        establishes by clear and convincing evidence that--
                  (A) the sexual act or activity was consensual 
                and not for the purpose of commercial or 
                pecuniary gain;
                  (B) the sexual act or activity would not be 
                punishable by more than one year in prison 
                under the law of the State in which it 
                occurred; or
                  (C) no sexual act or activity occurred.
  (f) Mandatory Minimum Terms of Imprisonment for Violent 
Crimes Against Children.--A person who is convicted of a 
Federal offense that is a crime of violence against the person 
of an individual who has not attained the age of 18 years 
shall, unless a greater mandatory minimum sentence of 
imprisonment is otherwise provided by law and regardless of any 
maximum term of imprisonment otherwise provided for the 
offense--
          (1) if the crime of violence is murder, be imprisoned 
        for life or for any term of years not less than 30, 
        except that such person shall be punished by death or 
        life imprisonment if the circumstances satisfy any of 
        subparagraphs (A) through (D) of section 3591(a)(2) of 
        this title;
          (2) if the crime of violence is kidnapping (as 
        defined in section 1201) or maiming (as defined in 
        section 114), be imprisoned for life or any term of 
        years not less than 25; and
          (3) if the crime of violence results in serious 
        bodily injury (as defined in section 1365), or if a 
        dangerous weapon was used during and in relation to the 
        crime of violence, be imprisoned for life or for any 
        term of years not less than 10.
  (g)(1) If a defendant who is convicted of a felony offense 
(other than offense of which an element is the false 
registration of a domain name) knowingly falsely registered a 
domain name and knowingly used that domain name in the course 
of that offense, the maximum imprisonment otherwise provided by 
law for that offense shall be doubled or increased by 7 years, 
whichever is less.
  (2) As used in this section--
          (A) the term ``falsely registers'' means registers in 
        a manner that prevents the effective identification of 
        or contact with the person who registers; and
          (B) the term ``domain name'' has the meaning given 
        that term is section 45 of the Act entitled ``An Act to 
        provide for the registration and protection of 
        trademarks used in commerce, to carry out the 
        provisions of certain international conventions, and 
        for other purposes'' approved July 5, 1946 (commonly 
        referred to as the ``Trademark Act of 1946'') (15 
        U.S.C. 1127).

           *       *       *       *       *       *       *


                            Dissenting Views

    H.R. 1842, the ``Strengthening Children's Safety Act of 
2017,'' would broaden section 2250 of title 18 of the United 
States Code to (1) include state crimes of violence as grounds 
for enhanced punishment for sex offenders who commit a crime of 
violence and fail to register or report certain information; 
(2) clarify the definition of ``crime of violence'' as it 
pertains to that Code section; and (3) expand several child 
sexual exploitation statutes to include prior military 
convictions for child sex exploitation offenses under the 
Uniform Code of Military Justice as predicate offenses for 
recidivist treatment. These expansions would subject more 
individuals to mandatory minimum sentences, which are the 
penalties for these offenses under current law. We have long-
opposed the imposition of mandatory minimum sentences because 
of their extraordinary injustice, role in causing prison 
overcrowding, and the excessive costs to taxpayers they cause. 
Mandatory minimum sentences have had a particularly devastating 
impact on minority communities across our Nation. Given the 
fact that H.R. 1842 would subject more individuals to mandatory 
minimum sentences, we must respectfully dissent and urge our 
colleagues to oppose this legislation when it comes to the 
floor.

                       DESCRIPTION AND BACKGROUND

                              DESCRIPTION

    Section 2 of the bill amends section 2250(d) of title 18 of 
the United States Code to include state crimes of violence as a 
basis for the enhanced penalty for commission of a crime of 
violence and failure to register or update registration. In 
addition, it includes the definition of crime of violence, as 
provided in section 16 of title 18.
    Section 3 makes a number of amendments to title 18. First, 
it amends section 2241(c) to include prior convictions of 
aggravated sexual abuse offenses against a child under the 
Uniform Code of Military Justice (UCMJ) as predicates for 
imposition of a mandatory term of life in prison. Second, it 
amends section 2251(e) to include prior convictions of sexual 
exploitation of children offenses (production of child 
pornography) under the UCMJ as predicates for imposition of a 
mandatory 25-50 years for a second conviction or 35 years to 
life in prison for a third. Third, it amends sections 
2252(b)(1) and (b)(2) to include prior convictions for certain 
activities related to material involving the sexual 
exploitation of minors (distribution and transportation of 
child pornography) under the UCMJ as predicates for imposition 
of a mandatory term of 10-20 years in prison or 15-40 years in 
prison. Fourth, it amends section 2252A(b)(1) and (b)(2) to 
include prior convictions for certain activities related to 
child pornography (distribution and transportation of child 
pornography, including computer-generated sexually explicit 
images that involve an actual minor) under the UCMJ as 
predicates for imposition of a mandatory term of 10-20 years in 
prison or 15-40 years in prison. Fifth, it expands the 
definition of ``prior sex offense conviction'' in section 
2426(b)(1)(B), which doubles the maximum term of imprisonment 
possible for repeat offenders, to include offenses under the 
UCMJ. And, sixth, it amends the definition of a ``prior sex 
conviction'' in 3559(e)(2)(B) and (e)(2)(C) to include military 
sex offenses under the UCMJ which may serve as a predicate for 
imposition of a mandatory term of life in prison.

                               BACKGROUND

    Section 2250 of title 18 of the United States Code is the 
criminal provision for the Sex Offender Registration and 
Notification Act (SORNA).\1\ The statute provides that a sex 
offender who knowingly fails to register or update a 
registration as required by SORNA or knowingly fails to provide 
information required by SORNA relating to travel in interstate 
or foreign commerce faces a fine and/or imprisonment of up to 
ten years. Subsection (d) provides for an enhanced penalty of 
at least five years to 30 years imprisonment if, while in 
noncompliant status, the offender committed a crime of violence 
under federal law, including the UCMJ. The sentence for failure 
to register must be served consecutively to the punishment 
imposed for the crime of violence committed while in non-
compliant status. Currently, only the commission of a crime of 
violence under federal law triggers the enhanced penalty. H.R. 
1842 would add language providing that state crimes of violence 
that would also trigger the enhanced penalty.
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    \1\Section 2250 provides that an individual who is required to 
register under SORNA; is a sex offender by reason of a conviction under 
Federal law (including the Uniform Code of Military Justice), the law 
of the District of Columbia, Indian tribal law, or the law of any 
territory or possession of the United States; or travels in interstate 
or foreign commerce, or enters or leaves, or resides in, Indian 
country; and knowingly fails to register or update registration as 
required by SORNA; shall be imprisoned not more than 10 years. 18 
U.S.C. Sec. 2250 (2017).
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    The bill would also expand the scope of individuals subject 
to the recidivist sentencing provisions of federal child 
exploitation laws, which require longer sentences for 
defendants who have been previously convicted for sex offenses. 
These provisions consistently base recidivist treatment on 
previous convictions for federal or state sex offenses. 
Previous convictions for sex offenses under military criminal 
law are included in some of the recidivist provisions while 
other provisions do not reference military sex convictions at 
all.
    Of the provisions that reference prior military 
convictions, only sex offenses under article 120 of the UCMJ 
currently serve as the basis for recidivist treatment. Yet, 
there are two articles of the UCMJ that involve child sexual 
exploitation crimes. Article 120b includes several sex offenses 
that closely parallel sex offenses described in chapter 109A of 
title 18; and child pornography related offenses fall under 
article 134. Article 134 is a general provision that prohibits 
any conduct that is prejudicial to good order and discipline or 
can be assimilated from state or federal law. Curiously, 
federal child exploitation recidivist provisions do not 
reference article 134 offenses even though comparable state and 
federal offenses serve as the basis for recidivist treatment. 
As a result, there are recidivist sentencing provisions that do 
not apply to some military offenses where these same provisions 
apply to comparable state or federal offenses. H.R. 1842 would 
amend sections 2241\2\, 2251\3\, 2252\4\, 2252A\5\, 2426\6\, 
and 3559\7\ to allow the recidivist provisions of each statute 
to be predicated upon all child sexual exploitation offenses 
under the UCMJ.
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    \2\18 U.S.C. Sec. 2241(c) (2017) provides that if a defendant who 
violates this section has a prior conviction for a similar federal or 
state offense, he or she must be sentenced to life in prison.
    \3\18 U.S.C. Sec. 2251(e) (2017) provides that if a defendant who 
violates this section has a prior conviction for a similar federal, 
state, or military (under article 120 of the UCMJ) offense, then he or 
she must be sentenced to a minimum of 25 years, but not more than 50 
years in prison.
    \4\18 U.S.C. Sec. 2252(b)(1) and (b)(2) (2017) provides that if a 
defendant who violates this section has a prior conviction for a 
similar federal, state offense, or military (under article 120 of the 
UCMJ) offense, the defendant must be sentenced to a minimum of 15 
years, but not more than 40 years in prison or ten years, but not more 
than 20 years in prison, respectively.
    \5\18 U.S.C. Sec. 2252A(b)(1) and (b)(2) (2017) provide that if a 
defendant who violates this section has a prior conviction for a 
similar federal, state offense, or military (under article 120 of the 
UCMJ) offense, the he or she must be sentenced to a minimum of 15 
years, but not more than 40 years in prison or ten years, but not more 
than 20 years in prison, respectively.
    \6\Pursuant to 18 U.S.C. Sec. 2426 (2017), the maximum term of 
imprisonment for a violation of a chapter 117 offense (Transportation 
for Illegal Sexual Activity and Related Crimes) after a prior sex 
offense conviction is twice the term of imprisonment otherwise provided 
in the chapter, unless section 3559(e) (mandatory life imprisonment) 
applies.
    \7\18 U.S.C. Sec. 3559(e) (2017) provides that the mandatory term 
of imprisonment for a person convicted of a federal sex offense 
involving a minor is life imprisonment if the person has a prior sex 
conviction involving a minor; as discussed previously, a prior 
conviction presently includes state sex offenses.
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                                CONCERNS

    I. THE BILL WOULD SUBJECT MORE INDIVIDUALS TO THE IMPOSITION OF 
                      MANDATORY MINIMUM SENTENCES

    Our concerns with this bill primarily stem from the 
expanded application of mandatory minimum sentences that would 
result from expanding the scope of individuals who would be 
subject to them under the bill. H.R. 1842 would amend section 
2250(d) of title 18 to include state crimes of violence as a 
predicate for imposition of the enhanced penalty, thereby 
adding a new class of offenders subject to mandatory minimum 
sentences of at least 5 years imprisonment. Additionally, this 
bill would amend nine provisions of title 18, which cover 
recidivist punishment, to include convictions for military 
child sexual exploitation offenses. Each of the provisions that 
would be amended by this bill involves the imposition of 
sentences for offenders, who commit certain sex-related crimes 
involving children or minors after having been previously 
convicted of similar sex-related offenses. Consequently, this 
bill would subject several new classes of repeat offenders to 
mandatory minimum sentencing, including mandatory sentences of 
life in prison.
    During the Committee's consideration of this bill, Ranking 
Member John Conyers, Jr. offered an amendment to address these 
concerns. Unfortunately, that amendment was defeated by a vote 
of 6-16. While we would prefer that mandatory minimum sentences 
be removed from federal law altogether, we believe the 
amendment offered by Ranking Member John Conyers, Jr. 
represented a reasonable compromise that would have addressed 
some of our concerns without undermining the goal of the bill.
    First, the amendment would have addressed penalties that 
would apply to the bill's addition of state crimes of violence 
as predicates for the offense in current law consisting of 
failure to register and committing a crime of violence. The 
current penalty for this violation is imprisonment for at least 
5 years and up to 30 years. As applied only to the newly-added 
state law violations as predicates, the amendment would have 
eliminated the 5-year minimum but still allowed for up to 30 
years imprisonment. The amendment would have also addressed the 
application of mandatory minimum penalties for the bill's 
addition of offenses under the Uniform Code of Military Justice 
as predicates for penalties under certain child exploitation 
statutes. These recidivist penalties carry mandatory minimums 
for at least 15 years and for some offenses, life in prison. 
With respect to the expansion of the predicates for the 
recidivist penalties, the amendment would have eliminated 
application of the mandatory minimum penalties to these newly-
added military offenses as predicates, but allowed sentences to 
still be imposed up to the current statutory maximums. Because 
the amendment was limited to only the expansions that would be 
provided by H.R. 1842, it would not have impacted the 
application of these penalties to the offenses already provided 
in current law.

 II. H.R. 1842 WOULD ONLY EXACERBATE THE PROBLEMS CAUSED BY MANDATORY 
                           MINIMUM SENTENCES

    Congress should work to eliminate mandatory minimum 
sentences altogether, not expand them as would be the result 
under H.R. 1842. Mandatory minimum sentences are the wrong way 
to determine punishment. They not only lead to unjust outcomes 
for individuals, but also have serious systemic consequences by 
contributing to the problem of overincarceration. Since 
Congress enacted harsh mandatory minimums in the 1980s, the 
federal prison population has exploded by over 700% to more 
than 188,000 inmates today.\3\
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    \3\Bureau of Prisons, Historical Information, at http://
www.bop.gov/about/history/ and Inmate Statistics: Offenses, at http://
www.bop.gov/about/statistics/statistics_inmate_offenses.jsp.
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    In addition, higher than warranted sentences resulting from 
mandatory minimum sentencing strain public finances. 
Expenditures for the federal Bureau of Prisons have risen to 
comprise approximately 25 percent of the total budget of the 
Department of Justice.\8\ Every dollar expended on lengthy 
mandatory minimum incarcerations is a dollar that cannot be 
spent on crime prevention, victim services, training, 
investigation, and prosecution. Absent smarter sentencing 
policies and reformation of mandatory minimum sentences, prison 
populations and their associated costs will continue to 
escalate. We need to take steps to ensure that sentences are 
appropriately severe, but are not set beyond levels that no 
longer serve legitimate criminal justice purposes.
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    \8\The Charles Colson Task Force on Federal Corrections, 
Consequences of Growth in the Federal Prison Population (May 2015). 
(available at http://www.urban.org/sites/default/files/publication/
52636/2000221-Consequences-of-Growth-in-the-Federal-Prison-
Population.pdf)
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    While long sentences may be appropriate under the facts of 
a particular violation of law, Congress cannot know the facts 
of every case in advance. Judges are in the best position to 
impose sentences that are appropriate for the facts and 
circumstances of each case. Removing mandatory minimums, while 
still permitting the lengthy statutory maximum penalty of life 
imprisonment, would provide the appropriate spectrum of 
sentences for culpability and proportionate punishment.

                               CONCLUSION

    Without question, crimes against children are particularly 
egregious. Congress must do everything it can to prevent these 
crimes and, when they do occur, hold offenders accountable. 
Expanding the scope of individuals subject to mandatory minimum 
sentences, however, is the wrong answer. Such offenders would 
still be subject to appropriately severe penalties if minimums 
were eliminated and judges imposed sentences based on the facts 
and circumstances of each case, up to the already-lengthy 
statutory maximum sentences. Unfortunately, H.R. 1842 fails to 
address this critical concern with respect to new classes of 
offenders who would be subject to punishment under the bill.
    Accordingly, we must oppose H.R. 1842 and we urge our 
colleagues to join us in opposition.
                                   Mr. Conyers, Jr.
                                   Ms. Jackson Lee.
                                   Mr. Johnson, Jr.
                                   Mr. Gutierrez.
                                   Ms. Bass.
                                   Mr. Richmond.
                                   MR. Jeffries.

                                  [all]