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[DOCID: f:h1240enr.txt]
H.R.1240
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To combat crime by enhancing the penalties for certain sexual crimes
against children.
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 ``Sex Crimes Against Children
Prevention Act of 1995''.
SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT INVOLVING THE SEXUAL
EXPLOITATION OF CHILDREN.
The United States Sentencing Commission shall amend the sentencing
guidelines to--
(1) increase the base offense level for an offense under
section 2251 of title 18, United States Code, by at least 2 levels;
and
(2) increase the base offense level for an offense under
section 2252 of title 18, United States Code, by at least 2 levels.
SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS IN SEXUAL EXPLOITATION
OF CHILDREN.
The United States Sentencing Commission shall amend the sentencing
guidelines to increase the base offense level by at least 2 levels for
an offense committed under section 2251(c)(1)(A) or 2252(a) of title
18, United States Code, if a computer was used to transmit the notice
or advertisement to the intended recipient or to transport or ship the
visual depiction.
SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF CHILDREN WITH INTENT
TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY.
The United States Sentencing Commission shall amend the sentencing
guidelines to increase the base offense level for an offense under
section 2423(a) of title 18, United States Code, by at least 3 levels.
SEC. 5. TECHNICAL CORRECTION.
Section 2423(b) of title 18, United States Code, is amended by
striking ``2245'' and inserting ``2246''.
SEC. 6. REPORT BY THE UNITED STATES SENTENCING COMMISSION.
Not later than 180 days after the date of the enactment of this
Act, the United States Sentencing Commission shall submit a report to
Congress concerning offenses involving child pornography and other sex
offenses against children. The Commission shall include in the report--
(1) an analysis of the sentences imposed for offenses under
sections 2251, 2252, and 2423 of title 18, United States Code, and
recommendations regarding any modifications to the sentencing
guidelines that may be appropriate with respect to those offenses;
(2) an analysis of the sentences imposed for offenses under
sections 2241, 2242, 2243, and 2244 of title 18, United States
Code, in cases in which the victim was under the age of 18 years,
and recommendations regarding any modifications to the sentencing
guidelines that may be appropriate with respect to those offenses;
(3) an analysis of the type of substantial assistance that
courts have recognized as warranting a downward departure from the
sentencing guidelines relating to offenses under section 2251 or
2252 of title 18, United States Code;
(4) a survey of the recidivism rate for offenders convicted of
committing sex crimes against children, an analysis of the impact
on recidivism of sexual abuse treatment provided during or after
incarceration or both, and an analysis of whether increased
penalties would reduce recidivism for those crimes; and
(5) such other recommendations with respect to the offenses
described in this section as the Commission deems appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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