[104th Congress Public Law 71]
[From the U.S. Government Printing Office]
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[DOCID: f:publ71.104]
[[Page 109 STAT. 774]]
Public Law 104-71
104th Congress
An Act
To combat crime by enhancing the penalties for certain sexual crimes
against children. <<NOTE: Dec. 23, 1995 - [H.R. 1240]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Sex Crimes
Against Children Prevention Act of 1995.>>
SECTION 1. <<NOTE: 28 USC 994 note.>> SHORT TITLE.
This Act may be cited as the ``Sex Crimes Against Children
Prevention Act of 1995''.
SEC. 2. <<NOTE: 28 USC 994 note.>> 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. <<NOTE: 28 USC 994 note.>> 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. <<NOTE: 28 USC 994 note.>> 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 pornog
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raphy 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.
Approved December 23, 1995.
LEGISLATIVE HISTORY--H.R. 1240:
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HOUSE REPORTS: No. 104-90 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Apr. 4, considered and passed House.
Apr. 6, considered and passed Senate, amended.
Dec. 12, House concurred in Senate amendment.
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