Home > 106th Congressional Bills > H.R. 1104 (pcs) To authorize the Secretary of the Interior to transfer administrative jurisdiction over land within the boundaries of the Home of Franklin D. Roosevelt National Historic Site to the Archivist of the United States for the construction of a...

H.R. 1104 (pcs) To authorize the Secretary of the Interior to transfer administrative jurisdiction over land within the boundaries of the Home of Franklin D. Roosevelt National Historic Site to the Archivist of the United States for the construction of a...


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108th CONGRESS
  1st Session
                                H. R. 1104

          To prevent child abduction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2003

  Mr. Sensenbrenner (for himself, Mr. Smith of Texas, Mr. Chabot, Mr. 
 Green of Wisconsin, Mr. Hyde, and Mr. Coble) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
  addition to the Committees on Transportation and Infrastructure and 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
          To prevent child abduction, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abduction Prevention Act''.

                    TITLE I--SANCTIONS AND OFFENSES

SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

    Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (e)(3), by inserting ``on any such 
        revocation'' after ``required to serve'';
            (2) in subsection (h), by striking ``that is less than the 
        maximum term of imprisonment authorized under subsection 
        (e)(3)''; and
            (3) by adding at the end the following:
    ``(k) Notwithstanding subsection (b), the authorized term of 
supervised release for any offense under section 1201 involving a minor 
victim, and for any offense under chapter 109A, 110, or 117, or section 
1591, is any term of years or life, and the sentence for any such 
offense that is a felony shall include a term of supervised release of 
at least 5 years.''.

SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD TORTURE 
              MURDERS.

    Section 1111 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``child abuse,'' after ``sexual 
                abuse,''; and
                    (B) by inserting ``or perpetrated as part of a 
                pattern or practice of assault or torture against a 
                child or children;'' after ``robbery;''; and
            (2) by inserting at the end the following:
    ``(c) For purposes of this section--
            ``(1) the term `assault' has the same meaning as given that 
        term in section 113;
            ``(2) the term `child' means a person who has not attained 
        the age of 18 years and is--
                    ``(A) under the perpetrator's care or control; or
                    ``(B) at least six years younger than the 
                perpetrator;
            ``(3) the term `child abuse' means intentionally, 
        knowingly, or recklessly causing death or serious bodily injury 
        to a child;
            ``(4) the term `pattern or practice of assault or torture' 
        means assault or torture engaged in on at least two occasions;
            ``(5) the term `recklessly' with respect to causing death 
        or serious bodily injury--
                    ``(A) means causing death or serious bodily injury 
                under circumstances in which the perpetrator is aware 
                of and disregards a grave risk of death or serious 
                bodily injury; and
                    ``(B) such recklessness can be inferred from the 
                character, manner, and circumstances of the 
                perpetrator's conduct;
            ``(6) the term `serious bodily injury' has the meaning set 
        forth in section 1365; and
            ``(7) the term `torture' means conduct, whether or not 
        committed under the color of law, that otherwise satisfies the 
        definition set forth in section 2340(1).''.

SEC. 103. SEXUAL ABUSE PENALTIES.

    (a) Maximum Penalty Increases.--(1) Chapter 110 of title 18, United 
States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``20'' and inserting ``30''; and
                    (ii) by striking ``30'' the first place it appears 
                and inserting ``50'';
            (B) in section 2252(b)(1)--
                    (i) by striking ``15'' and inserting ``20''; and
                    (ii) by striking ``30'' and inserting ``40'';
            (C) in section 2252(b)(2)--
                    (i) by striking ``5'' and inserting ``10''; and
                    (ii) by striking ``10'' and inserting ``20'';
            (D) in section 2252A(b)(1)--
                    (i) by striking ``15'' and inserting ``20''; and
                    (ii) by striking ``30'' and inserting ``40''; and
            (E) in section 2252A(b)(2)--
                    (i) by striking ``5'' and inserting ``10''; and
                    (ii) by striking ``10'' and inserting ``20''.
    (2) Chapter 117 of title 18, United States Code, is amended--
            (A) in section 2422(a), by striking ``10'' and inserting 
        ``20'';
            (B) in section 2422(b), by striking ``15'' and inserting 
        ``30''; and
            (C) in section 2423(a), by striking ``15'' and inserting 
        ``30''.
    (3) Section 1591(b)(2) of title 18, United States Code, is amended 
by striking ``20'' and inserting ``40''.
    (b) Minimum Penalty Increases.--(1) Chapter 110 of title 18, United 
States Code, is amended--
            (A) in section 2251(d)--
                    (i) by striking ``or imprisoned not less than 10'' 
                and inserting ``and imprisoned not less than 15'';
                    (ii) by striking ``and both,'';
                    (iii) by striking ``15'' and inserting ``25''; and
                    (iv) by striking ``30'' the second place it appears 
                and inserting ``35'';
            (B) in section 2251A(a) and (b), by striking ``20'' and 
        inserting ``30'';
            (C) in section 2252(b)(1)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 10 years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``5'' and inserting ``15'';
            (D) in section 2252(b)(2)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``2'' and inserting ``10'';
            (E) in section 2252A(b)(1)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 10 years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``5'' and inserting ``15''; and
            (F) in section 2252A(b)(2)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and'';
                    (ii) by striking ``or both,''; and
                    (iii) by striking ``2'' and inserting ``10''.
    (2) Chapter 117 of title 18, United States Code, is amended--
            (A) in section 2422(a)--
                    (i) by striking ``or imprisoned'' and inserting 
                ``and imprisoned not less than 2 years and''; and
                    (ii) by striking ``, or both'';
            (B) in section 2422(b)--
                    (i) by striking ``, imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and''; and
                    (ii) by striking ``, or both''; and
            (C) in section 2423(a)--
                    (i) by striking ``, imprisoned'' and inserting 
                ``and imprisoned not less than 5 years and''; and
                    (ii) by striking ``, or both''.

SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

    (a) Sentencing Guidelines.--Notwithstanding any other provision of 
law regarding the amendment of Sentencing Guidelines, the United States 
Sentencing Commission is directed to amend the Sentencing Guidelines, 
to take effect on the date that is 30 days after the date of the 
enactment of this Act--
            (1) so that the base level for kidnapping in section 
        2A4.1(a) is increased from level 24 to level 32 (121-151 
        months);
            (2) so as to delete section 2A4.1(b)(4)(C); and
            (3) so that the increase provided by section 2A4.1(b)(5) is 
        6 levels instead of 3.
    (b) Minimum Mandatory Sentence.--Section 1201(g) of title 18, 
United States Code, is amended by striking ``shall be subject to 
paragraph (2)'' in paragraph (1) and all that follows through paragraph 
(2) and inserting ``shall include imprisonment for not less than 20 
years.''.

SEC. 105. PENALTIES AGAINST SEX TOURISM.

    (a) In General.--Section 2423 of title 18, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) Travel With Intent To Engage in Illicit Sexual Conduct.--A 
person who travels in interstate commerce or travels into the United 
States, or a United States citizen or an alien admitted for permanent 
residence in the United States who travels in foreign commerce, for the 
purpose of engaging in any illicit sexual conduct with another person 
shall be fined under this title or imprisoned not more than 30 years, 
or both.
    ``(c) Engaging in Illicit Sexual Conduct in Foreign Places.--Any 
United States citizen or alien admitted for permanent residence who 
travels in foreign commerce, and engages in any illicit sexual conduct 
with another person shall be fined under this title or imprisoned not 
more than 30 years, or both.
    ``(d) Ancillary Offenses.--Whoever arranges, induces, procures, or 
facilitates the travel of a person knowing that such a person is 
traveling in interstate commerce or foreign commerce for the purpose of 
engaging in illicit sexual conduct shall be fined under this title, 
imprisoned not more than 30 years, or both.
    ``(e) Attempt and Conspiracy.--Whoever attempts or conspires to 
violate subsection (a), (b), (c), or (d) shall be punishable in the 
same manner as a completed violation of that subsection.
    ``(f) Definition.--As used in this section, the term `illicit 
sexual conduct' means (1) a sexual act (as defined in section 2246) 
with a person that would be in violation of chapter 109A if the sexual 
act occurred in the special maritime and territorial jurisdiction of 
the United States; or (2) any commercial sex act (as defined in section 
1591) with a person who has not attained the age of 18 years.
    ``(g) Defense.--In a prosecution under this section based on 
illicit sexual conduct as defined in subsection (f)(2), it is a 
defense, which the defendant must establish by a preponderance of the 
evidence, that the defendant reasonably believed that the person with 
whom the defendant engaged in the commercial sex act had attained the 
age of 18 years.''.
    (b) Conforming Amendment.--Section 2423(a) of title 18, United 
States Code, is amended by striking ``or attempts to do so,''.

SEC. 106. TWO STRIKES YOU'RE OUT.

    (a) In General.--Section 3559 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(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--
                            ``(i) an offense under section 2241 
                        (relating to aggravated sexual abuse), 2242 
                        (relating to sexual abuse), 2243(a) (relating 
                        to sexual abuse of a minor), 2244(a)(1) or (2) 
                        (relating to abusive sexual contact), 2245 
                        (relating to sexual abuse resulting in death), 
                        or 2251A (relating to selling or buying of 
                        children); or
                            ``(ii) an offense under section 2423(a) 
                        (relating to transportation of minors) 
                        involving prostitution or sexual activity 
                        constituting a State sex offense;
                    ``(B) the term `State sex offense' means an offense 
                under State law that 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 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).''.
    (b) Conforming Amendment.--Sections 2247(a) and 2426(a) of title 
18, United States Code, are each amended by inserting ``, unless 
section 3559(e) applies'' before the final period.

SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING.

    Section 1204 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or attempts to do 
        so,'' before ``or retains''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or the Uniform 
                Child Custody Jurisdiction and Enforcement Act'' before 
                ``and was''; and
                    (B) in paragraph (2), by inserting ``or'' after the 
                semicolon.

               TITLE II--INVESTIGATIONS AND PROSECUTIONS

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