Home > 105th Congressional Bills > H.R. 3494 (enr) To amend title 18, United States Code, to protect children from sexual abuse and exploitation, and for other purposes. ...H.R. 3494 (enr) To amend title 18, United States Code, to protect children from sexual abuse and exploitation, and for other purposes. ...
105th CONGRESS
2d Session
H. R. 3494
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, with respect to violent sex
crimes against children, and for other purposes.
105th CONGRESS
2d Session
H. R. 3494
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, with respect to violent sex
crimes against children, 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 Protection and Sexual Predator
Punishment Act of 1998''.
TITLE I--PROTECTING CHILDREN FROM SEXUAL PREDATORS AND COMPUTER
PORNOGRAPHY
SEC. 101. CONTACTING MINORS FOR SEXUAL PURPOSES.
Section 2422 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States--
``(1) knowingly contacts an individual who has not attained
the age of 18 years; or
``(2) knowingly contacts an individual, who has been
represented to the person making the contact as not having
attained the age of 18 years,
for the purposes of engaging in any sexual activity, with a person who
has not attained the age of 18 years, for which any person may be
criminally prosecuted, or attempts to do so, shall be fined under this
title or imprisoned not more than 5 years, or both. It is a defense to
a prosecution for an offense under this section that the sexual
activity is prosecutable only because of the age of the individual
contacted, the individual contacted had attained the age of 12 years,
and the defendant was not more than 4 years older than the individual
contacted.''.
SEC. 102. TRANSFER OF OBSCENE MATERIAL TO MINORS.
(a) In General.--Chapter 71 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1470. Transfer of obscene material to minors
``Whoever, using the mail or any facility or means of interstate or
foreign commerce--
``(1) knowingly transfers obscene matter to an individual
who has not attained the age of 18 years, or attempts to do so;
or
``(2) knowingly transfers obscene matter to an individual
who has been represented to the transferor as not having
attained the age of 18 years,
shall be fined under this title or imprisoned not more than 5 years, or
both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 71 of title 18, United States Code, is amended by adding at the
end the following new item:
``1470. Transfer of obscene material to minors.''.
SEC. 103. INCREASED PRISON SENTENCES FOR ENTICEMENT OF MINORS.
Section 2422 of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end ``If the
individual had not attained the age of 18 years at the time of
the offense, the maximum imprisonment for an offense under this
subsection is 10 years.''; and
(2) in subsection (b), by striking ``10'' and inserting
``15''.
SEC. 104. ADDITIONAL JURISDICTIONAL BASE FOR PROSECUTION OF PRODUCTION
OF CHILD PORNOGRAPHY.
(a) Use of a Child.--Subsection (a) of section 2251 of title 18,
United States Code, is amended by inserting ``if such visual depiction
was produced with materials that had been mailed, shipped, or
transported in interstate or foreign commerce by any means, including a
computer,'' before ``or if''.
(b) Allowing Use of a Child.--Subsection (b) of section 2251 of
title 18, United States Code, is amended by inserting ``, if such
visual depiction was produced with materials that had been mailed,
shipped, or transported in interstate or foreign commerce by any means,
including a computer,'' before ``or if''.
SEC. 105. INCREASED PENALTIES FOR CERTAIN ACTIVITIES RELATING TO
MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS OR
CHILD PORNOGRAPHY AND TECHNICAL CORRECTION.
(a) Increased Penalties in Section 2252.--Section 2252(b) of title
18, United States Code, is amended--
(1) in each of paragraphs (1) and (2), by striking ``or
chapter 109A'' and inserting ``, chapter 109A, or chapter
117''; and
(2) in paragraph (2), by inserting ``the offense consisted
of the possession of 50 or more items of the sort described in
subsection (a)(4) or'' after ``if''.
(b) Increased Penalties in Section 2251(d).--Section 2251(d) of
title 18, United States Code, is amended by striking ``or chapter
109A'' each place it appears and inserting ``, chapter 109A, or chapter
117''.
(c) Increased Penalties in Section 2252A.--Section 2252A(b)(2) of
title 18, United States Code, is amended by inserting ``the offense
consisted of the possession of 50 or more images of the sort described
in subsection (a)(4) or'' after ``if''.
(d) Modification of Possession Offense.--Section 2252(a) of title
18, United States Code, is amended so that paragraph (4) reads as
follows:
``(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 Federal Government, or in the
Indian country (as defined in section 1151 of this
title), knowingly possesses a book, magazine,
periodical, computer disk, film, video tape, or any
other matter that contains a visual depiction of
sexually explicit conduct and the production of which
involves the use of a minor engaging in that conduct;
or
``(B) knowingly possesses a book, magazine,
periodical, computer disk, film, video tape, or any
other matter that--
``(i) has been mailed, or has been shipped
or transported by any means, including
computer, in interstate or foreign commerce, or
which was produced using materials which were
mailed or so shipped or transported; and
``(ii) contains a visual depiction of
sexually explicit conduct and the production of
which involves the use of a minor engaging in
that conduct;''.
(e) Child Pornography Possession Offense.--Section 2252A(a)(5) of
title 18, United States Code, is amended in each of subparagraphs (A)
and (B), by striking ``3 or more images of'' and inserting ``an image
of''.
SEC. 106. CRIMINAL FORFEITURE FOR SOLICITATION OF MINORS AND INTERSTATE
PROSTITUTION.
Section 2253(a) of title 18, United States Code, is amended by
inserting ``, or who is convicted of an offense under section 2421,
2422, 2423, 2252A, or 2260 of this title,'' after ``2252 of this
chapter'' in the matter preceding paragraph (1).
SEC. 107. PRETRIAL DETENTION OF CHILD SEX OFFENDERS.
Subparagraph (C) of section 3156(a)(4) of title 18, United States
Code, is amended to read as follows:
``(C) any felony under chapter 109A, 110, or 117;
and''.
SEC. 108. INCREASED PRISON SENTENCES.
Subsection (b) of section 2422 of title 18, United States Code, is
amended by adding at the end the following: ``If in the course of
committing the offense under this subsection, the defendant used a
computer to transmit a communication to the minor, the minimum term of
imprisonment for the offense under this subsection is 3 years.''.
SEC. 109. REPEAT OFFENDERS IN TRANSPORTATION OFFENSE.
(a) Generally.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2425. Repeat offenders
``(a) The maximum term of imprisonment for a violation of this
chapter after a prior sex offense conviction shall be twice the term
otherwise provided by this chapter.
``(b) As used in this section, the term `prior sex offense
conviction' means a conviction for an offense--
``(1) under this chapter or chapter 109A or 110; or
``(2) under State law 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 or
in any Territory or Possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 117 of title 18, United States Code, is amended by adding at
the end the following new item:
``2425. Repeat offenders.''.
SEC. 110. DEFINITION AND ADDITION OF ATTEMPT OFFENSE.
(a) Definition.--
(1) In General.--Chapter 117 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2426. Definition for chapter
``For the purposes of this chapter, sexual activity for which any
person can be charged with a criminal offense includes the production
of child pornography, as defined in section 2256(8).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 117 of title 18, United States Code, is
amended by adding at the end the following new item:
``2426. Definition for chapter.''.
(b) Attempt Offense.--Section 2422(a) of title 18, United States
Code, is amended by inserting ``or attempts to do so,'' after
``criminal offense,''.
SEC. 111. USE OF INTERSTATE FACILITIES TO TRANSMIT IDENTIFYING
INFORMATION ABOUT A MINOR FOR CRIMINAL SEXUAL PURPOSES.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2260A. Use of interstate facilities to transmit information
about a minor
``Whoever, using the mail or any facility or means of interstate or
foreign commerce, or within the special maritime and territorial
jurisdiction of the United States, knowingly transmits, prints,
publishes, or reproduces, or causes to be transmitted, printed,
published, or reproduced, the name, address, telephone number,
electronic mail address, or other identifying information of an
individual who has not attained the age of 18 years for the purposes of
facilitating, encouraging, offering, or soliciting any person to engage
in any sexual activity for which any person may be criminally
prosecuted, or attempts to do so, shall be fined under this title or
imprisoned not more than 5 years, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2260A. Use of interstate facilities to transmit information about a
minor.''.
SEC. 112. STUDY OF PERSISTENT SEXUAL OFFENDERS.
The National Institute of Justice, either directly or through
grant, shall carry out a study of persistent sexual predators. Not
later than one year after the date of the enactment of this Act, such
Institute shall report to Congress and the President the results of
such study. Such report shall include--
(1) a synthesis of current research in psychology,
sociology, law, criminal justice, and other fields regarding
persistent sexual offenders, including--
(A) common characteristics of such offenders;
(B) recidivism rates for such offenders;
(C) treatment techniques and their effectiveness;
(D) responses of offenders to treatment and
deterrence; and
(E) the possibility of early intervention to
prevent people from becoming sexual predators; and
(2) an agenda for future research in this area.
SEC. 113. REPORTING OF CHILD PORNOGRAPHY BY ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.
(a) In General.--Whoever, while engaged in providing an electronic
communication service or a remote computing service to the public,
through a facility or means of interstate or foreign commerce, obtains
knowledge of facts or circumstances from which a violation of section
2251, 2251A, 2252, or 2252A of title 18, United States Code, involving
child pornography (as defined in section 2256 of such title), is
apparent shall, as soon as reasonably possible, make a report of such
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