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. ...


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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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