HR 6167 IHCommentsClose CommentsPermalink

To amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking offenses, and other sexual offenses committed against children.CommentsClose CommentsPermalink

June 3, 2008

Mr. KELLER of Florida (for himself and Mr. SCALISE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, 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 concernedCommentsClose CommentsPermalink

To amend title 18, United States Code, to strengthen penalties for child pornography offenses, child sex trafficking offenses, and other sexual offenses committed against children.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Prevention and Deterrence of Crimes Against Children Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES.

(a) In General- Section 2251(e) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `15 years nor more than 30 years' and inserting `20 years or for life'; andCommentsClose CommentsPermalink





(2) by striking `not less than 25 years nor more than 50 years,' and all that follows through `not less than 35 years nor more than'.CommentsClose CommentsPermalink





(b) Other Offenses- Sections 2252(b) and 2252A(b) of title 18, United States Code, are each amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `5 years and not more than 20 years' and inserting `15 years or for life'; andCommentsClose CommentsPermalink





(B) by striking `not less than 15 years nor more than 40 years.' and inserting `life.'; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking `or imprisoned not more than 10 years, or both' and inserting `and imprisoned for not less than 3 years nor more than 20 years';CommentsClose CommentsPermalink





(B) by inserting `section 1591,' after `this chapter,'; andCommentsClose CommentsPermalink





(C) by striking `10 years nor more than 20 years.' and inserting `20 years or for life.'.CommentsClose CommentsPermalink





(c) Domain Names- Section 2252B(b) of title 18, United States Code, is amended by striking `10 years' and inserting `20 years'.CommentsClose CommentsPermalink





(d) Transportation of Minors- Section 2423(f) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `means (1) a' and inserting the following: `means--CommentsClose CommentsPermalink





`(1) a';CommentsClose CommentsPermalink





(2) by striking `; or (2) any' and inserting the following: `;CommentsClose CommentsPermalink





`(2) any';CommentsClose CommentsPermalink





(3) by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





`(3) production of child pornography, as that term is defined in section 2256(8).'.CommentsClose CommentsPermalink

SEC. 3. INCREASED PENALTIES FOR CHILD SEX TRAFFICKING AND CHILD PROSTITUTION OFFENSES.

(a) In General- Section 1591(b) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `not less than 15' and inserting `not less than 30'; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking `not less than 10' and inserting `not less than 15'.CommentsClose CommentsPermalink





(b) Coercion- Section 2422 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `20 years' and inserting `30 years'; andCommentsClose CommentsPermalink





(2) in subsection (b), by striking `10 years' and inserting `15 years'.CommentsClose CommentsPermalink





(c) Transportation of Minors- Section 2423 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `10 years' and inserting `15 years';CommentsClose CommentsPermalink





(2) in subsections (b) and (c), by striking `or imprisoned not more than 30 years, or both.' and inserting `and imprisoned for not less than 10 years (unless the offense is based only on conduct that would be in violation of sections 2243 or 2244) nor more than 30 years.'; andCommentsClose CommentsPermalink





(3) in subsection (d), by striking `, imprisoned not more than 30 years, or both' and inserting `and imprisoned for not less than 10 years nor more than 30 years'.CommentsClose CommentsPermalink





(d) General Provisions- Section 1594(a) of title 18, United States Code, is amended by inserting `or conspires' after `attempts'.CommentsClose CommentsPermalink





(e) Release and Detention- Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting `, or section 1591' after `117'.CommentsClose CommentsPermalink





(f) Subpoenas- Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting `1591,' after `1201,'.CommentsClose CommentsPermalink

SEC. 4. INCREASED PENALTIES FOR CHILD SEX OFFENSES RESULTING IN DEATH, REPEATED CHILD SEX CRIMES, AND FORCIBLE RAPE.

(a) In General- Section 2245 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(b) Offenses Involving Children- A person who, in the course of an offense under this chapter, chapter 110, chapter 117, or section 1591 engages in conduct that results in the death of a person who has not attained the age of 18 years, shall be punished by death or imprisoned for not less than 30 years or for life.'.CommentsClose CommentsPermalink





(b) Classification of Offenses- Section 3559(e)(2)(A) of title 18, United States Code, is amended by striking `2423(a)' and inserting `2423'.CommentsClose CommentsPermalink





(c) Repeat Offenders- Section 2426(b)(1)(A) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `or' the first place it appears; andCommentsClose CommentsPermalink





(2) by inserting before the semicolon `, or section 1591'.CommentsClose CommentsPermalink





(d) Sexual Abuse- Section 2241 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `, imprisoned for any term of years or life, or both' and inserting `and imprisoned for any term of years not less than 10 or for life'; andCommentsClose CommentsPermalink





(2) in subsection (b), by striking `, imprisoned for any term of years or life, or both' and inserting `and imprisoned for any term of years not less than 5 or for life'.CommentsClose CommentsPermalink

SEC. 5. SEX TOURISM AND REMOVAL OF SEX OFFENDERS.

(a) In General- The Attorney General shall notify--CommentsClose CommentsPermalink





(1) the Secretary of State in a timely manner regarding any conviction of an individual of a violation of section 2423 of title 18, United States Code, for appropriate action under subsection (b) of this section; andCommentsClose CommentsPermalink





(2) the Secretary of Homeland Security in a timely manner regarding any conviction of an alien of a sex offense for appropriate action under subsection (c) of this section.CommentsClose CommentsPermalink





(b) Authority To Restrict Passport- The Secretary of State--CommentsClose CommentsPermalink





(1) shall refuse to issue a passport to an individual if the Secretary receives a notice under subsection (a) that such individual was convicted of a violation of section 2423 of title 18, United States Code; andCommentsClose CommentsPermalink





(2) may revoke, restrict, or limit a passport issued to an individual convicted of a violation of section 2423 of title 18, United States Code, if the passport was used in furtherance of that violation.CommentsClose CommentsPermalink





(c) Removal of Aliens- The Secretary of Homeland Security shall place an alien convicted of a sex offense in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).CommentsClose CommentsPermalink





(d) Grounds of Inadmissibility and Removability-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(J) SEXUAL ABUSE OF A MINOR-CommentsClose CommentsPermalink





`(i) IN GENERAL- An alien who is convicted of sexual abuse of a minor is inadmissible.CommentsClose CommentsPermalink





`(ii) SEX OFFENSES- For purposes of this subparagraph, an alien who has been convicted of a sex offense (as that term is defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be considered to have been convicted of sexual abuse of a minor. An alien convicted of a sex offense shall be ineligible for any discretionary relief under this Act.'.CommentsClose CommentsPermalink





(2) DEPORTABLE ALIENS- Section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(iii)) is amended by adding at the end the following `For purposes of this clause, an alien who has been convicted of a sex offense (as that term is defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911)) shall be considered to have been convicted of sexual abuse of a minor.'.CommentsClose CommentsPermalink





(e) Definition of Sex Offense- In this section, the term `sex offense' has the meaning given that term in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911).CommentsClose CommentsPermalink