H.R. 6167 – Prevention and Deterrence of Crimes Against Children Act of 2008

110th CONGRESS

2d Session

H. R. 6167

IN THE HOUSE OF REPRESENTATIVES

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 concerned

A BILL

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.

Short title

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

Increased penalties for child pornography offenses

(a)

In general

Section 2251(e) of title 18, United States Code, is amended—

(1)

by striking 15 years nor more than 30 years and inserting 20 years or for life; and

(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.

(b)

Other offenses

Sections 2252(b) and 2252A(b) of title 18, United States Code, are each amended—

(1)

in paragraph (1)—

(A)

by striking 5 years and not more than 20 years and inserting 15 years or for life; and

(B)

by striking not less than 15 years nor more than 40 years. and inserting life.; and

(2)

in paragraph (2)—

(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;

(B)

by inserting section 1591, after this chapter,; and

(C)

by striking 10 years nor more than 20 years. and inserting 20 years or for life..

(c)

Domain names

Section 2252B(b) of title 18, United States Code, is amended by striking 10 years and inserting 20 years.

(d)

Transportation of minors

Section 2423(f) of title 18, United States Code, is amended—

(1)

by striking means (1) a and inserting the following: “means—

(1)

;

(2)

by striking ; or (2) any and inserting the following: “;

(2)

any

;

(3)

by striking the period at the end and inserting ; or; and

(4)

by adding at the end the following:

(3)

production of child pornography, as that term is defined in section 2256(8).

Increased penalties for child sex trafficking and child prostitution offenses

(a)

In general

Section 1591(b) of title 18, United States Code, is amended—

(1)

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

(2)

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

(b)

Coercion

Section 2422 of title 18, United States Code, is amended—

(1)

in subsection (a), by striking 20 years and inserting 30 years; and

(2)

in subsection (b), by striking 10 years and inserting 15 years.

(c)

Transportation of minors

Section 2423 of title 18, United States Code, is amended—

(1)

in subsection (a), by striking 10 years and inserting 15 years;

(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.; and

(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.

(d)

General provisions

Section 1594(a) of title 18, United States Code, is amended by inserting or conspires after attempts.

(e)

Release and detention

Section 3156(a)(4)(C) of title 18, United States Code, is amended by inserting , or section 1591 after 117.

(f)

Subpoenas

Section 3486(a)(1)(D) of title 18, United States Code, is amended by inserting 1591, after 1201,.

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:

(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.

(b)

Classification of offenses

Section 3559(e)(2)(A) of title 18, United States Code, is amended by striking 2423(a) and inserting 2423.

(c)

Repeat offenders

Section 2426(b)(1)(A) of title 18, United States Code, is amended—

(1)

by striking or the first place it appears; and

(2)

by inserting before the semicolon , or section 1591.

(d)

Sexual abuse

Section 2241 of title 18, United States Code, is amended—

(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; and

(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.

Sex tourism and removal of sex offenders

(a)

In general

The Attorney General shall notify—

(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; and

(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.

(b)

Authority To restrict passport

The Secretary of State—

(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; and

(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.

(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).

(d)

Grounds of inadmissibility and removability

(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:

(J)

Sexual abuse of a minor

(i)

In general

An alien who is convicted of sexual abuse of a minor is inadmissible.

(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.

(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..

(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).

Prevention and Deterrence of Crimes Against Children Act of 2008

Legislative Activity

Bill Text