110 HR 6167 IH: Prevention and Deterrence of Crimes
U.S. House of Representatives
2008-06-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Prevention and Deterrence of Crimes
Against Children Act of 2008
.
2.Increased
penalties for child pornography offenses
(a)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)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)Section 2252B(b) of title 18, United States Code, is
amended by striking 10 years
and inserting 20
years
.
(d)Section 2423(f) of
title 18, United States Code, is amended—
(1)by striking
means (1) a
and inserting the following: “means—
(1)a
;
(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).
.
3.Increased
penalties for child sex trafficking and child prostitution offenses
(a)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)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)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)Section 1594(a) of title 18, United States Code, is
amended by inserting or conspires
after
attempts
.
(e)Section 3156(a)(4)(C) of title 18, United States Code,
is amended by inserting , or section 1591
after
117
.
(f)Section
3486(a)(1)(D) of title 18, United States Code, is amended by inserting
1591,
after 1201,
.
4.Increased
penalties for child sex offenses resulting in death, repeated child sex crimes,
and forcible rape
(a)Section 2245 of title 18, United States Code, is amended
by adding at the end the following:
(b)Offenses
Involving ChildrenA 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
offensesSection 3559(e)(2)(A) of title 18, United States Code,
is amended by striking 2423(a)
and inserting
2423
.
(c)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)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
.
5.Sex tourism and
removal of sex offenders
(a)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 passportThe 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)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)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)
(i)An alien who is convicted of sexual abuse of a minor is
inadmissible.
(ii)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)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 offenseIn 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).