[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3014
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2008
Mr. Grassley (for himself, Mr. Kyl, and Mr. Vitter) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
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.
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 ``Prevention and Deterrence of Crimes
Against Children Act of 2008''.
SEC. 2. 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) 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).''.
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--
(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,''.
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:
``(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''.
SEC. 5. 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).
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