SEX CRIMES AGAINST CHILDREN PREVENTION ACT OF 1995 (PUB. L. 104-71)

Sexual Exploitation of Children; Child Pornography. Pub.L. 104–71, § 2, Dec. 23, 1995, 109 Stat. 774, provided:

“Sec. 2. Increased Penalties for Certain Conduct Involving the Sexual Exploitation of Children.

The United States Sentencing Commission shall amend the sentencing guidelines to—

(1) increase the base offense level for an offense under section 2251 of title 18, United States Code, by at least 2 levels; and

(2) increase the base offense level for an offense under section 2252 of title 18, United States Code, by at least 2 levels.”

Use of Computers in Sexual Exploitation of Children. Pub.L. 104–71, § 3, Dec. 23, 1995, 109 Stat. 774, provided:

“Sec. 3. Increased Penalties for Use of Computers in Sexual Exploitation of Children.

The United States Sentencing Commission shall amend the sentencing guidelines to increase the base offense level by at least 2 levels for an offense committed under section 2251(c)(1)(A) or 2252(a) of title 18, United States Code, if a computer was used to transmit the notice or advertisement to the intended recipient or to transport or ship the visual depiction.”

Transportation of Minors with Intent to Engage in Criminal Sexual Activity. Pub.L. 104–71, § 4, Dec. 23, 1995, 109 Stat. 774, provided:

“Sec. 4. Increased Penalties for Transportation of Children With Intent to Engage in Criminal Sexual Activity.

The United States Sentencing Commission shall amend the sentencing guidelines to increase the base offense level for an offense under section 2423(a) of title 18, United States Code, by at least 3 levels.”

Report on Child Pornography and Other Sex Offenses Against Children. Pub.L. 104–71, § 6, Dec. 23, 1995, 109 Stat. 774, provided:

“Sec. 6. Report by the United States Sentencing Commission.

Not later than 180 days after the date of the enactment of this Act, the United States Sentencing Commission shall submit a report to Congress concerning offenses involving child pornography and other sex offenses against children. The Commission shall include in the report—

(1) an analysis of the sentences imposed for offenses under sections 2251, 2252, and 2423 of title 18, United States Code, and recommendations regarding any modifications to the sentencing guidelines that may be appropriate with respect to those offenses;

(2) an analysis of the sentences imposed for offenses under sections 2241, 2242, and 2243, and 2244 of title 18, United States Code, in cases in which the victim was under the age of 18 years, and recommendations regarding any modifications to the sentencing guidelines that may be appropriate with respect to those offenses;

(3) an analysis of the type of substantial assistance that courts have recognized as warranting a downward departure from the sentencing guidelines relating to offenses under section 2251 or 2252 of title 18, United States Code;

(4) a survey of the recidivism rate for offenders convicted of committing sex crimes against children, an analysis of the impact on recidivism of sexual abuse treatment provided during or after incarceration or both, and an analysis of whether increased penalties would reduce recidivism for those crimes; and

(5) such other recommendations with respect to the offenses described in this section as the Commission deems appropriate.”

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