Page:United States Statutes at Large Volume 104 Part 6.djvu/429

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4819 "(2) Whoever violates paragraph (4) of subsection (a) shall be fined under this title or imprisoned for not more than five years, or both.". (b) Paragraph (2) of subsection 2252(a) of title 18, United States Code, is amended by striking "that has been transported or shipped in interstate or foreign commerce by any means including by computer or mailed" and inserting "that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer,". (c) Section 1460 of title 18, United States Code, is amended— (1) in subsection (a), by striking "or a visual depiction of a minor engaging in or assisting another person to engage in sexually explicit conduct," and (2) so that subsection (b) reads as follows: "(b) For the purposes of this section, the term 'visual depiction' includes undeveloped film and videotape but does not include mere words.". TITLE IV—OFFENSES INVOLVING CHILDREN SEC. 401. SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN. Section 1201 of title 18, United States Code, is amended by adding at the end the following new subsection: "(g) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN. — "(1) To WHOM APPLICABLE.— If— "(A) the victim of an offense under this section has not attained the age of eighteen years; and "(B) the offender— y "(i) has attained such age; and "(ii) is not— "(I) a parent; "(II) a grandparent; - -

"(III) a brother; > "(IV) a sister; . -^,;, "(V) an aunt; "(VI) an uncle; or "(VII) an individual having legal custody of the victim; the sentence under this section for such offense shall be subject ^ to paragraph (2) of this subsection. "(2) GUIDELINES.—The United States Sentencing Commission is directed to amend the existing guidelines for the offense of 'kidnapping, abduction, or unlawful restraint,' by including the following additional specific offense characteristics: If the . victim was intentionally maltreated (i.e., denied either food or medical care) to a life-threatening degree, increase by 4 levels; if the victim was sexually exploited (i.e., abused, used involuntarily for pornographic purposes) increase by 3 levels; if the victim was placed in the care or custody of another person who does not have a legal right to such care or custody of the child either in exchange for money or other consideration, increase by 3 levels; if the defendant allowed the child to be subjected to any