Page:United States Statutes at Large Volume 112 Part 5.djvu/222

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112 STAT. 2980 PUBLIC LAW 105-314—OCT. 30, 1998 TITLE V—INCREASED PENALTIES FOR OFFENSES AGAINST CHILDREN AND FOR REPEAT OFFENDERS 28 USC 994 note. SEC. 501. DEATH OR LIFE IN PRISON FOR CERTAIN OFFENSES WHOSE VICTIMS ARE CHILDREN. Section 3559 of title 18, United States Code, is amended by adding at the end the following: "(d) DEATH OR IMPRISONMENT FOR CRIMES AGAINST CHIL- DREN.— "(1) IN GENERAL.— Subject to paragraph (2) and notwithstanding any other provision of law, a person who is convicted of a Federal offense that is a serious violent felony (as defined in subsection (c)) or a violation of section 2422, 2423, or 2251 shall, unless the sentence of death is imposed, be sentenced to imprisonment for life, if— "(A) the victim of the offense has not attained the age of 14 years; "(B) the victim dies as a result of the offense; and "(C) the defendant, in the course of the offense, engages in conduct described in section 3591(a)(2). "(2) EXCEPTION. —With respect to a person convicted of a Federal offense described in paragraph (1), the court may impose any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in the investigation or prosecution of another person who has committed an offense, in accordance with the Federal Sentencing Guidelines and the policy statements of the Federal Sentencing Commission pursuant to section 994(p) of title 28, or for other good cause.". 28 USC 944 note. SEC. 502. SENTENCING ENHANCEMENT FOR CHAPTER 117 OFFENSES. (a) IN GENERAL. —Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines to provide a sentencing enhancement for offenses under chapter 117 of title 18, United States Code. (b) INSTRUCTION TO COMMISSION.— In carrying out subsection (a), the United States Sentencing Commission shall ensure that the sentences, guidelines, and policy statements for offenders convicted of offenses described in subsection (a) are appropriately severe and reasonably consistent with other relevant directives and with other Federal Sentencing Guidelines. 28 USC 944 note. SEC. 503. INCREASED PENALTIES FOR USE OF A COMPUTER IN THE SEXUAL ABUSE OR EXPLOITATION OF A CHILD. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall— (1) review the Federal Sentencing Guidelines for— (A) aggravated sexual abuse under section 2241 of title 18, United States Code; (B) sexual abuse under section 2242 of title 18, United States Code; (C) sexual abuse of a minor or ward under section 2243 of title 18, United States Code; and