Page:United States Statutes at Large Volume 110 Part 4.djvu/194

 110 STAT. 3009 -31 PUBLIC LAW 104-208—SEPT. 30, 1996 Amber Hagerman Child Protection Act of 1996. 18 USC 2241 note. 18 USC 2251 note. 2251, 225lA, 2252, or 2252A of title 18, United States Code"; and (2) in subsection (b)(1), by inserting before the parenthesis at the end the following: ", or if the offense involves the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children under section 2251, 225 lA, 2252, or 2252A of title 18, United States Code". Subsection 7. Amber Hagerman Child Protection Act of 1996. (a) SHORT TITLE. —This section may be cited as the "Amber Hagerman Child Protection Act of 1996". (b) AGGRAVATED SEXUAL ABUSE OF A MINOR.— Section 2241(c) of title 18, United States Code, is amended to read as follows: "(c) WITH CHILDREN.—W hoever crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances described in subsections (a) and (b) with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than that person), or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. If the defendant has previously been convicted of another Federal offense under this subsection, or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.". (c) SEXUAL ABUSE OF A MINOR. —Section 2243(a) of title 18, United States Code, is amended by inserting "crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or" after "Whoever". Subsection 8. Severability. If any provision of this Act, including any provision or section of the definition of the term child pornography, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, including any other provision or section of the definition of the term child pornography, the amendments made by this Act, and the application of such to any other person or circumstance shall not be affected thereby. This title may be cited as the "Department of Justice Appropriations Act, 1997".

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