Page:United States Statutes at Large Volume 117.djvu/674

 PUBLIC LAW 108–21—APR. 30, 2003

117 STAT. 655

minor into prostitution), or 2423(a) (relating to transportation of minors); ‘‘(B) the term ‘State sex offense’ means an offense under State law that is punishable by more than one year in prison and consists of conduct that would be a Federal sex offense if, to the extent or in the manner specified in the applicable provision of this title— ‘‘(i) the offense involved interstate or foreign commerce, or the use of the mails; or ‘‘(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country (as defined in section 1151); ‘‘(C) the term ‘prior sex conviction’ means a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State sex offense; ‘‘(D) the term ‘minor’ means an individual who has not attained the age of 17 years; and ‘‘(E) the term ‘State’ has the meaning given that term in subsection (c)(2). ‘‘(3) NONQUALIFYING FELONIES.—An offense described in section 2422(b) or 2423(a) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that— ‘‘(A) the sexual act or activity was consensual and not for the purpose of commercial or pecuniary gain; ‘‘(B) the sexual act or activity would not be punishable by more than one year in prison under the law of the State in which it occurred; or ‘‘(C) no sexual act or activity occurred.’’. (b) CONFORMING AMENDMENT.—Sections 2247(a) and 2426(a) of title 18, United States Code, are each amended by inserting ‘‘, unless section 3559(e) applies’’ before the final period. SEC. 107. ATTEMPT LIABILITY FOR INTERNATIONAL PARENTAL KIDNAPPING.

Section 1204 of title 18, United States Code, is amended— (1) in subsection (a), by inserting ‘‘, or attempts to do so,’’ before ‘‘or retains’’; and (2) in subsection (c)— (A) in paragraph (1), by inserting ‘‘or the Uniform Child Custody Jurisdiction and Enforcement Act’’ before ‘‘and was’’; and (B) in paragraph (2), by inserting ‘‘or’’ after the semicolon. SEC. 108. PILOT PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS AND FEASIBILITY STUDY.

(a) ESTABLISHMENT OF PILOT PROGRAM.— (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish a pilot program for volunteer groups to obtain national

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