Criminal Law

Appendix B - Selected Sentencing Statutes

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Appendix BGUIDELINES MANUALNovember 1, 2005

"(7) the extent to which Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; and

"(8) any other factor that the United States Sentencing Commission considers to be appropriate."

Increased Penalties for Chapter 117 Offenses. Pub.L. 105-314, Title V, § 502, Oct. 30, 1998, 112 Stat. 2980 provided:

"(a) In general.)Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines to provide a sentencing enhancement for offenses under chapter 117 [18 U.S.C.A. § 2421 et seq.] 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."

Increased Penalties for Use of a Computer in the Sexual Abuse or Exploitation of a Child.

Pub.L. 105-314, Title V, § 503, Oct. 30, 1998, 112 Stat. 2980, provided: "Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], 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

"(D) coercion and enticement of a minor under section 2422(b) of title 18, United States Code, contacting a minor under section 2422(c) of title 18, United States Code, and transportation of minors and travel under section 2423 of title 18, United States Code; and

"(2) upon completion of the review under paragraph (1), promulgate amendments to the Federal Sentencing Guidelines to provide appropriate enhancement if the defendant used a computer with the intent to persuade, induce, entice, coerce, or facilitate the transport of a child of an age specified in the applicable provision of law referred to in paragraph (1) to engage in any prohibited sexual activity."

Increased Penalties for Knowing Misrepresentation in the Sexual Abuse or Exploitation of a Child.

Pub.L. 105-314, Title V, § 504, Oct. 30, 1998, 112 Stat. 2981, provided: "Pursuant to its authority under section 994(p) of title 28, United States Code [subsec. (p) of this section], the United States Sentencing Commission shall—

"(1) review the Federal Sentencing Guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, sexual abuse under section 2242 of title 18, United States Code, sexual abuse of a minor or ward under section 2243 of title 18, United States Code, coercion and enticement of a minor under section 2422(b) of title 18, United States Code, contacting a minor under section 2422(c) of title 18, United States Code, and transportation of minors and travel under section 2423 of title 18, United States Code; and

"(2) upon completion of the review under paragraph (1), promulgate amendments to the Federal Sentencing Guidelines to provide appropriate enhancement if the defendant knowingly misrepresented the actual identity of the defendant with the intent to persuade, induce, entice, coerce, or facilitate the transport of a child of an age specified in the applicable provision of law referred to in paragraph (1) to engage in a prohibited sexual activity."

Increased Penalties for Pattern of Activity of Sexual Exploitation of Children. Pub.L. 105-314, Title V, §505, Oct. 30, 1998, 112 Stat. 2981 provided:

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