Criminal Law

Appendix B - Selected Sentencing Statutes

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November 1, 2005GUIDELINES MANUALAppendix B

Enhanced Penalties for Kidnapping Offenses Involving Children; Promulgation of Guidelines. Pub.L. 101-647, Title IV, § 401, Nov. 29, 1990, 104 Stat. 4819, amended 18 U.S.C. § 1201 by adding 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–

"(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 amended 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 of the conduct specified in this section by another person, then increase by 2 levels."

Report on Mandatory Minimum Sentencing Provisions. Pub.L. 101-647, Title XVII, § 1703, 104 Stat. 4845, provided that:

"(a) Report.—Not less than six months after the date of enactment of this Act, the United States Sentencing Commission shall transmit to the respective Judiciary Committees of the Senate and House of Representatives a report on mandatory minimum sentencing provisions in Federal law.

"(b) Components of Report.—The report mandated by subsection (a) shall included:

"(1) a compilation of all mandatory minimum sentencing provisions in Federal law;

"(2) an assessment of the effect of mandatory minimum sentencing provisions on the goal of eliminating unwarranted sentencing disparity;

"(3) a projection of the impact of mandatory minimum sentencing provisions on the Federal prison population;

"(4) an assessment of the compatibility of mandatory minimum sentencing provisions and the sentencing guidelines system established by the Sentencing Reform Act of 1984;

"(5) a description of the interaction between mandatory minimum sentencing provisions and plea agreements;

"(6) a detailed empirical research study of the effect of mandatory minimum penalties in the Federal system;

"(7) a discussion of mechanisms other than mandatory minimum sentencing laws by which Congress can express itself with respect to sentencing policy, such as:

"(A) specific statutory instructions to the Sentencing Commission;

"(B) general statutory instructions to the Sentencing Commission;

"(C) increasing or decreasing the maximum sentence authorized for particular crimes;

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