FEDERAL MANDATORY MINIMUM SENTENCING: SEXUAL OFFENSES AND AGGRAVATED IDENTITY THEFT

FEDERAL MANDATORY MINIMUM SENTENCING: SEXUAL OFFENSES AND AGGRAVATED IDENTITY THEFT

Library of Congress Cataloging-in-Publication Data

CONTENTS

PREFACE

Chapter 1: MANDATORY MINIMUM SENTENCING FOR FEDERAL SEX OFFENSES: AN OVERVIEW

SUMMARY

INTRODUCTION

BACKGROUND

What Is a Mandatory Minimum?

CONSTITUTIONAL CONSIDERATIONS

Legislative Authority

Cruel and Unusual Punishment

Separation of Powers

Equal Protection

Recidivism, Ex Post Facto and Double Jeopardy

FEDERAL ENCLAVES AND PRISONS

Chapter 109A Offenses

Definitions

Aggravated Sexual Abuse

Sexual Abuse

Abusive Sexual Contact

Repeated Sex Offenses against Children

Restitution

Supervised Release

TRAVEL AND COMMERCE

Chapter 117

Coercion and Enticement

Transportation of a Minor

Travel to Sexually Abuse a Child

Commercial Sex Trafficking of a Child or by Force

Murder in the Course of Certain Sexual Offenses

Restitution and Supervised Release

CHILD PORNOGRAPHY

Production of Child Pornography

Subsection 2251(a): Use of a Child to Produce

Subsection 2251(b): Permitting the Use of a Child to Produce

Subsection 2251(c): Overseas Production

Subsection 2251(d): Advertising

Selling or Buying Children for Pornographic Purposes

Certain Activities Involving Child Pornography (Real Child)

Transporting

Receipt or Distribution

Sale or Possession with Intent to Sell

Recidivist Possession

Certain Activities Involving Child Pornography (Real and Virtual)

Transporting

Receipt or Distribution

Reproduction or Promotion

Sale or Intent to Sell

Offering Child Pornography to a Child

Recidivist Possession

Child Molesting Enterprises

Restitution and Supervised Release

End Notes

Chapter 2: MANDATORY MINIMUM SENTENCING: FEDERAL AGGRAVATED IDENTITY THEFT

SUMMARY

INTRODUCTION

ELEMENTS

Whoever

During and in Relation to

Subsection (c) Felony Predicates

Federal Crimes of Terrorism Predicates

Knowingly

Transfers, Possesses, or Uses

Without Lawful Authority

A Means of Identification

Of Another Person

SENTENCING

SENTENCING COMMISSION REPORT

ATTACHMENTS

Two-Year Predicate Offenses

Terrorist Predicate Offenses

End Notes

INDEX