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Makes possession and related offenses involving obscene, exploitative, or pornographic child material punishable by death or life imprisonment by changing penalty language in three federal criminal statutes (18 U.S.C. 1466A, 2252(b), and 2252A(b)). The bill replaces existing penalty provisions so that certain covered offenses carry the new maximum sentences.
Amend 18 U.S.C. 1466A(a) by replacing the existing penalty language that directed application of section 2252A(b)(1) penalties with the text: 'shall be fined and punished by death or imprisoned for life'.
Amend 18 U.S.C. 1466A(b) by replacing the existing penalty language that directed application of section 2252A(b)(2) penalties with the text: 'shall be fined and punished by death or imprisoned for life'.
Replace subsection (b) of 18 U.S.C. 2252 so that it reads: 'Whoever violates, or attempts or conspires to violate paragraph (1), (2), (3), or (4) of subsection (a) shall be fined and punished by death or imprisoned for life.'
Replace subsection (b) of 18 U.S.C. 2252A so that it reads: 'Whoever violates, or attempts or conspires to violate paragraph (1), (2), (3), (4), (5), (6), or (7) of subsection (a) shall be fined and punished by death or imprisoned for life.'
Directly affected people and systems include defendants charged under the amended statutes, victims of child sexual exploitation, federal prosecutors, defense counsel, federal courts, and the Bureau of Prisons. Defendants would face substantially higher maximum exposure (life or death), which could change charging decisions, plea bargaining, and sentencing outcomes. Prosecutors would have the statutory authority to pursue the most severe penalties where facts permit; DOJ charging and capital prosecution policies would govern actual application. Victims and advocacy organizations may see this as strengthening punishment, though research on deterrence for possession/distribution offenses is limited. Federal courts would likely face increased constitutional litigation (Eighth Amendment challenges) and more complex sentencing and capital procedures. If life sentences or death penalties are sought more frequently, the federal prison system could face higher long-term costs and population effects. The bill does not provide appropriations or implementation programs, so any operational impacts (e.g., prosecutorial resources, prison costs, appellate workload) would be absorbed within existing agency budgets unless separate funding is later provided. Finally, because the Supreme Court has previously ruled on death for certain non-homicide sexual offenses, the statute may invite significant legal challenges and uncertain judicial outcomes.
Amends subsection (a) and subsection (b) to replace prior penalty language with a penalty of death or life imprisonment.
Revises subsection (b) to set the penalty for violations (or attempts or conspiracies) of specified paragraphs of subsection (a) to death or life imprisonment.
Revises subsection (b) to set the penalty for violations (or attempts or conspiracies) of specified paragraphs of subsection (a) to death or life imprisonment.
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Referred to the House Committee on the Judiciary.
Introduced January 14, 2025 by Anna Luna · Last progress January 14, 2025
Referred to the House Committee on the Judiciary.
Introduced in House