Child Protection Restoration and Penalties Enhancement Act of 1989

Summary

Child Protection Restoration and Penalties Enhancement Act of 1989 - Title I: Restoration of Recordkeeping Requirements - Amends the Child Protection and Obscenity Enforcement Act of 1988 to prohibit: (1) knowingly selling or otherwise transferring, or offering for sale or transfer, any book, magazine, periodical, film, videotape, or other matter produced with materials which have been mailed or shipped in interstate or foreign commerce or intended for such shipment, which contains one or more visual depictions of actual sexually explicit conduct and which does not have affixed to it a statement of the location of records with respect to the performance depicted on every copy of such matter; or (2) any person to whom such Act applies from failing to create or maintain records required by, or from knowingly failing to comply with provisions of, such Act or from knowingly making a false entry or failing to make an appropriate entry in such records. Deletes provisions providing that proof that a person fails to comply with recordkeeping requirements raises a rebuttable presumption that a performer (i.e., a person depicted engaging in, or assisting another to engage in, sexually explicit conduct) was a minor. Establishes criminal penalties for violations of such Act. Title II: Penalties for Kidnapping Children - Sets mandatory minimum sentences for the kidnapping of a child (under age 18) by an individual who is age 18 or over and is not a parent, grandparent, brother, sister, aunt, uncle, or an individual having legal custody of the victim. Specifies penalties of 30 years' imprisonment without aggravating conduct or life imprisonment if specified aggravating conduct occurs (including the selling of the victim, sexually abusing such victim, using the victim for pornography, intentionally denying such victim food or medical care or harming such victim to a life-threatening extent, or causing such victim to be subjected to any such conduct by another). Requires the offender to be sentenced to mandatory life imprisonment without release if such offender engages in any such aggravating conduct after such a prior conviction has become final. Title III: Sexual Abuse Penalties - Sets a minimum sentence of 30 years imprisonment for knowingly engaging or attempting to engage in a sexual act with a child under age 12. Specifies that anyone who engages in such conduct after such a conviction or engages in such conduct by force or threat shall be sentenced to mandatory life imprisonment without release. Increases penalties for the sexual exploitation of children, abuse of a minor, abusive sexual conduct, the selling or buying of children, and for certain activities involving sexual exploitation of minors.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 1 November 1989

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