Special considerations for sex offenders - Columbia Law School

contained in the website coding. 160 Also, the Act criminalizes using the Internet to distribute a date rapedrug if one has knowledge or reasonable cause to believe that the drug will be used in “criminal sexualconduct” or that the purchaser is not “authorized.” 161 Finally, a new crime has been established for failureto register, which is discussed in Part G(3)(c) above.3. Sentence Increases: Mandatory MinimumsA mandatory minimum sentence is the shortest, or least severe, possible sentence a court can give youif you are convicted of a certain crime. The Act established new mandatory minimums for a number ofsexual crimes, including:(1) New mandatory minimums for a “crime of violence against the person of an individual who hasnot attained the age of 18,” including murder, kidnapping, acts that result in serious bodily injury,and others; 162 and(2) New mandatory minimum of fifteen years for sex trafficking accomplished through force, fraud,or coercion involving a minor under fourteen. 1634. Sentence Increases: Statutory MaximumsA statutory maximum is the longest, or most severe, possible sentence a court is allowed to give you ifyou are convicted of a certain crime. The Act established new statutory maximums (increasing the previousstatutory maximums) for a number of sexual crimes, including:(1) Sexual abuse, which can now result in a life imprisonment sentence, whereas previously themaximum sentence was twenty years; 164(2) Sexual abuse of a ward, which now carries a maximum sentence of fifteen years; 165(3) Coercing or transporting a minor to engage in criminal sexual activity, which can now result in alife imprisonment sentence; 166(4) Child pornography-related charges if death results, which can now lead to life imprisonment; 167(5) Using a misleading domain name on the Internet with intent to deceive a minor into viewingharmful content, which now carries a maximum sentence of ten years; 168(6) Using a minor located outside of the U.S. to produce a sexually explicit depiction to be importedinto the U.S., which could have a maximum sentence of thirty years, if the perpetrator has no priorconvictions and the conduct did not result in death; 169(7) Failure to report child abuse, which now carries a maximum sentence of one year; 170 and(8) Murder in the course of committing an enumerated sex crime, 171 which can now result in the deathpenalty.5. Statute of LimitationsA statute of limitations is the amount of time within which the legal proceedings against a defendantmust take place. The amount of time begins on the date of the alleged offense, and varies usually dependingon the severity of the offense. However, the Act has done away with this rule for certain offenses, meaningthat the legal proceedings against a defendant can begin at any time, regardless of when the alleged crimetook place.Under the Act, there is no longer a statute of limitations for any felony listed in Chapter 109A (SexualAbuse), Chapter 110 (Sexual Exploitation and Other Abuse of Children) except for violations of the record-160. 18 U.S.C. § 2252C(a) (2006).161. 21 U.S.C. §§ 841(g)(1)(A)–(B) (2006).162. 18 U.S.C. §§ 3559(f)(1)–(3) (2006).163. 18 U.S.C. §§ 1591(b)(1)–(2) (2006).164. 18 U.S.C. § 2242 (2006).165. 18 U.S.C. § 2243(b) (2006).166. 18 U.S.C. §§ 2422(b), 2423(a) (2006).167. 18 U.S.C. § 2251(e) (2006).168. 18 U.S.C. § 2252B (2006).169. 18 U.S.C. §§ 2260(c)(1), 2251(e) (2006).170. 18 U.S.C. § 2258 (2006).171. 18 U.S.C. § 2245 (2006).