H.R. 2735 — Strengthening Child Exploitation Enforcement Act

This section amends federal criminal statutes on kidnapping (18 U.S.C. §1201), sexual abuse (chapter 109A), and transportation of minors for illicit sexual conduct (18 U.S.C. §2423) as follows: (1) In the kidnapping statute, expands the definition of prohibited conduct in subsections (a) and (b) to include obtaining a person by defrauding or deceiving any person (in addition to abducting); and adds to subsection (g) a rule providing that consent is not a defense for offenses involving victims under 16 years old unless the offender establishes by a preponderance of the evidence a reasonable belief that the victim was at least 16 years old. (2) In the sexual abuse statutes, replaces the jurisdictional element in §2241(c)—requiring a minor victim to cross a State line—with a requirement to travel in interstate or foreign commerce (applies to conduct before, on, or after enactment); adds §2243(f) to prohibit, in federal prisons or special jurisdictions, knowingly causing the intentional non-clothed touching of any person's genitalia by a person under 16 years old with intent to abuse, humiliate, harass, degrade, or sexually arouse or gratify any person (with penalties mirroring those for sexual acts under §§2241-2243); and in §2244, adds penalties for attempts equivalent to completed offenses, expands subsection (b) to cover causing a minor under 16 years old to engage in or attempt sexual contact without permission, and expands subsection (c) to cover attempted sexual contact with individuals unable to consent. (3) In §2423(f)(1), broadens prohibited "illicit sexual conduct" with travel-involving minors from a sexual act to any conduct involving a minor.

This section makes conforming amendments relating to abusive sexual contact offenses under 18 U.S.C. §2244. It (1) revises penalty tiers in 18 U.S.C. §250(b) for civil rights offenses committed during federally protected activities involving sexual misconduct by updating cross-references in paragraphs (2), (4), (5), and (6) to specific subparagraphs of §2244(a)(1), attempts under §2244(a)(2), and §2244(b) (generally excluding contact through clothing); and (2) amends the offense classification statute (18 U.S.C. §3559) to (A) specify subparagraphs (A) and (B) of §2244(a)(1) (from §§2244(a)(1) and (a)(2)) in the definition of serious violent felony for mandatory life imprisonment of recidivists under the federal three-strikes law (subsection (c)(2)(F)(i)) and (B) specify §2244(a)(1)(A) (from §2244(a)(1)) in another definition (subsection (e)(2)(A)).