Death Penalty for Child Rapists Act — Full text

Section 1. Short title

This Act may be cited as the Death Penalty for Child Rapists Act.

(a) Aggravated sexual abuse

Section 2241(c) of title 18, United States Code, is amended by striking shall be fined under this title and imprisoned for not less than 30 years or for life and inserting shall be punished by death or imprisonment for any term of years or for life and by a fine under this title.

(b) Sexual abuse of a minor

Section 2243(a) of title 18, United States Code, is amended by striking shall be fined under this title, imprisoned not more than 15 years, or both and inserting shall be punished by death or imprisonment for any term of years or for life, by a fine under this title, or by both.

(c) Abusive sexual contact

Section 2244 of title 18, United States Code, is amended—

(1) in paragraph (a)(3), by striking shall be fined under this title, imprisoned not more than two years, or both and inserting shall be punished by death or imprisonment for any term of years or for life, by a fine under this title, or by both;

(2) in paragraph (a)(5), by striking shall be fined under this title and imprisoned for any term of years or for life and inserting shall be punished by death or imprisonment for any term of years or for life, by a fine under this title, or by both; and

(3) in subsection (c), by—

(A) striking (other than subsection (a)(5)); and

(B) striking maximum term of imprisonment that may be imposed for the offense shall be twice that otherwise provided in this section and inserting maximum punishment that may be imposed for the offense shall be death or imprisonment for any term of years or for life.

(d) Sentence of death

Section 3591(a) of title 18, United States Code, is amended—

(1) in paragraph (1) by striking or at the end;

(2) by redesignating paragraph (2) as paragraph (3); and

(3) by inserting after paragraph (1) the following:

(2) an offense described in section 2241, section 2243, or section 2244 against a child; or

Section 3. Authorization of death penalty for offense of rape of a child under the uniform code of military justice

Section 920b(a) of title 10, United States Code (article 120b(a) of the Uniform Code of Military Justice), is amended by inserting by death, or such other punishment after shall be punished.

Section 4. Severability

If any provision of this Act or any amendment made by this Act, or the application of a provision of this Act or an amendment made by this Act to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provision or amendment to any person or circumstance, shall not be affected by the holding.