SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN.

SEC 401. SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN. Section 1201 of title 18, United States Code, is amended by adding at the end the following new subsection: “(g) Special Rule for Certain Offenses Involving Children.— “(1) To whom applicable.— If— “(A) the victim of an offense under this section has not attained the age of eighteen years; and “(B) the offender— “(i) has attained such age; and “(ii) is not— “(I) a parent; “(II) a grandparent; “(III) a brother; “(IV) a sister; “(V) an aunt; “(VI) an uncle; or “(VII) an individual having legal custody of the victim; the sentence under this section for such offense shall be subject to paragraph (2) of this subsection. “(2) Guidelines.— The United States Sentencing Commission is directed to amend the existing guidelines for the offense of ‘kidnapping, abduction, or unlawful restraint,’ by including the following additional specific offense characteristics: If the victim was intentionally maltreated (i.e., denied either food or medical care) to a life-threatening degree, increase by 4 levels; if the victim was sexually exploited (i.e., abused, used involuntarily for pornographic purposes) increase by 3 levels; if the victim was placed in the care or custody of another person who does not have a legal right to such care or custody of the child either in exchange for money or other consideration, increase by 3 levels; if the defendant allowed the child to be subjected to any 104 STAT. 4820 of the conduct specified in this section by another person, then increase by 2 levels.”.