Page:United States Statutes at Large Volume 108 Part 3.djvu/281

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PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 2033 SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT KILLINGS. (a) TRAVEL ACT PENALTIES.— Section 1952(a) of title 18, United States Code, is amended by striking "and thereafter performs or attempts to perform any of the acts specified in subparagraphs (1), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both." and inserting "and thereafter performs or attempts to perform— "(A) an act described in paragraph (1) or (3) shall be fined under this title, imprisoned not more than 5 years, or both; or "(B) an act described in paragraph (2) shall be fined under this title, imprisoned for not more than 20 years, or both, and if death results shall be imprisoned for any term of years or for life.". (b) MURDER CONSPIRACY PENALTIES.— Section 1958(a) of title 18, United States Code, is amended by inserting "or who conspires to do so" before "shall be fined" the first place it appears. SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME. 28 USC 994 note. (a) DIRECTIVE TO SENTENCING COMMISSION. —(1) The United Guidelines. States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense shall receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense. (2) The Commission shall provide that the guideline enhancement promulgated pursuant to paragraph (1) shall apply for any offense in relation to which the defendant has solicited, procured, recruited, counseled, encouraged, trained, directed, commanded, intimidated, or otherwise used or attempted to use any person less than 18 years of age with the intent that the minor would commit a Federal offense. (b) RELEVANT CONSIDERATIONS.— In implementing the directive in subsection (a), the Sentencing Commission shall consider— (1) the severity of the crime that the defendant intended the minor to commit; (2) the number of minors that the defendant used or attempted to use in relation to the offense; (3) the fact that involving a minor in a crime of violence is frequently of even greater seriousness than involving a minor in a drug trafficking offense, for which the guidelines already provide a two-level enhancement; and (4) the possible relevance of the proximity in age between the offender and the minor(s) involved in the offense. TITLE XV—CRIMINAL STREET GANGS SEC. 150001. CRIMINAL STREET GANGS. (a) IN GENERAL.— Part I of title 18, United States Code, is amended by inserting after chapter 25 the following new chapter: