Paula Bohovesky and Joan D’Alessandro Act
- Sponsor
- Rep. Lawler, Michael [R-NY-17]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 8, 2025
Bottom line
The bill expands the scope of federal sexual offenses against minors that are eligible for the most severe penalties, including death or life imprisonment, by raising the victim's age threshold from under 14 to under 18.
What it actually does
This bill amends title 18, United States Code, specifically section 3559(d)(1)(A), to expand the definition of a 'crime of violence' for federal sentencing purposes. It adds sexual offenses where the victim has not attained the age of 18 years to the list of crimes that can trigger enhanced penalties, which can include life imprisonment or the death penalty under existing law. Previously, this section applied to victims under 14 years.
Proponents argue
Proponents argue that this bill strengthens protections for children by ensuring that individuals who commit sexual offenses against minors face the most severe federal penalties available. They contend it provides justice for victims and acts as a strong deterrent against such heinous crimes, reflecting society's condemnation of child sexual abuse and closing a perceived loophole in current law.
Opponents contend
Opponents might argue that existing laws already provide significant penalties for child sexual abuse and that expanding the scope of offenses eligible for the death penalty or life imprisonment raises concerns about the application of such extreme punishments, potential for wrongful convictions, and disproportionate sentencing. Some may also question the effectiveness of the death penalty as a deterrent or advocate for a focus on prevention and rehabilitation.
The bill is extremely short and straightforward, requiring minimal time to read and understand its direct impact on federal sentencing law.
Section 2
Expanding Penalties for Sexual Offenses Against Minors
This section amends a specific part of federal law, 18 U.S.C. 3559(d)(1)(A), which defines certain 'crimes of violence' that are subject to enhanced sentencing. Currently, this section applies to offenses where the victim is under 14 years old. The bill expands this to include any sexual offense where the victim has not attained the age of 18 years, thereby making these crimes eligible for the most severe federal penalties, which can include life imprisonment or the death penalty under certain circumstances.
Supporters argue
Supporters argue that this provision is a necessary step to ensure that the most heinous crimes against children are met with the most severe consequences, providing a stronger deterrent and a measure of justice for victims and their families. They believe it closes a loophole by extending the enhanced penalties to all sexual offenses against minors up to age 18, recognizing the severe trauma inflicted regardless of the specific age within the minor category.
Critics contend
Opponents may argue that existing federal sentencing guidelines already provide substantial penalties for child sexual abuse, and that expanding the scope of offenses eligible for the death penalty or life imprisonment could lead to overly harsh sentences or raise constitutional concerns regarding cruel and unusual punishment. Some may also argue that the focus should be on prevention and rehabilitation rather than solely on punitive measures.
Tradeoffs
The bill balances the desire for severe punishment and deterrence for child sexual abuse against concerns about the scope and application of extreme penalties, including the death penalty, and potential legal challenges related to sentencing proportionality and the Eighth Amendment.