Sentencing Federal Sex Offenders: Degrees of Depravity and Danger

Paul J. Hofer, U.S. Sentencing Commission
Kevin R. Blackwell, U.S. Sentencing Commission

ABSTRACT
The federal courts sentence a wide range of sex offenders. In previous years, many have been Native Americans who are subject to federal jurisdiction through their residence on tribal lands. In the past two years, increasing numbers of sex offenders have been prosecuted under the FBI's "Innocent Images" program, which is targeted at inter-state crimes committed over the Internet. All offenders are sentenced under the federal sentencing guidelines, which were designed to rationalize punishment and establish uniform penalties for similar offenders. The variety of offenders now in federal court highlights the need for careful differentiation among offenders in light of the purposes of punishment. The guideline for criminal sexual abuse of a minor--stautory rape--has been criticized as inqdequate both for punishing offenders whose conduct includes aggravating factors, such as enticement or coercion of the victim, and for incapacitating offenders who are sexual predators presenting an unacceptable risk of recidivism. This paper describes efforts by Congress and the Sentencing Commission to improve the sentencing of federal sex offenders.

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Updated 05/20/2006