18 U.S.C. § 2247

Repeat offenders

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(a)Maximum Term of Imprisonment.—The maximum term of imprisonment for a violation of this chapter after a prior sex offense conviction shall be twice the term otherwise provided by this chapter, unless section 3559(e) applies.(b)Prior Sex Offense Conviction Defined.—In this section, the term “prior sex offense conviction” has the meaning given that term in section 2426(b).(Added Pub. L. 103–322, title IV, § 40111(a), Sept. 13, 1994, 108 Stat. 1903; amended Pub. L. 105–314, title III, § 303, Oct. 30, 1998, 112 Stat. 2979; Pub. L. 108–21, title I, § 106(b), Apr. 30, 2003, 117 Stat. 655.)Editorial NotesAmendments

2003—Subsec. (a). Pub. L. 108–21 inserted “, unless section 3559(e) applies” before period at end.

1998—Pub. L. 105–314 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Any person who violates a provision of this chapter, after one or more prior convictions for an offense punishable under this chapter, or after one or more prior convictions under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual contact have become final, is punishable by a term of imprisonment up to twice that otherwise authorized.”

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 2002–2024 · leading case: United States v. Russell A. Breitweiser, 357 F.3d 1249 (11th Cir. 2004).

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United States v. Russell A. Breitweiser, 357 F.3d 1249 (11th Cir. 2004). · cites it 3× “The conviction on the count one violation normally triggers a two-year maximum sentence, but 18 U.S.C. § 2247 (a) allows for a doubling of the maximum for a defendant with a “prior sex offense conviction.”

United States v. Barker, 723 F.3d 315 (2d Cir. 2013). · cites it 2× “§ 2426 (b) (referenced in 18 U.S.C. § 2247 (b)) (emphasis added). Therefore, Vermont’s statutory rape provision need not mirror section 18 U.”

United States v. Clayton Lee Lockwood, 446 F.3d 825 (8th Cir. 2006). · cites it 2× “The term “prior sex offense conviction” includes a state conviction that would have been an offense under Chapter 109A if it had occurred within the special maritime and territorial jurisdiction of the United States.”

United States v. Breitweiser, 220 F. Supp. 2d 1374 (N.D. Ga. 2002). · cites it 3× “Specifically, the question before the Court was whether 18 U.S.C. § 2247 (a), which is the recidivist provision applicable to the sexual offense statute in this case, applied here.”

United States v. Christopher Mateen, 806 F.3d 857 (6th Cir. 2015). “18 U.S.C. § 2247 (b). This section provides that prior offenses triggering the mandatory minimum include any conviction “under State law for an offense consisting of conduct that would have been an offense [under chapter 117, chapter 109A, chapter 110, or section 1591] if the…”

United States v. Joseph Furey Lusk, 119 F.4th 815 (11th Cir. 2024). · cites it 2× “First, in Breitweiser, we parsed a dif- ferent enhancement, 18 U.S.C. § 2247 , which comprises different language and a different structure from the enhancement at issue here.”

United States v. Jeffrey Bruce Cramer, 414 F.3d 983 (8th Cir. 2005). “(see 18 U.S.C. §§ 2247 , 2426). In addition, section 632 of Public Law 102-141 and section 505 of Public Law 105-314 directed the Commission t,o ensure lengthy incarceration for offenders who engage in a pattern of activity involving the sexual abuse or exploitation of minors.”

United States v. Jeffrey Bruce Cramer, 396 F.3d 960 (8th Cir. 2005). “The relevant criminal provisions provide for increased statutory maximum penalties for repeat sex offenders and make those increased statutory maximum penalties available if the defendant previously was convicted of any of several federal and state sex offenses (see 18 U.S.C. §§…”

United States v. Chad Brandon Smith, 336 F. App'x 978 (11th Cir. 2009). · cites it 5× “§ 2426 (b) and 18 U.S.C. § 2247 (b). See id. at comment.”

United States v. Clayton Lockwood (8th Cir. 2006). · cites it 2× “§ 2243 (a) who has at least one prior sex offense conviction faces an increased maximum period of imprisonment under 18 U.S.C. § 2247 (a) and an increased guidelines sentencing range under U.”

Da Silva Jackson v. Nelson (W.D. Wash. 2022). “§ 2244 , 18 U.S.C. § 2247 , 18 U.S.C. § 2422 , 18 U.”

United States v. Walter James Barnes, Jr., 280 F. App'x 910 (11th Cir. 2008). “3d at 1255 (determining that the district court had properly looked past the defendant’s conviction under a New Jersey statute prohibiting the endangerment of child welfare, because it was impossible to determine from the face of the statute whether it qualified as a “prior sex…”

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