This act adjusts federal sentencing guidelines to ensure convictions for sexual offenses against minors under 18 count toward specific sentencing enhancements.
Michael Lawler
Representative
NY-17
The Paula Bohovesky and Joan D’Alessandro Act amends federal sentencing guidelines to ensure that convictions for sexual offenses against minors under 18 count toward specific sentencing enhancements. This change adjusts the rules under 18 U.S.C. § 3559(d)(1)(A) regarding when certain sentencing triggers are met. The goal is to strengthen how prior offenses against children impact current sentencing decisions.
This legislation, officially named the Paula Bohovesky and Joan D’Alessandro Act, targets federal sentencing guidelines for serious offenders. Essentially, it changes how the government counts past crimes when deciding if a convicted person qualifies for the harshest possible sentences.
Under current federal law (specifically 18 U.S.C. § 3559(d)(1)(A)), there are rules that allow the courts to apply significantly enhanced sentences—think much longer prison terms—for individuals deemed career or dangerous offenders. These rules usually require a specific threshold of prior serious offenses. This new bill adjusts that calculation, focusing specifically on sexual offenses committed against victims under 18 years old.
Here’s the core change: If someone is convicted of a sexual offense against a minor (under 18), that conviction must now be counted toward the threshold that triggers these severe sentencing enhancements. Crucially, this applies even if the specific crime itself would not normally meet the standard 14-year threshold mentioned elsewhere in that statute. In short, prior offenses against minors are now explicitly weighted to ensure they contribute to the criteria for enhanced, longer sentences.
For everyday people, this is a change in the machinery of justice, but it has a very real impact. The goal is clear: to ensure that individuals with a history of sexual crimes against children face the maximum available punitive measures under federal law. If a prosecutor is building a case against a repeat offender, this provision makes it easier and more certain that past offenses involving minors will result in the longest possible sentences, potentially keeping these individuals incarcerated for significantly extended periods.
However, changes to sentencing guidelines like this are always a big deal. They expand the criteria for applying severe enhancements, which means more people will fall into the category of "career or dangerous offender" under this specific statute. While the focus is on protecting children, the mechanism is a structural shift that broadens the reach of mandatory, harsher penalties within the federal criminal justice system. Individuals convicted of these specific crimes will face a much higher certainty of maximum incarceration under these guidelines.