Statement of Chairman Lamar Smith

on H.R. 2146,

the "Two Strikes and You're Out Child Protection Act"

Pursuant to notice, the Subcommittee on Crime will markup H.R. 2146, the "Two Strikes and You're Out Child Protection Act." H.R. 2146, introduced by Rep. Mark Green, a member of this Subcommittee, would establish a mandatory sentence of life imprisonment for twice-convicted child sex offenders.

Any person convicted of a "Federal sex offense" against a person under the age of 18 who has been previously convicted of a similar offense would be subject to a mandatory minimum sentence of life imprisonment.

The term "Federal sex offense," as defined in the bill, includes various crimes of sexual abuse committed against children, and the interstate transportation of minors for sexual purposes.

According to the United States Department of Justice's Bureau of Justice Statistics, since 1980, the number of prisoners sentenced for violent sexual assault other than rape increased by an annual average of nearly 15 percent - faster than any other category of violent crime. Of the estimated 95,000 sex offenders in state prisons today, well over 60,000 most likely committed their crime against a child under 18.

Compounding this growing problem is the high rate of recidivism among sex offenders. A review of frequently cited studies of sex offender recidivism indicates that offenders who molest young girls repeat their crimes at rates up to 25 percent, and offenders who molest young boys, at rates up to 40 percent. Moreover, the recidivism rates do not appreciably decline as offenders age.

Another factor that makes these numbers disturbing is that many serious sex crimes are never even reported to authorities. National data and criminal justice experts indicate that sex offenders are apprehended for a fraction of the crimes they actually commit. By some estimates, only one in every three to five serious sex offenses are reported to authorities and only 3 percent of such crimes ever result in the apprehension of an offender.

Studies confirm that a single child molester can abuse hundreds of children. It goes without saying that any attack is devastatingly tragic for the victim and will leave a scar that will be carried throughout life. The effects of sexual abuse resonate from victim, to family, and continues to weave its way through the fabric of our communities.

Children have the right to grow up protected from sexual predators and free from abuse. H. R. 2146 would protect America's children by permanently removing the worst offenders from our society - those who repeatedly victimize children.

I would like to thank Mr. Green for sponsoring this legislation, and I urge my colleagues to support the bill.