AMENDMENT 372

Amendment: Chapter Two, Part G, Subpart 2 is amended by inserting additional guidelines with accompanying commentary as §2G2.4 (Receipt or Possession of Materials Depicting a Minor Engaged in Sexually Explicit Conduct) and §2G2.5 (Recordkeeping Offenses Involving the Production of Sexually Explicit Materials).

Section 2G2.2 is amended in the title by deleting "Transporting, Receiving, or"; and by inserting at the end "; Receiving, Transporting, Advertising, or Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic".

The Commentary to §2G2.2 captioned "Statutory Provisions" is amended by deleting "1460,".

Section 2G3.1(c)(1) is amended by deleting "(Transporting, Receiving, or Trafficking in Material Involving the Sexual Exploitation of a Minor)" and inserting in lieu thereof "(Trafficking in Material Involving the Sexual Exploitation of a Minor; Receiving, Transporting, Advertising, or Possessing Material Involving the Sexual Exploitation of a Minor with Intent to Traffic) or §2G2.4 (Receipt or Possession of Materials Depicting a Minor Engaged in Sexually Explicit Conduct), as appropriate".

Reason for Amendment: This amendment inserts an additional guideline at §2G2.4 to address offenses involving receipt or possession of materials depicting a minor engaged in sexually explicit conduct, as distinguished from offenses involving trafficking in such material, which continue to be covered under §2G2.2. Offenses involving receipt or transportation of such material for the purpose of trafficking are referenced to §2G2.2 on the basis of the underlying conduct (subsection (c)(2)). Similarly, offenses in which the underlying conduct is more appropriately addressed as sexual exploitation of a minor are referenced to that guideline (subsection (c)(1)). Among the offenses covered by this guideline is a new offense created by Section 323 of the Crime Control Act of 1990 (Public Law 101-647). In addition, this amendment inserts an additional guideline at §2G2.5 to address a recordkeeping offense created by Section 311 of the Crime Control Act of 1990 (Public Law 101-647).

Effective Date: The effective date of this amendment is November 1, 1991.