AMENDMENT 435

Amendment: Section 2G2.2 is amended in the title by deleting "Advertising, or" and inserting in lieu thereof "Shipping, or Advertising Material Involving the Sexual Exploitation of a Minor;".

Section 2G2.2(a) is amended by deleting "13" and inserting in lieu thereof "15".

Section 2G2.2(b) is amended by inserting the following additional subdivision:

"(4) If the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor, increase by 5 levels.".

Section 2G2.2(b)(2) is amended by inserting "by" immediately following "event".

The Commentary to §2G2.2 captioned "Statutory Provisions" is amended by deleting "2252" and inserting in lieu thereof "2252(a)(1)-(3)".

The Commentary to §2G2.2 captioned "Application Notes" is amended by redesignating Note 4 as Note 5; by inserting the following as Note 4:

"‘Pattern of activity involving the sexual abuse or exploitation of a minor,’ for the purposes of subsection (b)(4), means any combination of two or more separate instances of the sexual abuse or the sexual exploitation of a minor, whether involving the same or different victims.";

and in Note 5 (formerly Note 4) by inserting "exploited or" immediately before "abused"; by deleting "is warranted" and inserting in lieu thereof "may be warranted"; and by inserting ", as well as whether the defendant has received an enhancement under subsection (b)(4) on account of such conduct" immediately after "conduct".

Reason for Amendment: This amendment implements the instructions to the Commission in Section 632 of Public Law 102-141, the Treasury, Postal Service and General Government Appropriations Act of 1992.

Effective Date: The effective date of this amendment is November 27, 1991.