Bill > S3394

This bill, known as the Sentencing Accountability For Exploitation Act or SAFE Act, directs the United States Sentencing Commission to update federal sentencing guidelines related to child sexual abuse material. The bill defines "child" as anyone under 18 and "prohibited sexual conduct against a child" to include acts like kidnapping, illegal sexual abuse, live streaming of abuse, using a child to produce such material, or sexual exploitation, including sex trafficking, and attempts or conspiracies to do so, but specifically excludes mere possession or distribution of the material itself. The Sentencing Commission must review and amend guidelines for offenses involving child sexual abuse material to better reflect the actual and potential harm to victims and the public, account for modern technology and typical offender behavior, and differentiate offender culpability. This includes developing guidelines that consider factors such as engaging in prohibited conduct, participating in groups dedicated to child exploitation, encouraging others to commit offenses, repeated or prolonged offenses, using technology to conceal crimes, the number of online channels used, the severity of the depicted abuse and the victim's age, the number of victims or items of material, distribution methods, whether the offense led to a victim's death by suicide, and any other factors the Commission deems appropriate. The Commission is authorized to amend existing guidelines, even if they were created by prior congressional directives, and to define terms, but cannot lower the base offense level for certain offenses. The bill also repeals several prior laws and amends specific sentencing guidelines.

Justice

https://www.congress.gov/bill/119th-congress/senate-bill/3394/all-info