[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3394 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3394

    To direct the United States Sentencing Commission to amend the 
     sentencing guideline relating to child sexual abuse material.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2025

Mr. Grassley (for himself, Mr. Durbin, Mrs. Blackburn, and Mr. Graham) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To direct the United States Sentencing Commission to amend the 
     sentencing guideline relating to child sexual abuse material.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sentencing Accountability For 
Exploitation Act'' or the ``SAFE Act''.

SEC. 2. AMENDMENT OF FEDERAL SENTENCING GUIDELINE RELATING TO CHILD 
              SEXUAL ABUSE MATERIAL.

    (a) Definitions.--In this section:
            (1) Child.--The term ``child'' means an individual who has 
        not attained 18 years of age.
            (2) Child sexual abuse material.--The term ``child sexual 
        abuse material'' has the meaning given the term ``child 
        pornography'' in section 2256(8) of title 18, United States 
        Code.
            (3) Prohibited sexual conduct against a child.--The term 
        ``prohibited sexual conduct against a child''--
                    (A) means--
                            (i) conduct committed against a child 
                        relating to--
                                    (I) kidnapping;
                                    (II) illegal sexual abuse, contact, 
                                or activity;
                                    (III) live streaming of child 
                                sexual abuse;
                                    (IV) using a child to produce child 
                                sexual abuse material; or
                                    (V) sexual exploitation, including 
                                child sex trafficking; or
                            (ii) an attempt or conspiracy to engage in 
                        any conduct described in subclauses (I) through 
                        (V) of clause (i);
                    (B) does not include conduct involving or similar 
                to advertising, transporting, mailing, distributing, 
                receiving, possession, accessing, or viewing child 
                sexual abuse material; and
                    (C) does not require a conviction.
    (b) Directive.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of an offense under section 
1466A, 2251(d)(1)(A), 2252, 2252A, or 2260(b) of title 18, United 
States Code, in order to reflect the intent of Congress that penalties 
for the offense under the guidelines and policy statements--
            (1) appropriately account for--
                    (A) the actual and potential harm to victims and to 
                the public from the offense; and
                    (B) changes that have occurred since the relevant 
                guidelines and policy statements were last amended with 
                respect to--
                            (i) typical offense behavior; and
                            (ii) the use of modern computer and 
                        internet technologies; and
            (2) to better reflect the current spectrum of offender 
        culpability.
    (c) Requirements.--In carrying out subsection (b), the United 
States Sentencing Commission shall--
            (1) ensure that the Federal sentencing guidelines and 
        policy statements reflect--
                    (A) the seriousness of the offenses described in 
                that subsection;
                    (B) the need to afford adequate deterrence to 
                commission of the offenses;
                    (C) the need for just punishment for the offenses;
                    (D) the need to protect the public from further 
                crimes of a defendant convicted of any such offense; 
                and
                    (E) the need to differentiate among offenders based 
                on their culpability and potential dangerousness;
            (2) avoid duplicative punishment within the applicable 
        guidelines and under the Federal sentencing guidelines for 
        substantially the same conduct;
            (3) develop a guideline that accounts for--
                    (A) whether, prior to, during, or after the offense 
                at issue, the defendant engaged in, conspired to engage 
                in, or attempted to engage in--
                            (i) an act of prohibited conduct against a 
                        child; or
                            (ii) a pattern of activity involving 
                        prohibited conduct against a child, whether 
                        involving a single victim or multiple victims;
                    (B) whether, prior to, during, or after the offense 
                at issue, the defendant--
                            (i) participated in a group dedicated to 
                        child sexual abuse material or prohibited 
                        conduct against a child; or
                            (ii) encouraged, instructed, required, or 
                        similarly caused another individual to commit 
                        an offense involving child sexual abuse 
                        material or prohibited conduct against a child;
                    (C) whether the defendant engaged in multiple acts, 
                not accounted for in the defendant's criminal history 
                or counts of conviction, involving child sexual abuse 
                material over an extended period of time or with a high 
                degree of frequency;
                    (D) whether the defendant intentionally used, or 
                promoted the use of, software, technology, procedures, 
                or any other means to conceal the offense or the 
                identity or location of the defendant or any victim, or 
                to destroy evidence for an improper purpose, unless 
                accounted for in the conduct of conviction;
                    (E) whether 3 or more online channels, 
                technologies, platforms, or methods were used to commit 
                the offense;
                    (F) gradations in--
                            (i) the severity of the depicted sexually 
                        explicit conduct, including especially severe 
                        physical or emotional trauma; and
                            (ii) the age or physical development of the 
                        minor;
                    (G) the number of items of child sexual abuse 
                material or the number of victims involved in the 
                offense;
                    (H) whether the offense involved distribution of 
                child sexual abuse material, accounting for the nature 
                of the distribution, including--
                            (i) distribution in order to receive any 
                        valuable consideration; and
                            (ii) distribution through any method that 
                        does not limit who can obtain the material or 
                        how many individuals can obtain the material;
                    (I) whether the offense involved the production, 
                creation, or manufacture of child sexual abuse material 
                that is not subject to the cross reference in section 
                2G2.2(c)(1) of the United States Sentencing Guidelines 
                Manual to section 2G2.1 of the Manual;
                    (J) whether the offense was the direct and 
                proximate cause of the victim's death by suicide; and
                    (K) any other conduct or factors that the United 
                States Sentencing Commission determines appropriate to 
                reflect the seriousness of the offense and 
                differentiate among offenders;
            (4) make any necessary conforming changes to the 
        guidelines; and
            (5) ensure that the guidelines adequately meet the purposes 
        of sentencing, as set forth in section 3553(a)(2) of title 18, 
        United States Code.
    (d) Authority for United States Sentencing Commission.--In carrying 
out this section, the United States Sentencing Commission--
            (1) may amend provisions of the Federal sentencing 
        guidelines that were promulgated pursuant to any other specific 
        congressional directives or legislation directly amending the 
        guidelines and promulgate amendments that would result in 
        sentencing ranges different than those that would have applied 
        under such directives or legislation; and
            (2) in developing a guideline that comports with the 
        requirements of this section, particularly accounting for the 
        factors set forth in subsection (c)(3)--
                    (A) may--
                            (i) design the specific offense 
                        characteristics, including the increase in 
                        offense level that each offense characteristic 
                        would provide; and
                            (ii) define any terms; and
                    (B) may not lower the applicable base offense level 
                provided in section 2G2.2(a) of the United States 
                Sentencing Guidelines Manual as in effect on the date 
                of enactment of this Act.
    (e) Repeals.--
            (1) Laws.--The following provisions of law are repealed:
                    (A) Section 632 of the Treasury, Postal Service and 
                General Government Appropriations Act, 1992 (28 U.S.C. 
                994 note; Public Law 102-141).
                    (B) Sections 2 and 3 of the Sex Crimes Against 
                Children Prevention Act of 1995 (28 U.S.C. 994 note; 
                Public Law 104-71).
                    (C) Section 401(i)(1) of the Prosecutorial Remedies 
                and Other Tools to end the Exploitation of Children 
                Today Act of 2003 (28 U.S.C. 994 note; Public Law 108-
                21).
            (2) Guidelines.--Section 2G2.2(b) of the United States 
        Sentencing Commission Guidelines Manual is amended by striking 
        paragraph (7).
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