S. 3394

[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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