,,ii  #aafth ,,congress  #b;d ,session  
,s4 #ejab  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #aa1 
#bjbj,mrs4 ,loeffler 7for herself and   
,mr4 ,cotton7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend chapter #aaj of title 
#ah1 ,united ,states ,code1 to provide  
for criminal and civil liability for an 
interactive computer service that       
willfully or recklessly promotes or     
facilitates child exploitation1 to amend
 section #bcj of the ,communications    
,act of #aicd1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,holding ,sexual ,predators and 
,online ,enablers ,accountable ,act of  
#bjbj4  #b4 ,liability for hosting child
 exploitation and other abuses of       
children  7a7 ,amendment ,chapter #aaj  
of title #ah1 ,united ,states ,code1 is 
amended by adding at the end the        
following3  #bbfj;,b4 ,liability for    
hosting child exploitation and other    

abuses of children  7a7 ,offense ,it    
shall be unlawful for any person1 using 
a facility or means of interstate       
commerce or affecting interstate or     
foreign commerce1 to-- 7#a7 own1 manage1
 or operate an interactive computer     
service 7as such term is defined in     
section #bcj7;f7 of the ,communications 
,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f777 
that promotes or facilitates the hosting
 or trafficking in any materials or     
content described in section #bbea1     
#bbea;,a1 #bbeb1 or #bbeb;,a2 and  7#b7 
act in reckless disregard of the fact   
that the conduct described in paragraph 
7#a7 contributed to a violation of      
section #bbea1 #bbea;,a1 #bbeb1 or      
#bbeb;,a4  7b7 ,penalty ,whoever        
violates this section1 or conspires or  
attempts to do so1 shall be fined under 
this title1 imprisoned for not more than
 #be years1 or both4  7c7 ,civil remedy 
7#a7 ,in general ,any person aggrieved  
by a violation of this section may bring
 a civil action in an appropriate       

district court of the ,united ,states   
for relief described in paragraph 7#b74 
7#b7 ,relief ,in a civil action brought 
under this subsection1 the court may    
award appropriate relief1 including     
damages and reasonable attorneys' fees4 
4  7b7 ,table of sections amendments    
,the table of sections for chapter #aaj 
of title #ah1 ,united ,states ,code1 is 
amended by inserting after the item     
relating to section #bbfj;,a the        
following3  #bbfj;,b4 ,liability for    
hosting child exploitation and other    
abuses of children4  4  #c4 ,sexual     
exploitation of children ,section #bbea 
of title #ah1 ,united ,states ,code1 is 
amended by striking subsection 7e7 and  
inserting the following3  7e7 ,any      
individual who violates1 or attempts or 
conspires to violate1 this section shall
 be fined under this title and          
imprisoned not less than #bj years nor  
more than #cj years1 but if such person 
has any prior conviction under this     
chapter1 section #aeia1 chapter #ga1    

chapter #aji;,a1 or chapter #aag1 or    
under section #ibj of title #aj 7article
 #abj of the ,uniform ,code of ,military
 ,justice71 or under the laws of any    
,state relating to the aggravated sexual
 abuse1 sexual abuse1 abusive sexual    
contact involving a minor or ward1 or   
sex trafficking of children1 or the     
production1 possession1 receipt1        
mailing1 sale1 distribution1 shipment1  
or transportation of child pornography1 
such person shall be fined under this   
title and imprisoned for not less than  
#ce years nor more than life4 ,any      
organization that violates1 or attempts 
or conspires to violate this section    
shall be fined under this title4        
,whoever1 in the course of an offense   
under this section1 engages in conduct  
that results in the death of a person1  
shall be punished by death or imprisoned
 for not less than #cj years or for     
life4  4  #d4 ,certain activities       
relating to material involving the      
sexual exploitation of minors ,section  

#bbeb7;b7 of title #ah1 ,united ,states 
,code1 is amended-- 7#a7 in paragraph   
7#a7-- 7,a7 by striking not less than #e
 years and inserting not less than #aj  
years2 and  7,b7 by striking not less   
than #ae years and inserting not less   
than #bj years2 and  7#b7 in paragraph  
7#b71 by striking not less than #aj     
years nor more than #bj years and       
inserting not less than #bj years nor   
more than #dj years4  #e4               
,communications ,decency ,act amendment 
,section #bcj7;e7 of the ,communications
 ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;e77 
is amended by adding at the end the     
following3  7#f7 ,no effect on sexual   
exploitation and other abuses of        
children laws ,nothing in this section  
7other than subsection 7c77#b77;,a77    
shall be construed to impair or limit-- 
7,a7 any claim in a civil action brought
 under section #bbfj;,b of title #ah1   
,united ,states ,code1 if the underlying
 claim constitutes a violation of       
section #bbfj;,b2 or  7,b7 any charge in

 a criminal prosecution brought under   
,state law if the conduct underlying the
 charge would constitute a violation of 
section #bbfj;,b of title #ah1 ,united  
,states ,code4  4