,,ii #aaith ,,congress #ast ,session ,s4 #ccid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjbe ,mr4 ,grassley 7for himself1 ,mr4 ,durbin1 ,mrs4 ,blackburn1 and ,mr4 ,graham7 introduced the following bill2 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 material4 #a4 ,short title ,this ,act may be cited as the ,sentencing ,accountability ,for ,exploitation ,act or the ,,safe ,act4 #b4 ,amendment of ,federal sentencing guideline relating to child sexual abuse material 7a7 ,definitions ,in this section3 7#a7 ,child ,the term child means an individual who has not attained #ah years of age4 7#b7 ,child sexual abuse material ,the term child sexual abuse material has the meaning given the term child pornography in section #bbef7h7 of title #ah1 ,united ,states ,code4 7#c7 ,prohibited sexual conduct against a child ,the term prohibited sexual conduct against a child-- 7,a7 means-- 7i7 conduct committed against a child relating to-- 7,i7 kidnapping2 7,,ii7 illegal sexual abuse1 contact1 or activity2 7,,iii7 live streaming of child sexual abuse2 7,,iv7 using a child to produce child sexual abuse material2 or 7,v7 sexual exploitation1 including child sex trafficking2 or 7ii7 an attempt or conspiracy to engage in any conduct described in subclauses 7,i7 through 7,v7 of clause 7i72 7,b7 does not include conduct involving or similar to advertising1 transporting1 mailing1 distributing1 receiving1 possession1 accessing1 or viewing child sexual abuse material2 and 7,c7 does not require a conviction4 7b7 ,directive ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 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 #adff;,a1 #bbea7;d77#a77;,a71 #bbeb1 #bbeb;,a1 or #bbfj7;b7 of title #ah1 ,united ,states ,code1 in order to reflect the intent of ,congress that penalties for the offense under the guidelines and policy statements-- 7#a7 appropriately account for-- 7,a7 the actual and potential harm to victims and to the public from the offense2 and 7,b7 changes that have occurred since the relevant guidelines and policy statements were last amended with respect to-- 7i7 typical offense behavior2 and 7ii7 the use of modern computer and internet technologies2 and 7#b7 to better reflect the current spectrum of offender culpability4 7c7 ,requirements ,in carrying out subsection 7b71 the ,united ,states ,sentencing ,commission shall-- 7#a7 ensure that the ,federal sentencing guidelines and policy statements reflect-- 7,a7 the seriousness of the offenses described in that subsection2 7,b7 the need to afford adequate deterrence to commission of the offenses2 7,c7 the need for just punishment for the offenses2 7,d7 the need to protect the public from further crimes of a defendant convicted of any such offense2 and 7,e7 the need to differentiate among offenders based on their culpability and potential dangerousness2 7#b7 avoid duplicative punishment within the applicable guidelines and under the ,federal sentencing guidelines for substantially the same conduct2 7#c7 develop a guideline that accounts for-- 7,a7 whether1 prior to1 during1 or after the offense at issue1 the defendant engaged in1 conspired to engage in1 or attempted to engage in-- 7i7 an act of prohibited conduct against a child2 or 7ii7 a pattern of activity involving prohibited conduct against a child1 whether involving a single victim or multiple victims2 7,b7 whether1 prior to1 during1 or after the offense at issue1 the defendant-- 7i7 participated in a group dedicated to child sexual abuse material or prohibited conduct against a child2 or 7ii7 encouraged1 instructed1 required1 or similarly caused another individual to commit an offense involving child sexual abuse material or prohibited conduct against a child2 7,c7 whether the defendant engaged in multiple acts1 not accounted for in the defendant's criminal history or counts of conviction1 involving child sexual abuse material over an extended period of time or with a high degree of frequency2 7,d7 whether the defendant intentionally used1 or promoted the use of1 software1 technology1 procedures1 or any other means to conceal the offense or the identity or location of the defendant or any victim1 or to destroy evidence for an improper purpose1 unless accounted for in the conduct of conviction2 7,e7 whether #c or more online channels1 technologies1 platforms1 or methods were used to commit the offense2 7,f7 gradations in-- 7i7 the severity of the depicted sexually explicit conduct1 including especially severe physical or emotional trauma2 and 7ii7 the age or physical development of the minor2 7,g7 the number of items of child sexual abuse material or the number of victims involved in the offense2 7,h7 whether the offense involved distribution of child sexual abuse material1 accounting for the nature of the distribution1 including-- 7i7 distribution in order to receive any valuable consideration2 and 7ii7 distribution through any method that does not limit who can obtain the material or how many individuals can obtain the material2 7,i7 whether the offense involved the production1 creation1 or manufacture of child sexual abuse material that is not subject to the cross reference in section #b;,g#b4b7;c77#a7 of the ,united ,states ,sentencing ,guidelines ,manual to section #b;,g#b4a of the ,manual2 7,j7 whether the offense was the direct and proximate cause of the victim's death by suicide2 and 7,k7 any other conduct or factors that the ,united ,states ,sentencing ,commission determines appropriate to reflect the seriousness of the offense and differentiate among offenders2 7#d7 make any necessary conforming changes to the guidelines2 and 7#e7 ensure that the guidelines adequately meet the purposes of sentencing1 as set forth in section #ceec7;a77#b7 of title #ah1 ,united ,states ,code4 7d7 ,authority for ,united ,states ,sentencing ,commission ,in carrying out this section1 the ,united ,states ,sentencing ,commission-- 7#a7 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 legislation2 and 7#b7 in developing a guideline that comports with the requirements of this section1 particularly accounting for the factors set forth in subsection 7c77#c7-- 7,a7 may-- 7i7 design the specific offense characteristics1 including the increase in offense level that each offense characteristic would provide2 and 7ii7 define any terms2 and 7,b7 may not lower the applicable base offense level provided in section #b;,g#b4b7;a7 of the ,united ,states ,sentencing ,guidelines ,manual as in effect on the date of enactment of this ,act4 7e7 ,repeals 7#a7 ,laws ,the following provisions of law are repealed3 7,a7 ,section #fcb of the ,treasury1 ,postal ,service and ,general ,government ,appropriations ,act1 #aiib 7#bh ,u4,s4,c4 #iid note2 ,public ,law #ajb-ada74 7,b7 ,sections #b and #c of the ,sex ,crimes ,against ,children ,prevention ,act of #aiie 7#bh ,u4,s4,c4 #iid note2 ,public ,law #ajd-ga74 7,c7 ,section #dja7;i77#a7 of the ,prosecutorial ,remedies and ,other ,tools to end the ,exploitation of ,children ,today ,act of #bjjc 7#bh ,u4,s4,c4 #iid note2 ,public ,law #ajh-ba74 7#b7 ,guidelines ,section #b;,g#b4b7;b7 of the ,united ,states ,sentencing ,commission ,guidelines ,manual is amended by striking paragraph 7#g74