S. 3394 — SAFE Act

This section directs the United States Sentencing Commission, pursuant to its authority under 28 U.S.C. 994(p), to review and amend the federal sentencing guidelines and policy statements applicable to offenses under 18 U.S.C. §§ 1466A (obscene visual representations of child sexual abuse), 2251(d)(1)(A) (enticement for production of child pornography), 2252 and 2252A (child pornography activities), and 2260(b) (near military facilities). The amendments must reflect Congress's intent that penalties account for actual and potential harm to victims, changes in typical offense behavior and modern computer/internet technologies since the guidelines' last amendment, and the spectrum of offender culpability. In amending the guidelines, the Commission must (1) ensure they reflect the offenses' seriousness, deterrence needs, just punishment, public protection, and differentiation by culpability and dangerousness; (2) avoid duplicative punishment for the same conduct; (3) account for factors including prohibited sexual conduct against a child (i.e., kidnapping, illegal sexual abuse/contact/activity, live streaming of abuse, using a child to produce child sexual abuse material, or sexual exploitation/trafficking of a child, or attempts/conspiracies thereto, excluding conduct like possession or distribution and not requiring conviction), patterns of such conduct or group participation, multiple uncharged acts, concealment technologies, use of 3+ online channels, gradations in depicted conduct severity/trauma or victim age/development, number of items/victims, distribution nature (e.g., for consideration or unlimited access), non-cross-referenced production, causing victim suicide by death, and other relevant factors; (4) make conforming changes; and (5) meet 18 U.S.C. § 3553(a)(2) sentencing purposes. The Commission may amend guidelines notwithstanding prior congressional directives.