SAFE Act
Sponsored By: Senator Grassley, Chuck [R-IA]
Introduced
Summary
This bill would require the U.S. Sentencing Commission to rewrite federal sentencing guidelines so penalties for child sexual abuse material match the actual harm and offender culpability. It directs the Commission to reflect modern internet technology and offender behavior when setting penalties.
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- Families and victims: Guidelines must weigh victim age, the number of victims, and harms up to causation of suicide so sentences reflect victim impact.
- Offenders and defendants: Sentences would be more granular and could increase for actions like production, live streaming, coordinating or coercing others, use of multiple online channels, and distribution for valuable consideration. The bill bars lowering the current base offense level in guideline 2G2.2(a).
- Courts and the Sentencing Commission: The Commission would review and amend guidelines for multiple child sexual exploitation statutes, add specific offense characteristics and definitions, and repeal certain older statutory provisions and paragraph (7) of guideline 2G2.2(b).
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Clear definitions for child offenses
If enacted, the bill would define key terms used for child sexual crime sentencing. "Child" would mean anyone under 18. "Child sexual abuse material" would use the definition in 18 U.S.C. 2256(8). The bill would define "prohibited sexual conduct against a child" to list kidnapping, illegal sexual abuse or contact, live-streamed abuse, using a child to produce abuse material, and sexual exploitation including child sex trafficking. That definition would exclude acts like advertising, mailing, possession, accessing, or viewing abuse material. The bill would also say a conviction is not required for conduct to count as prohibited conduct.
Tougher sentences for child sexual crimes
If enacted, the bill would direct the U.S. Sentencing Commission to revise federal sentencing rules for offenses under 18 U.S.C. 1466A, 2251(d)(1)(A), 2252, 2252A, and 2260(b). The Commission would be told to weigh harm to victims, modern internet and computer use, offender culpability, and many specific factors like multiple online channels, number of items or victims, and distribution or production conduct. The Commission would have authority to add new offense characteristics and definitions, and to make needed conforming changes. The bill would bar lowering the base offense level in guideline 2G2.2(a) as of enactment.
Repeal of certain child-crime rules
If enacted, the bill would repeal three statutory provisions tied to prior child-crime sentencing directives. Those include Section 632 of the Treasury, Postal Service and General Government Appropriations Act, 1992 (Pub. L. 102-141); Sections 2 and 3 of the Sex Crimes Against Children Prevention Act of 1995 (Pub. L. 104-71); and Section 401(i)(1) of the PROTECT Act of 2003 (Pub. L. 108-21). The bill would also strike paragraph (7) of guideline 2G2.2(b) in the Sentencing Commission manual. These changes would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Grassley, Chuck [R-IA]
IA • R
Cosponsors
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 12/9/2025
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 12/9/2025
Sen. Graham, Lindsey [R-SC]
SC • R
Sponsored 12/9/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 12/17/2025
Sen. Moody, Ashley [R-FL]
FL • R
Sponsored 2/11/2026
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 2/11/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 2/11/2026
Sen. Cruz, Ted [R-TX]
TX • R
Sponsored 2/26/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov