Holding Sexual Predators and Online Enablers Accountable Act of 2020
This bill establishes a new criminal offense for owning, managing, or operating an interactive computer service (e.g., social media company) that promotes or facilitates the hosting or trafficking in materials that involve child sexual exploitation.
A violator is subject to criminal penalties—a fine, a prison term of up to 25 years, or both. The bill also authorizes civil remedies such as damages.
Additionally, the bill increases the mandatory minimum prison term for certain offenses involving child sexual exploitation.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5012 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 5012
To amend chapter 110 of title 18, United States Code, to provide for
criminal and civil liability for an interactive computer service that
willfully or recklessly promotes or facilitates child exploitation, to
amend section 230 of the Communications Act of 1934, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2020
Mrs. Loeffler (for herself and Mr. Cotton) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend chapter 110 of title 18, United States Code, to provide for
criminal and civil liability for an interactive computer service that
willfully or recklessly promotes or facilitates child exploitation, to
amend section 230 of the Communications Act of 1934, and for other
purposes.
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 ``Holding Sexual Predators and Online
Enablers Accountable Act of 2020''.
SEC. 2. LIABILITY FOR HOSTING CHILD EXPLOITATION AND OTHER ABUSES OF
CHILDREN.
(a) Amendment.--Chapter 110 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2260B. Liability for hosting child exploitation and other abuses
of children
``(a) Offense.--It shall be unlawful for any person, using a
facility or means of interstate commerce or affecting interstate or
foreign commerce, to--
``(1) own, manage, or operate an interactive computer
service (as such term is defined in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f))) that promotes or
facilitates the hosting or trafficking in any materials or
content described in section 2251, 2251A, 2252, or 2252A; and
``(2) act in reckless disregard of the fact that the
conduct described in paragraph (1) contributed to a violation
of section 2251, 2251A, 2252, or 2252A.
``(b) Penalty.--Whoever violates this section, or conspires or
attempts to do so, shall be fined under this title, imprisoned for not
more than 25 years, or both.
``(c) Civil Remedy.--
``(1) 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 (2).
``(2) Relief.--In a civil action brought under this
subsection, the court may award appropriate relief, including
damages and reasonable attorneys' fees.''.
(b) Table of Sections Amendments.--The table of sections for
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2260A the following:
``2260B. Liability for hosting child exploitation and other abuses of
children.''.
SEC. 3. SEXUAL EXPLOITATION OF CHILDREN.
Section 2251 of title 18, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Any individual who violates, or attempts or conspires to
violate, this section shall be fined under this title and imprisoned
not less than 20 years nor more than 30 years, but if such person has
any prior conviction under this chapter, section 1591, chapter 71,
chapter 109A, or chapter 117, or under section 920 of title 10 (article
120 of the Uniform Code of Military Justice), or under the laws of any
State relating to the aggravated sexual abuse, sexual abuse, abusive
sexual contact involving a minor or ward, or sex trafficking of
children, or the production, possession, receipt, mailing, sale,
distribution, shipment, or transportation of child pornography, such
person shall be fined under this title and imprisoned for not less than
35 years nor more than life. Any organization that violates, or
attempts or conspires to violate this section shall be fined under this
title. Whoever, in the course of an offense under this section, engages
in conduct that results in the death of a person, shall be punished by
death or imprisoned for not less than 30 years or for life.''.
SEC. 4. CERTAIN ACTIVITIES RELATING TO MATERIAL INVOLVING THE SEXUAL
EXPLOITATION OF MINORS.
Section 2252(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``not less than 5 years'' and
inserting ``not less than 10 years''; and
(B) by striking ``not less than 15 years'' and
inserting ``not less than 20 years''; and
(2) in paragraph (2), by striking ``not less than 10 years
nor more than 20 years'' and inserting ``not less than 20 years
nor more than 40 years''.
SEC. 5. COMMUNICATIONS DECENCY ACT AMENDMENT.
Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e))
is amended by adding at the end the following:
``(6) No effect on sexual exploitation and other abuses of
children laws.--Nothing in this section (other than subsection
(c)(2)(A)) shall be construed to impair or limit--
``(A) any claim in a civil action brought under
section 2260B of title 18, United States Code, if the
underlying claim constitutes a violation of section
2260B; or
``(B) any charge in a criminal prosecution brought
under State law if the conduct underlying the charge
would constitute a violation of section 2260B of title
18, United States Code.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line