[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5012 Introduced in Senate (IS)]

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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.''.
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