SAFE Act

Increased Accountability for High-Harm Crimes: The bill directs the Commission to create guidelines that account for specific egregious acts, such as prohibited sexual conduct against a child involving kidnapping, illegal sexual abuse, or sex trafficking (Section 2(b) and Section 2(c)(3)(A)).

Addressing Modern Criminal Methods: The directive requires guidelines to reflect the use of modern computer and internet technologies used to commit these offenses (Section 2(b)(1)(B)(ii)).

Enhanced Protection of Victims: The Commission is instructed to develop guidelines that account for the severity of depicted conduct, including cases involving especially severe physical or emotional trauma, as well as the age or physical development of the minor (Section 2(c)(3)(F)).

Deterrence and Public Safety: The act mandates that the updated guidelines reflect the need to afford adequate deterrence and the need to protect the public from further crimes by a convicted defendant (Section 2(c)(1)(B) and Section 2(c)(1)(D)).

Accountability for Specific Harmful Outcomes: The guidelines are to account for whether an offense was the direct and proximate cause of a victim's death by suicide (Section 2(c)(3)(J)).

Increased Sentence Severity for Certain Offenders: The bill directs the Commission to develop guidelines that increase offense levels based on various factors such as the use of multiple online channels, participation in specific groups, or the use of technology to conceal identity or destroy evidence (Section 2(c)(3)(B), (C), (D), and (E)).

Limitations on Sentence Reductions: The United States Sentencing Commission is prohibited from lowering the applicable base offense level provided in section 2G2.2(a) of the United States Sentencing Guidelines Manual (Section 2(d)(2)(B)).