WASHINGTON, D.C. – U.S. Senator Thom Tillis (R-NC), a member of the Senate Judiciary Committee, recently co-introduced legislation that would protect children from sexual exploitation by enhancing the penalties for possessing child pornography and by preventing judges from sentencing offenders below federal guidelines.

The epidemic of child pornography in the United States is growing exponentially. Just over a decade ago, the number of images of child sexual abuse material online was less than 1 million. That number grew to 45 million in 2018, and to 85 million in 2021. 

“There is bipartisan consensus that Congress must act to ensure we impose strong penalties on people in possession of child pornography,” said Senator Tillis. “The PROTECT Act will protect our children and ensure sexual predators receive the appropriate sentence for receiving or possessing child pornography.”

By federal statute, judges are required to sentence criminals within ranges set by the federal “Sentencing Guidelines,” subject to some exceptions. In 2003, Congress passed the original PROTECT Act to curtail the exceptions—and enhance the penalties—in child pornography cases. In 2005, the Supreme Court gutted in a controversial 5-4 decision in United States v. Booker. Since then, some federal judges have used their discretion to impose lenient sentences on child porn offenders.

The PROTECT Act of 2022 would: 

• Enhance the penalties for possessing child pornography.
  • Federal law imposes a 5-year mandatory-minimum for receiving child pornography but not for possessing it. There is no meaningful difference between possession and receipt. This change will align the penalties and apply a 5-year mandatory minimum to both offenses to ensure that every child pornography offender goes to jail. 
• Make the Guidelines binding again.
  • The Supreme Court declared in United States v. Booker that the Guidelines cannot be binding if based on facts found by a judge after trial. This bill would prohibit judges from sentencing below the Guidelines range for facts found during trial or admitted by the defendant. This change will ensure that judges impose tougher sentences on child pornography offenders. 

View legislative text for the PROTECT Act of 2022 here.

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