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S. 5012Senate116th Congress (2019-2021)In Committee

Holding Sexual Predators and Online Enablers Accountable Act of 2020

Sponsored by Kelly LoefflerSen. Kelly Loeffler (R-GA)
Introduced December 11, 2020

AI-Generated Summary

Updated April 14, 2026 at 4:12 PM UTC

The Holding Sexual Predators and Online Enablers Accountable Act of 2020 creates new criminal and civil liability for online platforms that knowingly or recklessly promote or facilitate child sexual exploitation. It adds a new offense (Section 2260B) targeting interactive computer services, raises penalties for existing child‑exploitation crimes, and clarifies that Section 230 of the Communications Act does not shield such conduct. The bill affects internet service providers, social media companies, and anyone operating interactive computer services, as well as individuals convicted of child sexual abuse offenses.

Key Provisions

  • Creates a new federal crime (Section 2260B) for any interactive computer service that willfully or recklessly promotes or facilitates child‑exploitation material, punishable by up to 25 years in prison, fines, and allows civil lawsuits by victims.
  • Amends Section 2251 to increase mandatory prison terms for child sexual abuse offenses to 20‑30 years, and to 35 years‑life for repeat offenders or those with related prior convictions.
  • Raises minimum prison sentences in Section 2252(b) for child‑pornography offenses, increasing the lower bounds to 10‑20 years and 20‑40 years respectively.
  • Amends Section 230(e) to state that the online‑platform immunity provision does not apply to civil claims or state criminal charges arising from violations of the new Section 2260B.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

December 11, 2020

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SenateIntro Referral

Introduced in Senate

December 11, 2020

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

December 11, 2020

Bill Text

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Introduced in SenateIssued December 11, 2020

II

116th CONGRESS

2d Session

S. 5012

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.

1.

Short title

This Act may be cited as the Holding Sexual Predators and Online Enablers Accountable Act of 2020.

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:

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.

.

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.

.

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.

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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