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Bipartisan Legislation Seeks to Close Child Exploitation Loophole in Existing Federal Law

BISMARCK – While federal law routinely penalizes recidivist child exploitation offenders for their crimes, a loophole in the existing Uniform Code of Military Justice (UCMJ) fails to sufficiently discipline repeated child exploitation offenders with prior military convictions. To close this significant loophole, U.S. Senator Kevin Cramer (R-ND) joined U.S. Senator Marco Rubio (R-FL) in cosponsoring his Parity for Child Exploitation Offenders Act to ensure enhanced sentencing for defendants with prior federal, state, or military convictions related to sex or child sexual exploitation.

A companion measure was introduced the House by U.S. Representatives Claudia Tenney (R-NY-24) and Deborah Ross (D-NC-02).

“Protecting our children, the most vulnerable and innocent members of society, is our most fundamental duty. Regrettably, existing laws contain unacceptable loopholes which fail to adequately penalize offenders of child exploitation crimes,” said Cramer. “Effectively addressing these gaps will ensure that repeat offenders of child exploitation, sentenced under the Uniform Code of Military Justice, are held accountable and judged by the same standards as those without prior military convictions. I look forward to working further with my colleagues to pass this legislation and ensure the safety of all children.”

“Those convicted of multiple child pornography and related offenses should face increased sentences. Ensuring that this loophole is closed is long overdue, and it is with great pride that I introduce this legislation with bipartisan and bicameral support. We must continue to work hard against the great evil of sexual abuse, especially relating to minors,” said Senator Rubio.

The Parity for Child Exploitation Offenders Act proposes amendments to several statutes under Title 18 of the U.S. Code to ensure repeated military offenders receive enhanced sentencing when compared to their civilian counter parts. Upon implementation, bill would also address the disparity in sentencing for child pornography-related offenses under the Uniform Code of Military Justice, which were previously excluded from enhanced sentencing provisions.

Additional cosponsors include U.S. Senators Amy Klobuchar (D-MN), Marsha Blackburn (R-TN), Kirsten Gillibrand (D-NY), Mike Lee (R-UT), Angus King (I-ME), Mike Braun (R-IN), Tim Kaine (D-VA), Ted Budd (R-NC), Catherine Cortez-Masto (D-NV), Katie Britt (R-AL), John Fetterman (D-PA), Maggie Hassan (D-NH), Susan Collins (R-ME), Bill Cassidy (R-LA), Jacky Rosen (D-NV), and Bob Casey (D-PA).

Further highlighting the critical nature of this legislation, this bill is supported by the U.S. Department of Justice, U.S. Department of Defense, and advocacy groups such as Raven, Paving the Way Foundation, the National Center on Sexual Exploitation, and RAINN. 

Click here for bill text.

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