II 

113TH CONGRESS 

2D SESSION S. 2536 

To amend title 18, United States Code, to provide for enhanced criminal 

and civil remedies in the protection of children and other victims of 

commercial sexual exploitation and related crimes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 26, 2014 

Mr. KIRK (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide for enhanced criminal and civil remedies in the protection of 

children and other victims of commercial sexual exploitation and related crimes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Advertising Vic5 tims of Exploitation Act of 2014’’ or the ‘‘SAVE Act’’. 

6 SEC. 2. FINDINGS AND CONSTRUCTION OF PROVISIONS. 

7 Congress finds that— 


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1 (1) sex trafficking is modern day slavery and 

2 violates the Thirteenth Amendment to the Constitu3 tion of the United States; 

4 (2) this Act and the amendments made by this 

5 Act are enacted as an exercise of the authority of 

6 Congress to enforce the Thirteenth Amendment to 

7 the Constitution of the United States by appropriate 

8 legislation; 

9 (3) this Act and the amendments made by this 

10 Act are also enacted as an exercise of the authority 

11 of Congress under the commerce clause of section 8 

12 of article I of the Constitution of the United States 

13 to regulate, by appropriate legislation, the instru14 mentalities of interstate and foreign commerce, as 

15 well as that which directly and materially affects 

16 interstate and foreign commerce; and 

17 (4) this Act and the amendments made by this 

18 Act should be liberally construed to effectuate its re19 medial purposes to the full extent permitted by the 

20 First Amendment to the Constitution of the United 

21 States, including the commercial speech doctrine. 


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1 SEC. 3. PROTECTION OF CHILDREN AND OTHER VICTIMS 

2 OF COMMERCIAL SEXUAL EXPLOITATION. 

3 (a) IN GENERAL.—Chapter 77 of title 18, United 

4 States Code, is amended by inserting after section 1591 

5 the following: 

6 ‘‘§ 1591A. Commercial sexual exploitation 

7 ‘‘(a) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) ADULT ADVERTISEMENT.—The term 

10 ‘adult advertisement’ means any advertisement 

11 that— 

12 ‘‘(A) is subject to the recordkeeping re13 quirements under section 2257; or 

14 ‘‘(B) is designed, in whole or in part, to in15 duce a lawful or unlawful commercial exchange 

16 for— 

17 ‘‘(i) a sexual act or sexual contact, as 

18 those terms are defined in section 2246; 

19 ‘‘(ii) sexually explicit conduct, as de20 fined in section 2256; 

21 ‘‘(iii) a commercial sex act, as defined 

22 in section 103 of the Trafficking Victims 

23 Protection Act of 2000 (22 U.S.C. 7102); 

24 or 

25 ‘‘(iv) the goods or services of an adult 

26 escort or erotic performer involving any 


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1 commercial exchange described in clause 

2 (i), (ii), or (iii). 

3 ‘‘(2) ADVERTISEMENT.—The term ‘advertise4 ment’ includes any written or verbal statement, illus5 tration, or depiction in any medium which is de6 signed, in whole or in part, to induce a lawful or un7 lawful commercial exchange of a good or service for 

8 money, property, or another item of value, including 

9 another good or service. 

10 ‘‘(3) COMMERCIALLY PROMOTE.—The term 

11 ‘commercially promote’ means to aid, abet, counsel, 

12 command, induce, procure, or cause the creation, 

13 placement, distribution, publication, or maintenance 

14 of any advertisement, or any series of advertise15 ments, in exchange for any financial gain, property, 

16 or other item of value, obtained from any informa17 tion content provider of any such advertisement or 

18 any series of advertisements. 

19 ‘‘(4) COMMON CARRIER; TELECOMMUNICATIONS

20 CARRIER.—The terms ‘common carrier’ and ‘tele21 communications carrier’ have the meanings given 

22 those terms in section 3 of the Communications Act 

23 of 1934 (47 U.S.C. 153). 

24 ‘‘(5) INFORMATION CONTENT PROVIDER.—The 

25 term ‘information content provider’ has the meaning 


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1 given the term in section 230 of the Communica2 tions Act (47 U.S.C. 230). 

3 ‘‘(6) INTERACTIVE ADVERTISING NETWORK

4 SERVICE PROVIDER.—The term ‘interactive adver5 tising network service provider’ means an inde6 pendent, third party broker of online, wireless, or 

7 interactive television advertising, including banners, 

8 sponsorships, email, keyword searches, slotting fees, 

9 and interactive television commercials, and not in10 cluding classified advertising or a website referral 

11 link. 

12 ‘‘(7) INTERNET ACCESS SERVICE; INTERNET IN13 FORMATION LOCATION TOOL.—The terms ‘Internet 

14 access service’ and ‘Internet information location 

15 tool’ have the meanings given those terms in section 

16 231 of the Communications Act of 1934 (47 U.S.C. 

17 231). 

18 ‘‘(8) PERSON.—The term ‘person’ includes any 

19 individual or entity that is capable of holding legal 

20 or beneficial interest in property. 

21 ‘‘(9) STATE.—The term ‘State’ means any 

22 State of the United States, the District of Columbia, 

23 the Commonwealth of Puerto Rico, any territory or 

24 possession of the United States, and any political 


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1 subdivision, department, agency, or instrumentality 

2 of any such entity. 

3 ‘‘(b) OFFENSE.— 

4 ‘‘(1) IN GENERAL.—It shall be unlawful for a 

5 person to use any means or facility of interstate or 

6 foreign commerce to— 

7 ‘‘(A) knowingly sell, commercially promote, 

8 place, or maintain an adult advertisement, or 

9 any series of adult advertisements in a medium 

10 whose predominant purpose or use is to facili11 tate commercial transactions; and 

12 ‘‘(B) act with reckless disregard of the fact 

13 that the adult advertisement, or the series of 

14 adult advertisements, facilitates or is designed 

15 to facilitate— 

16 ‘‘(i) an offense under paragraph (1) 

17 or (2) of section 1591(a) in which the per18 son recruited, enticed, harbored, trans19 ported, provided, obtained, or maintained 

20 has not attained the age of 18 years at the 

21 time of such offense; or 

22 ‘‘(ii) an offense in violation of any 

23 provision of State law prohibiting felony 

24 offenses relating to child pimping, child 


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1 prostitution, child sexual abuse, assault on 

2 children, or the sex trafficking of children. 

3 ‘‘(2) CRIMINAL PENALTY.—Any person who vio4 lates paragraph (1) shall be fined under this title, 

5 imprisoned not more than 10 years, or both, for 

6 each such violation. 

7 ‘‘(3) LIMITATIONS ON LIABILITY.— 

8 ‘‘(A) GENERIC SEARCH OR UTILITY SERV9 ICES.—An Internet access service provider, 

10 Internet browser or mobile browser provider, 

11 external search engine provider, external Inter12 net information location tool provider (including 

13 a domain name registry or other domain name 

14 or root zone service provider), interactive adver15 tising network service provider, common carrier, 

16 telecommunications carrier, or other such ge17 neric search or utility provider shall not incur 

18 any criminal or civil liability under this sub19 section or be subject to the recordkeeping re20 quirements under subsection (c) solely based on 

21 providing such generic search or utility services. 

22 ‘‘(B) VICTIMS YOUNGER THAN 18 YEARS

23 OF AGE.—For the purposes of paragraph (1), 

24 any defendant in full compliance with sub25 section (c) may not be found reckless as to the 


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1 fact of the age element of a minor victim of a 

2 predicate offense specified in paragraph (1). 

3 ‘‘(4) ESTOPPEL.—A final judgment or decree 

4 rendered in favor of the United States in any crimi5 nal proceeding brought by the United States under 

6 this section shall estop the defendant from denying 

7 the essential allegations of the criminal offense in 

8 any subsequent civil proceeding, but a prior criminal 

9 proceeding is not a prerequisite to the commence10 ment of any civil action under this chapter or any 

11 other provision of law. 

12 ‘‘(c) RECORDKEEPING FOR ADULT ADVERTISE13 MENTS.— 

14 ‘‘(1) ADULT ADVERTISING VERIFICATION RE15 QUIREMENTS.—Subject to subsection (b)(3)(A), any 

16 person who uses any means or facility of interstate 

17 or foreign commerce to sell, commercially promote, 

18 place, or maintain an adult advertisement, or a se19 ries of adult advertisements, shall— 

20 ‘‘(A) before selling, commercially pro21 moting, or placing the adult advertisement, or 

22 series of adult advertisements— 

23 ‘‘(i) verify the identity of each person 

24 purchasing advertisement space to post 


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1 such adult advertisement, or series of adult 

2 advertisements, by— 

3 ‘‘(I) obtaining confirmation of 

4 the identity of the person; 

5 ‘‘(II) obtaining a copy of a gov6 ernment-issued document containing a 

7 photograph, the name, and the date of 

8 birth of the person; and 

9 ‘‘(III) obtaining such other indi10 cia of the identity of the person as 

11 may be required by regulation; and 

12 ‘‘(ii) create and maintain for not less 

13 than 7 years individually identifiable 

14 records pertaining to each person described 

15 in clause (i) that include the information 

16 described in clause (i) and such other iden17 tifying information as may be required by 

18 regulation; 

19 ‘‘(B) before selling, commercially pro20 moting, or placing the adult advertisement, or 

21 series of adult advertisements— 

22 ‘‘(i) verify the identity of each person 

23 depicted within such adult advertisement, 

24 or series of adult advertisements, by taking 


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1 the actions described in subclauses (I) 

2 through (III) of subparagraph (A)(i); and 

3 ‘‘(ii) create and maintain for not less 

4 than 7 years individually identifiable 

5 records pertaining to each person described 

6 in clause (i) that include the information 

7 described in subparagraph (A)(i) and such 

8 other identifying information as may be re9 quired by regulation; and 

10 ‘‘(C) before selling, commercially pro11 moting, or placing the adult advertisement, or 

12 series of adult advertisements— 

13 ‘‘(i) verify that each person whose 

14 goods or services are advertised by such 

15 adult advertisement, or series of adult ad16 vertisements, is not less than 18 years of 

17 age by obtaining such indicia of the iden18 tity of the person as may be required by 

19 regulation; and 

20 ‘‘(ii) create and maintain for not less 

21 than 7 years individually identifiable 

22 records pertaining to information described 

23 in clause (i) that include such identifying 

24 information as may be required by regula25 tion. 


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1 ‘‘(2) RECORDKEEPING.—Any person to whom 

2 paragraph (1) applies shall— 

3 ‘‘(A) maintain the records required under 

4 paragraph (1) at the business premises of the 

5 person, or at such other place as the Attorney 

6 General may by regulation prescribe; and 

7 ‘‘(B) make the records available to the At8 torney General, any designee of the Attorney 

9 General, the attorney general of a State, and 

10 any designee of the attorney general of a State 

11 for inspection at all reasonable times. 

12 ‘‘(3) USE OF INFORMATION.— 

13 ‘‘(A) IN GENERAL.—No information or evi14 dence obtained from a record required to be 

15 created or maintained by an individual under 

16 this subsection shall be used, directly or indi17 rectly, as evidence against that individual in a 

18 criminal proceeding where such use would vio19 late that individual’s constitutional privilege 

20 against compulsory self-incrimination. 

21 ‘‘(B) EXCEPTION.—Information or evi22 dence obtained from a record required to be 

23 created or maintained by an individual under 

24 this subsection may be used against the indi25 vidual in a prosecution or other action for a vioVerDate Mar 15 2010 03:45 Jul 04, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2536.IS S2536

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1 lation of this subsection or for a violation of 

2 any applicable provision of law relating to the 

3 furnishing of false information. 

4 ‘‘(4) NOTICE REQUIREMENT.— 

5 ‘‘(A) IN GENERAL.—Any person to whom 

6 paragraph (1) applies shall cause to be affixed 

7 to each adult advertisement sold, commercially 

8 promoted, placed, or maintained by the person, 

9 in such manner and in such form as the Attor10 ney General shall by regulation establish, a 

11 statement describing where the records required 

12 by this subsection may be located with respect 

13 to each person depicted or advertised within 

14 such adult advertisement or series of adult ad15 vertisements. 

16 ‘‘(B) ORGANIZATIONS.—If the person to 

17 whom paragraph (1) applies is an organization, 

18 the statement required by this paragraph shall 

19 include the name, title, and business address of 

20 the individual employed by the organization re21 sponsible for maintaining the records required 

22 by this subsection. 

23 ‘‘(5) REGULATIONS.—The Attorney General 

24 shall issue appropriate regulations to carry out this 

25 section, which shall include regulations directing any 


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1 person to whom paragraph (1) applies to take rea2 sonable measures to ensure the means or facility of 

3 interstate or foreign commerce used by the person is 

4 not being used to facilitate prostitution or sexual ex5 ploitation of children by— 

6 ‘‘(A) reviewing postings before they are 

7 published to ensure the postings do not offer 

8 minors for commercial sex or contain sexually 

9 explicit images of minors, and immediately re10 moving such postings; 

11 ‘‘(B) prohibiting the use of euphemisms 

12 and code words for, or used as a part of, a com13 mercial exchange described in subsection 

14 (a)(1)(B); 

15 ‘‘(C) preventing the reposting of previously 

16 banned or removed postings or postings by per17 sons who repeatedly post inappropriate content; 

18 ‘‘(D) requiring a person who posts an 

19 adult advertisement to provide a valid telephone 

20 number and credit card number (regardless of 

21 whether a fee is charged for the posting); 

22 ‘‘(E) if a fee is charged for posting an 

23 adult advertisement, prohibiting the use of 

24 anonymous payment methods, including algoVerDate Mar 15 2010 03:45 Jul 04, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2536.IS S2536

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1 rithm currencies, virtual currencies, prepaid 

2 cards, and gift cards; 

3 ‘‘(F) requiring the reporting of any in4 stances of apparent child sexual exploitation or 

5 online enticement of children to law enforce6 ment agencies and the National Center for 

7 Missing and Exploited Children; 

8 ‘‘(G) including information in the means or 

9 facility of interstate or foreign commerce direct10 ing users to report information about the pros11 titution of children to the National Center for 

12 Missing and Exploited Children and the Na13 tional Human Trafficking Resource Center; and 

14 ‘‘(H) affixing to each adult advertisement 

15 placed or maintained on the means or facility of 

16 interstate or foreign commerce, in such manner 

17 and in such form as the Attorney General shall 

18 by regulation establish, contact information re19 garding how to contact the CyberTipline of the 

20 National Center for Missing and Exploited Chil21 dren. 

22 ‘‘(6) CRIMINAL PENALTY.— 

23 ‘‘(A) IN GENERAL.—Any person to whom 

24 paragraph (1) applies, shall be fined not less 

25 than $250,000 and not more than $350,000 for 


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1 each violation, imprisoned not more than 5 

2 years, or both, if such person— 

3 ‘‘(i) fails to create or maintain the 

4 records as required by this subsection or 

5 by any regulation promulgated under this 

6 subsection; 

7 ‘‘(ii) knowingly makes any false entry 

8 in or knowingly fails to make an appro9 priate entry in, any record required by this 

10 subsection or any regulation promulgated 

11 under this section; 

12 ‘‘(iii) knowingly fails to comply with 

13 the provisions of this subsection or any 

14 regulation promulgated under this section; 

15 or 

16 ‘‘(iv) refuses to permit the Attorney 

17 General, a designee of the Attorney Gen18 eral, the attorney general of a State, or a 

19 designee of the attorney general of a State 

20 to conduct an inspection under this sub21 section. 

22 ‘‘(B) CRIMINAL PENALTY FOR REPEAT OF23 FENDERS.—In the case of a second or subse24 quent conviction of a violation described in sub25 paragraph (A) by a person to whom paragraph 


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1 (1) applies, the person shall be fined not less 

2 than $350,000 and not more than $500,000 for 

3 each such violation, imprisoned for not more 

4 than 15 years, or both.’’. 

5 (b) CRIMINAL FORFEITURE.—Section 982(a) of title 

6 18, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘(9) The court, in sentencing a defendant con9 victed of an offense under section 1591A, shall order 

10 that the defendant forfeit to the United States any 

11 real or personal property— 

12 ‘‘(A) used or intended to be used to com13 mit, to facilitate, or to promote the commission 

14 of such offense; and 

15 ‘‘(B) constituting, derived from, or trace16 able to the gross proceeds that the defendant 

17 obtained directly or indirectly as a result of the 

18 offense.’’. 

19 (c) CIVIL ACTION.—Section 1595(a) of title 18, 

20 United States Code, is amended by inserting ‘‘or person 

21 (as defined in section 1591A)’’ after ‘‘individual’’. 

22 (d) EXTRATERRITORIAL JURISDICTION.—Section 

23 1596(a) of title 18, United States Code, is amended by 

24 striking ‘‘or 1591’’ and inserting ‘‘1591, or 1591A’’. 


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1 (e) DUTY TO REPORT.—Section 2258A of title 18, 

2 United States Code, is amended— 

3 (1) by striking subsection (a)(2) and inserting 

4 the following: 

5 ‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or 

6 circumstances described in this paragraph are any 

7 facts or circumstances— 

8 ‘‘(A) from which there is an apparent vio9 lation of— 

10 ‘‘(i) section 1466A; 

11 ‘‘(ii) section 2251, 2251A, 2252, 

12 2252A, 2252B, or 2260 that involves child 

13 pornography; or 

14 ‘‘(iii) section 2422(b); or 

15 ‘‘(B) that involve commercial sexual exploi16 tation of children or online enticement of chil17 dren.’’; 

18 (2) in subsection (b)(1), by striking ‘‘violated a 

19 Federal law described in subsection (a)(2)’’ and in20 serting ‘‘violated a Federal law described in sub21 section (a)(2)(A) or engaged in conduct described in 

22 subsection (a)(2)(B)’’; and 

23 (3) by striking subsection (e) and inserting the 

24 following: 


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1 ‘‘(e) FAILURE TO REPORT.—An electronic commu2 nication service provider or remote computing service pro3 vider that fails to make a report required under subsection 

4 (a)(1), with reckless disregard of the requirement to make 

5 a report required under subsection (a)(1), shall be fined— 

6 ‘‘(1) in the case of an initial such failure to 

7 make a report, not more than $250,000; and 

8 ‘‘(2) in the case of any second or subsequent 

9 such failure to make a report, not more than 

10 $500,000.’’. 

11 (f) FALSE STATEMENTS.—Section 1001(a) of title 

12 18, United States Code, is amended, in the matter fol13 lowing paragraph (3), by adding at the end the following: 

14 ‘‘If the matter relates to an offense under section 1591A, 

15 the term of imprisonment imposed under this section shall 

16 be not more than 15 years.’’. 

17 (g) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of sections for chapter 77 of title 18, United 

19 States Code, is amended by inserting, after the item relat20 ing to section 1591, the following: 

‘‘1591A. Commercial sexual exploitation.’’. 

21 SEC. 4. SEVERABILITY. 

22 If any provision of this Act or any amendment made 

23 by this Act, or any application of such provision or amend24 ment to any person or circumstance, is held to be uncon25 stitutional, the remainder of the provisions of this Act and 


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1 the amendments made by this Act and the application of 

2 the provision or amendment to any other person or cir3 cumstance shall not be affected. 

Æ 


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