Sen. Josh Hawley introduced legislation this week that would increase penalties for possessing child pornography following his scrutiny of Judge Ketanji Brown Jackson’s sentencing record in more than half a dozen child porn cases.
The Protect Act of 2022 comes after the Missouri Republican grilled President Biden’s Supreme Court nominee during her confirmation hearings, suggesting she went too easy on the felons.
Republican Sens. Mike Lee of Utah and Thom Tillis of North Carolina have joined Mr. Hawley’s push for the bill.
They said the number of child porn images has exploded online, noting that roughly a decade ago there were fewer than 1 million child sexual abuse images on the internet. As of 2021, that number had grown to 85 million.
“The horror of child pornography is exponentially worse than it was a decade ago, and judges handing out lenient sentences for these criminals is a big reason why,” Mr. Hawley said Tuesday in a press release announcing the legislation.
“While the White House continues to dismiss concerns about leniency toward child porn offenders as a ‘desperate conspiracy theory,’ the numbers speak for themselves. Congress must act before this problem becomes even worse,” he added.
The bill would enhance penalties for child porn by requiring a five-year minimum sentence for receiving or possessing child porn. The legislation also would require the guidelines to be binding when judges hand down sentences.
Under the laws enacted by Congress nearly 20 years ago, possession of child porn currently doesn’t carry a mandatory minimum, only a suggested range of up to 10 years in prison.
Distribution and receipt of child pornography carry mandatory minimums of five years in prison.
According to Mr. Hawley’s press release, the original Protect Act giving judges sentencing guideline ranges and enhancement options was enacted in 2003. But two years later, the Supreme Court issued a 5-4 ruling giving judges more discretion when handing down sentences.
Rep. Ken Buck, Colorado Republican, has introduced companion legislation in the House.
“The confirmation hearings of Biden’s Supreme Court nominee have exposed a troubling leniency on the left and, most surprisingly, on the right for those who commit sexual offenses against children. It’s time for Congress to stand with the victims of these offenses, and to ensure that perpetrators receive the severe punishment these crimes deserve,” Mr. Buck said.
Democratic lawmakers did signal that judges need more guidance when issuing sentences to child porn offenders, but they have defended Judge Jackson’s record.
Sen. Richard Durbin, Illinois Democrat and chairman of the Senate Judiciary Committee, said during Judge Jackson’s hearing that the lawmakers must update sentencing laws to fix any discrepancies.
“Part of our job, we have failed in responding to the changing circumstances that face this crime. What has it been,15 or 16 years? She is not an outlier in sentencing. Seventy percent of the federal judges face the same dilemma and wonder why Congress has failed to act,” Mr. Durbin said. “We have to update these guidelines.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
Please read our comment policy before commenting.