Section 1 Short title
This Act may be cited as the “Stop Sextortion Act”.
Stop Sextortion Act
A BILL
To amend title 18, United States Code, to criminalize intentional threats to distribute child sexual abuse material, and to provide appropriate penalties for the use of child sexual abuse material to extort or coerce victims.
Sec. 2 Criminalizing threats to distribute child sexual abuse material
Title 18, United States Code, is amended—
in section 2252—
in subsection (a)(2)—
in the matter preceding subparagraph (A)—
by inserting “, or threatens to distribute any visual depiction with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person,” after “distributes, any visual depiction”;
by striking “foreign commerce or that” and inserting “foreign commerce, or involving a visual depiction that”; and
by striking “, or which contains materials which have been mailed or so shipped or transported,”; and
in subsection (b)—
in paragraph (1), by striking “Whoever” and inserting “Except as provided in paragraph (3), whoever”; and
by adding at the end the following:
“(3) Whoever violates, or attempts or conspires to violate, subsection (a)(2) for threatening to distribute any visual depiction, as described in that subsection, shall be punished as provided in paragraph (2) of this subsection if no such visual depiction existed.”
in section 2252A—
in subsection (a)(2)(A)—
by inserting “, or threatens to distribute any child pornography with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person,” after “any child pornography”; and
by striking “foreign commerce or that” and inserting “foreign commerce, or involving any child pornography that”; and
in subsection (b)—
in paragraph (1), by striking “Whoever” and inserting “Except as provided in paragraph (4), whoever”; and
by adding at the end the following:
“(4) Whoever violates, or attempts or conspires to violate, subsection (a)(2)(A) for threatening to distribute any child pornography, as described in that subsection, shall be punished as provided in paragraph (2) of this subsection if no such child pornography existed.”
Sec. 3 Penalties for threats to distribute child sexual abuse material
In general— Title 18, United States Code, is amended—
in section 1466A—
in subsection (a), in the matter preceding subsection (b), by inserting “, but if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct, with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 2252A(b)(1) shall be increased by 10 years” before the period at the end; and
in subsection (b), in the matter preceding subsection (c), by inserting “, but if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct, with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 2252A(b)(2) shall be increased by 10 years” before the period at the end; and
in section 2260A—
in the section heading, by striking “Penalties for registered sex offenders” and inserting “Other offenses and penalties”;
by striking “Whoever” and inserting the following:
“(1) Offenses by registered sex offenders—Whoever”
by adding at the end the following:
“(2) Additional penalties—If any offense under section 875(d), 2251, 2252, 2252A, or 2260 involves the knowing use of child pornography with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 875(d), 2251(e), 2252(b), 2252A(b), or 2260(c) shall be increased by 10 years.”
Clerical amendment— The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2260A and inserting the following:
Sec. 4 Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.