James T. Woods Act

This Act may be cited as the Combating Online Predators Act or the COP Act.

Section 2252A of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (6), by striking illegal; or and inserting illegal;;

(B) in paragraph (7), by striking the period at the end and inserting; or; and

(C) by inserting after paragraph (7) the following:

(8) knowingly distributes, offers, sends, or provides, in or affecting interstate or foreign commerce, a threat to distribute—

(A) a visual depiction of a minor engaging in sexually explicit conduct, or

(B) a visual depiction of a person the defendant believes is a minor engaging in sexually explicit conduct,

(8) with the intent that the minor, or the person the defendant believes is a minor, create or transmit a visual depiction of any minor engaging in sexually explicit conduct,

(C) ; and

(2) in subsection (b), by striking or (6) and inserting (6), or (8).

Section 2252 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3)(B)(ii), by striking or at the end;

(B) in paragraph (4)(B)(ii), by inserting or after the semicolon; and

(C) by inserting after paragraph (4) the following:

(5) knowingly distributes, offers, sends, or provides, in or affecting interstate or foreign commerce, a threat to distribute—

(A) a visual depiction of a minor engaging in sexually explicit conduct, or

(B) a visual depiction of a person the defendant believes is a minor engaging in sexually explicit conduct,

(5) with the intent that the minor, or the person the defendant believes is a minor, create or transmit a visual depiction of sexually explicit conduct,

(C) ;

(2) in subsection (b)(2), by inserting or (5) after paragraph (4); and

(3) in subsection (c), in the matter preceding paragraph (1), by inserting or (5) after paragraph (4).

This Act may be cited as the James T. Woods Act.

This title may be cited as the Sentencing Accountability For Exploitation Act or the SAFE Act.

Congress finds the following:

(1) Over many years, the complexity and scale of online child sex offenses have worsened, as offenders have taken advantage of technological developments to target and victimize ever-increasing numbers of children.

(2) In addition, offenders have pursued increasingly dangerous ways of victimizing children, including by resorting to organized efforts at extorting and manipulating children into engaging in sexually explicit conduct and other types of degrading and dangerous acts.

(3) Offenders have also been increasingly adept at globalizing their offenses, including by, for example, paying adults overseas to provide customized child sexual abuse material, which may be video recorded or live-streamed, to offenders in the United States.

(4) Meanwhile, as the complexity, scale, and dangerousness of online child sex crimes has worsened, long-existing sex crimes against children continue to flourish on the dark web, through social media and related applications, and otherwise.

(5) Effective investigation and prosecution are a critical component of the efforts of the United States to keep children safe, punish those who victimize them, and deter would-be offenders. It is imperative that the Federal sentencing guidelines account for these interests and ensure that offenders face advisory sentencing ranges that appropriately account for the scale, complexity, and dangerousness of these offenses.

In this section:

The term child means an individual who has not attained 18 years of age.

The term child sexual abuse material has the meaning given the term child pornography in section 2256(8) of title 18, United States Code.

The term prohibited conduct against a child —

(A) means—

(i) conduct committed against a child relating to—

(I) kidnapping;

(II) illegal sexual abuse, contact, or activity;

(III) live streaming of child sexual abuse;

(IV) using a child to produce child sexual abuse material; or

(V) sexual exploitation, including child sex trafficking; or

(ii) an attempt or conspiracy to engage in any conduct described in subclauses (I) through (V) of clause (i);

(B) does not include—

(i) conduct involving or similar to advertising, transporting, mailing, distributing, receiving, possession, accessing, or viewing child sexual abuse material; or

(ii) acquitted conduct, to the extent that such conduct is excluded from the scope of relevant conduct under section 1B1.3(c) of the United States Sentencing Guidelines Manual; and

(C) does not require a conviction.

Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements applicable to persons convicted of an offense under section 1466A, 2251(d)(1)(A), 2252, 2252A, or 2260(b) of title 18, United States Code, in order to reflect the intent of Congress that penalties for the offense under the guidelines and policy statements—

(1) appropriately account for—

(A) the actual and potential harm to victims and to the public from the offense; and

(B) changes that have occurred since the relevant guidelines and policy statements were last amended with respect to—

(i) typical offense behavior; and

(ii) the use of modern computer and internet technologies; and

(2) to better reflect the current spectrum of offender culpability.

In carrying out subsection (b), the United States Sentencing Commission shall—

(1) ensure that the Federal sentencing guidelines and policy statements reflect—

(A) the seriousness of the offenses described in that subsection;

(B) the need to afford adequate deterrence to commission of the offenses;

(C) the need for just punishment for the offenses;

(D) the need to protect the public from further crimes of a defendant convicted of any such offense; and

(E) the need to differentiate among offenders based on their culpability and potential dangerousness;

(2) avoid duplicative punishment within the applicable guidelines and under the Federal sentencing guidelines for substantially the same conduct;

(3) develop a guideline that accounts for—

(A) whether, prior to, during, or after the offense at issue, the defendant engaged in, conspired to engage in, or attempted to engage in—

(i) an act of prohibited conduct against a child; or

(ii) a pattern of activity involving prohibited conduct against a child, whether involving a single victim or multiple victims;

(B) whether, prior to, during, or after the offense at issue, the defendant—

(i) participated in a group dedicated to child sexual abuse material or prohibited conduct against a child; or

(ii) encouraged, instructed, required, or similarly caused another individual to commit an offense involving child sexual abuse material or prohibited conduct against a child;

(C) whether the defendant engaged in multiple acts, not accounted for in the defendant’s criminal history or counts of conviction, involving child sexual abuse material over an extended period of time or with a high degree of frequency;

(D) whether the defendant intentionally used, or promoted the use of, software, technology, procedures, or any other means to conceal the offense or the identity or location of the defendant or any victim, or to destroy evidence for an improper purpose, unless accounted for in the conduct of conviction;

(E) whether 3 or more online channels, technologies, platforms, or methods were used to commit the offense;

(F) gradations in—

(i) the severity of the depicted sexually explicit conduct, including especially severe physical or emotional trauma; and

(ii) the age or physical development of the minor;

(G) the number of items of child sexual abuse material or the number of victims involved in the offense;

(H) whether the offense involved distribution of child sexual abuse material, accounting for the nature of the distribution, including—

(i) distribution in order to receive any valuable consideration; and

(ii) distribution through any method that does not limit who can obtain the material or how many individuals can obtain the material;

(I) whether the offense involved the production, creation, or manufacture of child sexual abuse material that is not subject to the cross reference in section 2G2.2(c)(1) of the United States Sentencing Guidelines Manual to section 2G2.1 of the Manual;

(J) whether the offense was the direct and proximate cause of the victim’s death by suicide; and

(K) any other conduct or factors that the United States Sentencing Commission determines appropriate to reflect the seriousness of the offense and differentiate among offenders;

(4) make any necessary conforming changes to the guidelines; and

(5) ensure that the guidelines adequately meet the purposes of sentencing, as set forth in section 3553(a)(2) of title 18, United States Code.

In carrying out this section, the United States Sentencing Commission—

(1) may amend provisions of the Federal sentencing guidelines that were promulgated pursuant to any other specific congressional directives or legislation directly amending the guidelines and promulgate amendments that would result in sentencing ranges different than those that would have applied under such directives or legislation; and

(2) in developing a guideline that comports with the requirements of this section, particularly accounting for the factors set forth in subsection (c)(3)—

(A) may—

(i) design the specific offense characteristics, including the increase in offense level that each offense characteristic would provide; and

(ii) define any terms; and

(B) may not lower the applicable base offense level provided in section 2G2.2(a) of the United States Sentencing Guidelines Manual as in effect on the date of enactment of this Act.

The following provisions of law are repealed:

(A) Section 632 of the Treasury, Postal Service and General Government Appropriations Act, 1992 (28 U.S.C. 994 note; Public Law 102–141).

(B) Sections 2 and 3 of the Sex Crimes Against Children Prevention Act of 1995 (28 U.S.C. 994 note; Public Law 104–71).

(C) Section 401(i)(1) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (28 U.S.C. 994 note; Public Law 108–21).

Section 2G2.2(b) of the United States Sentencing Commission Guidelines Manual is amended by striking paragraph (7).

The amendments made by this subsection shall take effect on the date on which the amendments to the Federal sentencing guidelines and policy statements required under subsection (b) take effect.

This title may be cited as the Ending Coercion of Children and Harm Online Act or the ECCHO Act.

Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following:

For purposes of this section:

The term coerce includes the use of extortion, threats, fraud, deceit, duress, intimidation, harassment, humiliation, degradation, or manipulation.

The term minor means any individual who has not attained the age of 18 years.

The term substantial bodily injury has the meaning given that term in section 113.

It shall be unlawful for any person, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, to intentionally coerce a minor, directly or through an intermediary, to—

(A) die by suicide or attempt to die by suicide; or

(B) kill or attempt to kill any individual;

(2) kill or attempt to kill any pet, emotional support animal, service animal, or horse;

(3) strangle, suffocate, poison, burn, lacerate, or inflict serious bodily injury or substantial bodily injury on any individual (including the minor), pet, emotional support animal, service animal, or horse; or

(4) commit or attempt to commit arson.

Any person who violates, or attempts or conspires to violate—

(1) subparagraph (A) or (B) of subsection (b)(1) shall be fined under this title, imprisoned for any term of years or life, or both; or

(2) paragraph (2), (3), or (4) of subsection (b) shall be fined under this title, imprisoned for not more than 30 years, or both.

.

The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following:

.

Chapter 110 of title 18, United States Code, is amended—

(i) in section 2252A(g), by inserting section 2261C, after section 1591,; and

(ii) in section 2258A—

(I) in subsection (a)—

(aa) in paragraph (1)(A), by striking online child sexual exploitation and to prevent the online sexual exploitation of children and inserting, and to prevent, online child sexual exploitation and online coercion of children; and

(bb) in paragraph (2)(A)—

(AA) by striking or 2260 that involves child pornography, and inserting 2260, 2261C, or 2422(b), or; and

(BB) by striking, or of 2422(b);

(II) in subsection (b), in the matter preceding paragraph (1), by striking sexual and inserting online;

(III) in subsection (c)—

(aa) in paragraph (1), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;

(bb) in paragraph (2), by inserting or kidnapping, online coercion, or enticement crimes involving children after sexual exploitation; and

(cc) in paragraph (3), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;

(IV) in subsection (d)(5)(A)(ii)(II), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;

(V) in subsection (g)(3)—

(aa) in subparagraph (A), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children;

(bb) in subparagraph (B), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children; and

(cc) in subparagraph (C), by striking, kidnapping, or enticement crimes and inserting or kidnapping, online coercion, or enticement crimes involving children; and

(VI) in subsection (h)(5), by striking the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children and inserting or preventing the proliferation of online child sexual exploitation or online coercion of children.

Section 3509(a)(2)(A) of title 18, United States Code, is amended by striking physical abuse, sexual abuse, or exploitation and inserting child abuse.

Section 5032 of title 18, United States Code, is amended—

(i) in the first undesignated paragraph—

(I) by striking or section 1002(a) and inserting section 1002(a); and

(II) by striking section 922(x) or section 924(b), (g), or (h) of this title and inserting or section 922(x), section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of this title; and

(ii) in the fourth undesignated paragraph, by striking section 922(x) of this title, or in section 924(b), (g), or (h) of this title and inserting section 922(x), section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of this title.

Section 2 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21101) is amended by striking paragraph (1) and inserting the following:

The term child exploitation means—

(A) any conduct, attempted conduct, or conspiracy to engage in conduct that—

(i) violates chapter 110 or section 2261C, 2422(b), or 2423 of title 18, United States Code; or

(ii) involves a minor and violates section 1591 or chapter 109A of title 18, United States Code; or

(B) any sexual activity involving a minor for which any person can be charged with a criminal offense.

.

If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

This title may be cited as the Stop Sextortion Act.

Title 18, United States Code, is amended—

(1) in section 2252—

(A) in subsection (a)(2)—

(i) in the matter preceding subparagraph (A)—

(I) 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;

(II) by striking foreign commerce or that and inserting foreign commerce, or involving a visual depiction that; and

(III) by striking, or which contains materials which have been mailed or so shipped or transported,; and

(B) in subsection (b)—

(i) in paragraph (1), by striking Whoever and inserting Except as provided in paragraph (3), whoever; and

(ii) 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.

(ii) ; and

(2) in section 2252A—

(A) in subsection (a)(2)(A)—

(i) 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

(ii) by striking foreign commerce or that and inserting foreign commerce, or involving any child pornography that; and

(B) in subsection (b)—

(i) in paragraph (1), by striking Whoever and inserting Except as provided in paragraph (4), whoever; and

(ii) 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.

(ii) .

Title 18, United States Code, is amended—

(1) in section 1466A—

(A) 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

(B) 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

(2) in section 2260A—

(A) in the section heading, by striking Penalties for registered sex offenders and inserting Other offenses and penalties;

(B) by striking Whoever and inserting the following:

Whoever

(B) ; and

(C) by adding at the end the following:

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.

(C) .

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:

.

If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby.