[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5749 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5749

   To amend title 18, United States Code, to create offenses for the 
    interstate coercion of sexual acts, sexual contact, or sexually 
          explicit visual depictions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2016

  Ms. Clark of Massachusetts (for herself and Mrs. Brooks of Indiana) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to create offenses for the 
    interstate coercion of sexual acts, sexual contact, or sexually 
          explicit visual depictions, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Sextortion Prevention 
Act''.

SEC. 2. COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR SEXUALLY EXPLICIT 
              VISUAL DEPICTIONS.

    (a) In General.--Part 1 of title 18, United States Code, is amended 
by adding at the end the following new chapter:

  ``CHAPTER 124--COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR SEXUALLY 
                       EXPLICIT VISUAL DEPICTIONS

``Sec.
``2751. Coercion of sexual acts.
``2752. Coercion of sexual contact.
``2753. Coercion of sexually explicit visual depictions.
``2754. Coercion using sexually explicit visual depictions.
``2755. Extortion using sexually explicit visual depictions.
``2756. Offenses involving minors.
``2757. Offenses resulting in death or serious bodily injury.
``2758. Attempt and conspiracy.
``2759. Repeat offenders.
``2760. Forfeitures.
``2761. Mandatory restitution.
``2762. Civil action.
``2763. Definitions.
``Sec. 2751. Coercion of sexual acts
    ``(a) In General.--Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly coerces any person to 
engage in a sexual act with another, including through fraud or threats 
to injure the person, property, or reputation of any person, shall be 
fined under this title or imprisoned for any number of years or for 
life, or both.
    ``(b) Threats.--Whoever, with the intent to coerce any person to 
engage in a sexual act with another, knowingly transmits any 
communication containing a threat to injure the person, property, or 
reputation of any person, using the mail or any facility or means of 
interstate or foreign commerce, shall be fined under this title or 
imprisoned not more than 5 years, or both.
``Sec. 2752. Coercion of sexual contact
    ``(a) In General.--Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly coerces any person to 
engage in sexual contact with another, including through fraud or 
threats to injure the person, property, or reputation of any person, 
shall be fined under this title or imprisoned for not more than 10 
years, or both.
    ``(b) Threats.--Whoever, with the intent to coerce any person to 
engage in sexual contact with another, knowingly transmits any 
communication containing a threat to injure the person, property, or 
reputation of any person, using the mail or any facility or means of 
interstate or foreign commerce, shall be fined under this title or 
imprisoned not more than 5 years, or both.
``Sec. 2753. Coercion of sexually explicit visual depictions
    ``(a) In General.--Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly coerces another person to 
produce a sexually explicit visual depiction of any person, including 
through fraud or threats to injure the person, property, or reputation 
of any person, shall be fined under this title or imprisoned not more 
than 20 years, or both.
    ``(b) Threats.--Whoever, with the intent to cause another person to 
produce a sexually explicit visual depiction of any person, knowingly 
transmits any communication containing a threat to injure the person, 
property, or reputation of any person, using the mail or any facility 
or means of interstate or foreign commerce, shall be fined under this 
title or imprisoned not more than 5 years, or both.
    ``(c) Offenses Involving Minors.--Notwithstanding any other 
provision of law, in any case under this section involving a victim 
under the age of 18 where the sexually explicit visual depiction 
constitutes child pornography as defined in section 2256(8), the 
offender shall be punished as provided in section 2251(e).
    ``(d) Definition.--In this section the term `sexually explicit 
visual depiction' shall not include any computer-generated sexually 
explicit visual depiction.
``Sec. 2754. Coercion using sexually explicit visual depictions
    ``(a) In General.--Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly coerces another person to 
engage or refrain from engaging in conduct through threats to publish 
any sexually explicit visual depiction of the addressee or of an 
immediate family member or intimate partner of the addressee, shall be 
fined under this title or imprisoned not more than 7 years or both.
    ``(b) Threats.--Whoever, with the intent to coerce another person 
to engage or refrain from engaging in conduct, knowingly transmits any 
communication containing a threat to publish any sexually explicit 
visual depiction of the addressee or of an immediate family member or 
intimate partner of the addressee, using the mail or any facility or 
means of interstate or foreign commerce, shall be fined under this 
title or imprisoned not more than 5 years, or both.
    ``(c) Definition.--In this section the term `sexually explicit 
visual depiction' includes any computer-generated sexually explicit 
visual depiction that is indistinguishable from an actual depiction of 
the addressee or of an immediate family member or intimate partner of 
the addressee.
``Sec. 2755. Extortion using sexually explicit visual depictions
    ``(a) In General.--Whoever, using the mail or any facility or means 
of interstate or foreign commerce, knowingly extorts any money, 
property, or other thing of value from another person through threats 
to publish any sexually explicit visual depiction of the addressee or 
of an immediate family member or intimate partner of the addressee, 
shall be fined under this title or imprisoned not more than 7 years or 
both.
    ``(b) Threats.--Whoever, with the intent to extort any money, 
property, or other thing of value from any person, knowingly transmits 
any communication containing a threat to publish any sexually explicit 
visual depiction of the addressee or of an immediate family member or 
intimate partner of the addressee, using the mail or any facility or 
means of interstate or foreign commerce, shall be fined under this 
title or imprisoned not more than 5 years, or both.
    ``(c) Definition.--In this section the term `sexually explicit 
visual depiction' includes any computer-generated sexually explicit 
visual depiction that is indistinguishable from an actual depiction of 
the addressee or of an immediate family member or intimate partner of 
the addressee.
``Sec. 2756. Offenses involving minors
    ``(a) Offenses Involving Minors Under 18.--If the conduct that 
violates this chapter involves an individual, whether real or 
fictional, who has attained the age of 12 years but has not attained 
the age of 18 years, the maximum term of imprisonment authorized for 
that offense shall be increased by 5 years in addition to any penalty 
otherwise provided in this chapter.
    ``(b) Offenses Involving Minors Under 12.--If the conduct that 
violates this chapter involves an individual, whether real or 
fictional, who has not attained the age of 12 years, the maximum term 
of imprisonment authorized for that offense shall be twice that 
otherwise provided in this chapter.
``Sec. 2757. Offenses resulting in death or serious bodily injury
    ``(a) Offenses Resulting in Death.--A person who commits a 
violation of this chapter that results in the death of any person, 
shall be fined under this title or imprisoned for any number of years 
or for life, or both.
    ``(b) Offenses Resulting in Serious Bodily Injury.--A person who 
commits a violation of this chapter that results in serious bodily 
injury to any person, shall be fined under this title or imprisoned not 
more than 20 years, or both.
``Sec. 2758. Attempt and conspiracy
    ``Whoever attempts or conspires to violate this chapter shall be 
punishable in the same manner as a completed violation of this chapter.
``Sec. 2759. Repeat offenders
    ``(a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment authorized for a violation of section 2751(a) or 2752(a) 
after a prior sex offense conviction shall be twice the term of 
imprisonment otherwise provided by this chapter, unless section 3559(e) 
applies.
    ``(b) Definitions.--In this section--
            ``(1) the term `prior sex offense conviction' means a 
        conviction for an offense--
                    ``(A) under chapter 109A, chapter 110, chapter 117 
                or section 1591, 2751(a), 2752(a); or
                    ``(B) under State law or the Uniform Code of 
                Military Justice involving an offense described in 
                subparagraph (A) or would be such an offense if 
                committed under circumstances supporting federal 
                jurisdiction; and
            ``(2) the term `State' means a State of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States.
``Sec. 2760. Forfeitures
    ``(a) In General.--The court, in imposing sentence on any person 
convicted of a violation of this chapter, shall order, in addition to 
any other sentence imposed and irrespective of any provision of State 
law, that such person shall forfeit to the United States--
            ``(1) such person's interest in any property, real or 
        personal, that was used or intended to be used to commit or to 
        facilitate the commission of such violation; and
            ``(2) any property, real or personal, constituting or 
        derived from any proceeds that such person obtained, directly 
        or indirectly, as a result of such violation.
    ``(b) Property Subject to Forfeiture.--
            ``(1) In general.--The following shall be subject to 
        forfeiture to the United States and no property right shall 
        exist in them:
                    ``(A) any property, real or personal, used or 
                intended to be used to commit or to facilitate the 
                commission of any violation of this chapter;
                    ``(B) any property, real or personal, that 
                constitutes or is derived from proceeds traceable to 
                any violation of this chapter; and
                    ``(C) any sexually explicit visual depiction which 
                was produced or used in violation of this chapter.
            ``(2) Applicability of chapter 46.--The provisions of 
        chapter 46 of this title relating to civil forfeitures shall 
        apply to any seizure or civil forfeiture under this subsection.
    ``(c) Transfer of Forfeited Assets.--
            ``(1) In general.--The Attorney General is authorized to 
        transfer assets forfeited pursuant to this section, or the 
        proceeds derived from the sale thereof, to satisfy victim 
        restitution orders arising from violations of this chapter.
            ``(2) Use of non-forfeited assets.--Transfers pursuant to 
        paragraph (1) shall not reduce or otherwise mitigate the 
        obligation of a person convicted of a violation of this chapter 
        to satisfy the full amount of a restitution order through the 
        use of non-forfeited assets or to reimburse the Attorney 
        General for the value of assets or proceeds transferred under 
        this subsection through the use of non-forfeited assets.
``Sec. 2761. Mandatory restitution
    ``(a) In General.--Notwithstanding section 3663 or 3663A, and in 
addition to any other civil or criminal penalty authorized by law, the 
court shall order restitution for any offense under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) Directions.--The order of restitution under this 
        section shall direct the defendant to pay to the victim 
        (through the appropriate court mechanism) the full amount of 
        the victim's losses as determined by the court pursuant to 
        paragraph (2).
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 in the same manner as an order under section 3663A.
            ``(3) Definition.--For purposes of this subsection, the 
        term `full amount of the victim's losses' includes any costs 
        incurred by the victim for--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) necessary transportation, temporary housing, 
                and child care expenses;
                    ``(D) lost income;
                    ``(E) attorneys' fees, plus any costs incurred in 
                obtaining a civil protection order; and
                    ``(F) any other losses suffered by the victim as a 
                proximate result of the offense.
            ``(4) Order mandatory.--
                    ``(A) The issuance of a restitution order under 
                this section is mandatory.
                    ``(B) A court may not decline to issue an order 
                under this section because of--
                            ``(i) the economic circumstances of the 
                        defendant; or
                            ``(ii) the fact that a victim has, or is 
                        entitled to, receive compensation for his or 
                        her injuries from the proceeds of insurance or 
                        any other source.
    ``(c) Transfer of Crime Victim's Rights.--In the case of a victim 
who is under 18 years of age, incompetent, incapacitated, or deceased, 
the legal guardian of the victim or representative of the victim's 
estate, another family member, or any other person appointed as 
suitable by the court, may assume the crime victim's rights under this 
chapter, but in no event shall the defendant be named as such 
representative or guardian.
``Sec. 2762. Civil action
    ``(a) In General.--An individual who is a victim of offenses under 
this chapter may bring a civil action against the perpetrator (or 
whoever knowingly benefits, financially or by receiving anything of 
value from participation in a venture which that person knew or should 
have known has engaged in an act in violation of this chapter) in an 
appropriate district court of the United States and may recover damages 
and reasonable attorney's fees.
    ``(b) Stay Pending Criminal Action.--
            ``(1) Any civil action filed under this section shall be 
        stayed during the pendency of any criminal action arising out 
        of the same occurrence in which the claimant is the victim.
            ``(2) In this subsection, the term `criminal action' 
        includes an investigation and prosecution that is pending, 
        until final adjudication in the trial court.
    ``(c) Statute of Limitations.--No action may be maintained under 
this section unless it is commenced not later than the later of--
            ``(1) 10 years after the cause of action arose; or
            ``(2) 10 years after the victim reaches 18 years of age, if 
        the victim was a minor at the time of the alleged offense.
``Sec. 2763. Definitions
    ``In this chapter:
            ``(1) Sexual act.--The term `sexual act' means--
                    ``(A) any genital to genital, oral to genital, anal 
                to genital, or oral to anal contact, not through the 
                clothing;
                    ``(B) the penetration, however slight, of the anal 
                or genital opening of any person by a hand or finger or 
                by any object; or
                    ``(C) the intentional touching, not through the 
                clothing, of the genitalia of or by any person.
            ``(2) Sexual contact.--The term `sexual contact' means the 
        intentional touching, either directly or through the clothing, 
        of the genitalia, anus, groin, breast, inner thigh, or buttocks 
        of any person.
            ``(3) Produce.--The term `produce' means to create, make, 
        manufacture, photograph, film, videotape, record, or transmit.
            ``(4) Sexually explicit visual depiction.--The term 
        `sexually explicit visual depiction' means any photograph, 
        film, video, or other recording or live transmission of a 
        person, whether produced by electronic, mechanical, or other 
        means (including depictions that are not stored in a permanent 
        format), that depicts--
                    ``(A) the lascivious exhibition of the anus, the 
                post-pubescent female nipple, the genitals, or the 
                pubic area of any person;
                    ``(B) any actual or simulated sexual contact or 
                sexual act;
                    ``(C) bestiality; or
                    ``(D) sadistic or masochistic conduct.
            ``(5) Victim.--The term `victim' means the individual 
        harmed as a result of a commission of a crime under this 
        chapter.
            ``(6) Minor.--The term `minor' means any person who has not 
        attained the age of 18 years.
            ``(7) Publish.--The term `publish' means to circulate, 
        deliver, distribute, disseminate, transmit, or otherwise make 
        available to another person.
            ``(8) Immediate family member.--The term `immediate family 
        member' means the addressee's--
                    ``(A) spouse, parent, brother, sister, child, or 
                person to whom the addressee stands in loco parentis; 
                or
                    ``(B) any other person living in the addressee's 
                household and related to the addressee by blood or 
                marriage.
            ``(9) Intimate partner.--The term `intimate partner' means 
        a person who is or has been in a social relationship of a 
        romantic or intimate nature with the addressee, as determined 
        by the length of the relationship, the type of relationship, 
        and the frequency of interaction between the persons involved 
        in the relationship.
            ``(10) Computer-generated sexually explicit visual 
        depiction.--The term `computer-generated sexually explicit 
        visual depiction' means a depiction that has been created, 
        adapted, or modified through the use of any computer technology 
        to appear to be a sexually explicit visual depiction.
            ``(11) Indistinguishable.--The term `indistinguishable', 
        means virtually indistinguishable, in that the computer-
        generated sexually explicit visual depiction is such that an 
        ordinary person viewing the computer-generated depiction would 
        conclude that it is an actual depiction of the addressee or of 
        an immediate family member or intimate partner of the 
        addressee. This definition does not apply to depictions that 
        are drawings, cartoons, sculptures, or paintings depicting any 
        person.
            ``(12) Actual depiction.--The term `actual depiction' means 
        a depiction that has not been fabricated or materially altered 
        to change the appearance or physical characteristics of the 
        persons, objects, or activities depicted.
            ``(13) Serious bodily injury.--The term `serious bodily 
        injury' means bodily injury that involves a substantial risk of 
        death, unconsciousness, extreme physical pain, protracted and 
        obvious disfigurement, or protracted loss or impairment of the 
        function of a bodily member, organ, or mental faculty.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part 1 of title 18, United States Code, is amended adding at the end 
the following new item:

  ``Chapter 124--Coercion of Sexual Acts, Sexual Contact, or Sexually 
                     Explicit Visual Depictions''.

    (c) Directive to United States Sentencing Commission.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, and in accordance with 
        this section, the United States Sentencing Commission shall 
        review and amend its guidelines and its policy statements 
        applicable to persons convicted of an offense defined in 
        chapter 124 added to title 18, United States Code, by this Act, 
        to ensure that the guidelines and policy statements are 
        consistent with those amendments and reflect the intent of 
        Congress that the guidelines reflect the seriousness and great 
        harm caused by those offenses.
            (2) Considerations.--In carrying out this section, the 
        United States Sentencing Commission shall consider--
                    (A) the mandate of the United States Sentencing 
                Commission, pursuant to its authority under section 
                994(p) of title 28, United States Code, to promulgate 
                guidelines that meet the purposes of sentencing as set 
                forth in section 3553(a)(2) of title 18, and in 
                particular to ensure that sentencing courts properly 
                consider the seriousness of the offense, to promote 
                respect for the law, to provide just punishment for the 
                offense, to afford adequate deterrence to criminal 
                conduct, and to protect the public from further crimes 
                of the defendant; and
                    (B) the intent of Congress that the penalties for 
                defendants convicted of an offense under that chapter 
                are appropriately severe and account for the nature of 
                the visual depiction, the acts engaged in, and the 
                potential harm resulting from the offense; the number 
                and age of the victims involved; and the degree to 
                which the victims have been harmed.

SEC. 3. AMENDMENTS TO EXISTING STATUTORY OFFENSES.

    (a) Section 843 Art. 43(b)(2)(C) of title 10, United States Code, 
is amended by inserting ``, 2751(a), or 2752(a)'' after ``section 
1591''.
    (b) Section 1001(a) of title 18, United States Code, is amended by 
inserting ``2751(a), or 2752(a),'' after ``section 1591,''.
    (c) Section 2251(e) of title 18, United States Code, is amended by 
inserting ``section 2751(a), section 2752(a),'' after ``section 
1591,''.
    (d) Section 2252(b) of title 18, United States Code, is amended--
            (1) in subsection (1) by inserting ``section 2751(a), 
        section 2752(a),'' after ``section 1591,''; and
            (2) in subsection (2) by inserting ``section 2751(a), 
        section 2752(a),'' after ``under this chapter,''.
    (e) Section 2252A(b) of title 18, United States Code, is amended--
            (1) in subsection (1) by inserting ``section 2751(a), 
        section 2752(a),'' after ``section 1591,''; and
            (2) in subsection (2) by inserting ``section 2751(a), 
        section 2752(a),'' after ``under this chapter,''.
    (f) Section 2252A(g) of title 18, United States Code, is amended by 
inserting ``or section 2751(a) or 2752(a) (involving a minor victim),'' 
after ``117 (involving a minor victim),''.
    (g) Section 2255(a) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``2422,''; and
            (2) inserting ``, 2751(a), 2752(a), or 2753(a)'' after 
        ``2423''.
    (h) Section 2260A of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``2423,''; and
            (2) by inserting ``2751(a), or 2752(a),'' after ``2425,''.
    (i) Section 2426(b)(1)(A) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' after ``chapter 110,''; and
            (2) by inserting ``, section 2751(a), or section 2752(a)'' 
        after ``section 1591''.
    (j) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``sections 2751, 2752, 2753, 2754, and 2755 (relating to 
coercion of sexual acts and related crimes),'' after ``2425 (relating 
to transportation for illegal sexual activity and related crimes),''.
    (k) Section 3014(a) of title 18, United States Code, is amended--
            (1) by redesignating subsection (5) as subsection (6);
            (2) in subsection (4), by striking ``or'' at the end; and
            (3) by inserting after subsection (4) the following:
            ``(5) section 2751(a), 2752(a), or 2753(a) (relating to 
        coercion of sexual acts and related crimes); or''.
    (l) Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking ``or'' after ``2423,''; and
                    (B) by inserting ``, 2751(a), or 2752(a)'' after 
                ``2425''; and
            (2) in subsection (e)(3)(E)--
                    (A) by striking ``or'' after ``2423,''; and
                    (B) by inserting ``, 2751(a), or 2752(a)'' after 
                ``2425''.
    (m) Section 3156(a)(4)(C) of title 18, United States Code, is 
amended by inserting ``section 2751(a), 2752(a), or'' after ``any 
felony under''.
    (n) Section 3282(b) of title 18, United States Code is amended--
            (1) in subsection (1), by inserting ``or section 2751(a)'' 
        after ``chapter 109A''; and
            (2) in subsection (2), by inserting ``or section 2751(a)'' 
        after ``chapter 109A''.
    (o) Section 3299 of title 18, United States Code, is amended by 
inserting ``, 2751(a), or 2752(a)'' after ``section 1591''.
    (p) Section 3553(b)(2)(A) of title 18, United States Code, is 
amended by inserting ``2751(a), 2752(a), or 2753(a),'' after ``section 
1591,''.
    (q) Section 3559(c)(2)(F)(i) of title 18, United States Code, is 
amended by inserting ``coerced sexual act (as described in section 
2751(a));'' after ``sexual abuse (as described in sections 2241 and 
2242)''.
    (r) Section 3559(e)(2)(A) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' after ``2422(b) (relating to 
        coercion and enticement of a minor into prostitution),''; and
            (2) by inserting ``, or 2751(a) (relating to coercion of 
        sexual acts);'' after ``2423(a) (relating to transportation of 
        minors)''.
    (s) Section 3583(k) of title 18, United States Code, is amended--
            (1) by striking ``or'' after ``2423,'';
            (2) by inserting ``, 2751(a), or 2752(a)'' after ``2425'';
            (3) by striking ``or'' after ``section 1201,'' the second 
        place it occurs; and
            (4) by inserting ``2751(a), or 2752(a),'' after ``1591,'' 
        the second place it occurs.
    (t) Section 3(d)(2) of the DNA Analysis Backlog Elimination Act of 
2000 (4 U.S.C. 14135a(d)(2)) is amended by inserting ``or section 
2751(a)'' after ``chapter 109A''.
    (u) Section 2(1) of the PROTECT our Children Act of 2008 (42 U.S.C. 
17601(1)) is amended--
            (1) by striking ``and'' after ``chapter 110,''; and
            (2) by inserting ``, and chapter 124'' after ``chapter 
        117''.
                                 <all>