[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3067 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3067
To amend title 18, United States Code, to establish certain criminal
violations for various aspects of harassment using the interstate
telecommunications system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2017
Ms. Clark of Massachusetts (for herself, Mrs. Brooks of Indiana, and
Mr. Meehan) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish certain criminal
violations for various aspects of harassment using the interstate
telecommunications system, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Online Safety
Modernization Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTERSTATE SEXTORTION PREVENTION
Sec. 101. Coercion of sexual acts, sexual contact, or sexually intimate
visual depictions.
Sec. 102. Amendments to existing statutory offenses.
TITLE II--INTERSTATE SWATTING HOAX
Sec. 201. False communications to cause an emergency response.
TITLE III--INTERSTATE DOXXING PREVENTION
Sec. 301. Disclosure of personal information with the intent to cause
harm.
TITLE IV--CYBERCRIME STATISTICS
Sec. 401. National strategy, classification, and reporting on
cybercrime.
TITLE V--PRIORITIZING ONLINE THREAT ENFORCEMENT
Sec. 501. Improved investigative and forensic resources for enforcement
of laws related to cybercrimes against
individuals.
Sec. 502. Annual reports.
Sec. 503. Definition of cybercrimes against individuals.
TITLE VI--CYBERCRIME ENFORCEMENT TRAINING ASSISTANCE
Sec. 601. Local law enforcement grants.
Sec. 602. National Resource Center Grant.
TITLE I--INTERSTATE SEXTORTION PREVENTION
SEC. 101. COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR SEXUALLY INTIMATE
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
INTIMATE VISUAL DEPICTIONS
``2751. Coercion of sexual acts.
``2752. Coercion of sexual contact.
``2753. Coerced production of sexually intimate visual depictions.
``2754. Coercion using sexually intimate visual depictions.
``2755. Extortion using sexually intimate visual depictions.
``2756. Offenses involving minors.
``2757. Offenses resulting in death or serious bodily injury.
``2758. Attempt.
``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 causes any person to
engage in a sexual act with another through coercion, fraud, or a
threat 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 cause 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 causes any person to
engage in sexual contact with another through coercion, fraud, or a
threat 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 cause 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. Coerced production of sexually intimate visual depictions
``(a) In General.--Whoever, in a circumstance described in
subsection (b), knowingly causes any person to produce a sexually
intimate visual depiction of any person through coercion, fraud, or a
threat to injure the person, property, or reputation of any person,
shall--
``(1) if a sexual act with another results, be fined under
this title or imprisoned for any number of years or for life,
or both; and
``(2) in any other case, be fined under this title or
imprisoned not more than 20 years, or both.
``(b) Circumstances Described.--The circumstances referred to in
subsection (a) are--
``(1) that the person used the mail or any facility or
means of interstate or foreign commerce to cause any person to
produce a sexually intimate visual depiction of any person;
``(2) that the person knows or has reason to know that such
visual depiction will be--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed;
``(3) the visual depiction was produced or transmitted
using materials that have been mailed, or shipped or
transported in or affecting interstate or foreign commerce by
any means, including by computer;
``(4) such visual depiction has actually been--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed; or
``(5) any part of the offense occurred in a territory or
possession of the United States or within the special maritime
and territorial jurisdiction of the United States.
``(c) Threats.--Whoever, with the intent to cause another person to
produce a sexually intimate 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.
``(d) 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 intimate visual depiction
constitutes child pornography as defined in section 2256(8), the
offender shall be punished as provided in section 2251(e).
``(e) Definition.--In this section, the term `sexually intimate
visual depiction' shall not include any computer-generated sexually
intimate visual depiction.
``Sec. 2754. Coercion using sexually intimate visual depictions
``(a) In General.--Whoever, using the mail or any facility or means
of interstate or foreign commerce, knowingly causes another person to
engage or refrain from engaging in conduct through a threat to publish
any sexually intimate 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 cause another person to
engage or refrain from engaging in conduct, knowingly transmits any
communication containing a threat to publish any sexually intimate
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 intimate
visual depiction' includes any computer-generated sexually intimate
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 intimate 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 a threat
to publish any sexually intimate 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 intimate
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 intimate
visual depiction' includes any computer-generated sexually intimate
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 a victim or intended victim who has
attained the age of 12 years but has not attained the age of 18 years,
or who the defendant believes 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 a victim or intended victim who has not
attained the age of 12 years, or who the defendant believes 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
``(a) In General.--An attempt to violate section 2751(a), 2752(a),
2753(a), 2754(a), or 2755(a) shall be punishable in the same manner as
a completed violation of that section.
``(b) Limitation.--For the purposes of sections 2751, 2752, 2753,
2754, and 2755, conduct consisting exclusively of a violation of
2751(b), 2752(b), 2753(c), 2754(b), and 2755(b) shall not constitute an
attempted violation of 2751(a), 2752(a), 2753(a), 2754(a), and 2755(a).
``Sec. 2759. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment authorized for a violation of section 2751(a), 2752(a), or
2753(a)(1) 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), 2753(a)(1); 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 visual depiction that was produced, used,
or intended for use 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 an offense
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 any other appropriate relief, including reasonable attorney's fees.
``(b) Joint and Several Liability.--An individual who is found
liable under this section shall be jointly and severally liable with
each other person, if any, who is found liable under this section for
damages arising from the same violation of this chapter.
``(c) 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.
``(d) 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) Coercion.--The term `coercion' means--
``(A) threats of serious harm to or physical
restraint against any person;
``(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to perform an
act would result in serious harm to or physical
restraint against any person; or
``(C) the abuse or threatened abuse of law or the
legal process.
``(3) 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, or the intentional transmission or transfer of
male or female ejaculate onto any part of another person's
body.
``(4) Produce.--The term `produce' means to create, make,
manufacture, photograph, film, videotape, record, or transmit
live a visual depiction.
``(5) Sexually intimate visual depiction.--The term
`sexually intimate 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 stored on undeveloped film and
videotape, data stored on computer disk or by any electronic
means that is capable of conversion into a visual image, and
data that is capable of conversion into a visual image that has
been transmitted by any means, whether or not stored in a
permanent format), that depicts--
``(A) the naked 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.
``(6) Victim.--The term `victim' means the individual
harmed as a result of a commission of a crime under this
chapter.
``(7) Minor.--The term `minor' means any person who has not
attained the age of 18 years.
``(8) Publish.--The term `publish' means to circulate,
deliver, distribute, disseminate, transmit, or otherwise make
available to another person, and includes the hosting or
display on the internet by an information content provider.
``(9) Immediate family member.--The term `immediate family
member' means the addressee's--
``(A) spouse, parent, legal guardian, grandparent,
sibling, child, grandchild, or person for whom the
addressee serves as legal guardian; or
``(B) any other person living in the addressee's
household and related to the addressee by blood or
marriage.
``(10) 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.
``(11) Computer-generated sexually intimate visual
depiction.--The term `computer-generated sexually intimate
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 intimate visual depiction.
``(12) Indistinguishable.--The term `indistinguishable',
means virtually indistinguishable, in that the computer-
generated sexually intimate 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.
``(13) 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.
``(14) 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
Intimate 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
title, 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. 102. AMENDMENTS TO EXISTING STATUTORY OFFENSES.
(a) Section 843(b)(2)(C) of title 10, United States Code (Art.
43(b)(2)(C) of the Uniform Code of Military Justice), is amended by
inserting ``, 2751(a), 2752(a), or 2753(a)(1)'' after ``section 1591''.
(b) Section 1001(a) of title 18, United States Code, is amended by
inserting ``2751(a), 2752(a), or 2753(a)(1),'' after ``section 1591,''.
(c) Section 2251(e) of title 18, United States Code, is amended by
inserting ``section 2751(a), section 2752(a), section 2753(a)(1),''
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), section 2753(a)(1),'' after ``section 1591,'';
and
(2) in subsection (2) by inserting ``section 2751(a),
section 2752(a), section 2753(a)(1),'' 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), section 2753(a)(1),'' after ``section 1591,'';
and
(2) in subsection (2) by inserting ``section 2751(a),
section 2752(a), section 2753(a)(1),'' after ``under this
chapter,''.
(f) Section 2252A(g) of title 18, United States Code, is amended by
inserting ``or section 2751(a), 2752(a), or 2753(a)(1) (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) by inserting ``, 2751(a), 2752(a), or 2753(a)(1)''
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), 2752(a), or 2753(a)(1),'' 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), section 2752(a), or
section 2753(a)(1)'' 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), 2752(a), or
2753(a)(1)'' after ``2425''; and
(2) in subsection (e)(3)(E)--
(A) by striking ``or'' after ``2423,''; and
(B) by inserting ``, 2751(a), 2752(a), or
2753(a)(1)'' after ``2425''.
(m) Section 3156(a)(4)(C) of title 18, United States Code, is
amended by inserting ``section 2751(a), 2752(a), 2753(a)(1), or'' after
``any felony under''.
(n) Section 3282(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``, section 2751(a), or
section 2753(a)(1)'' after ``chapter 109A''; and
(2) in paragraph (2), by inserting ``, section 2751(a), or
section 2753(a)(1)'' after ``chapter 109A''.
(o) Section 3299 of title 18, United States Code, is amended by
inserting ``, 2751(a), 2752(a), or 2753(a)(1)'' 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 sections
2751(a) and 2753(a)(1));'' 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) and 2753(a)(1) (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), 2752(a), or 2753(a)(1)''
after ``2425'';
(3) by striking ``or'' after ``section 1201,'' the second
place it occurs; and
(4) by inserting ``2751(a), 2752(a), or 2753(a)(1),'' after
``1591,'' the second place it occurs.
(t) 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''.
TITLE II--INTERSTATE SWATTING HOAX
SEC. 201. FALSE COMMUNICATIONS TO CAUSE AN EMERGENCY RESPONSE.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1041. False communications to cause an emergency response
``(a) Criminal Violation.--Whoever, in the absence of circumstances
reasonably requiring an emergency response, uses the mail or any
facility or means of interstate or foreign commerce to knowingly
transmit false or misleading information that would reasonably be
expected to cause an emergency response, shall--
``(1) if an emergency response results, be fined under this
title or imprisoned not more than 5 years, or both;
``(2) if serious bodily injury (as defined in section 1365)
results, be fined under this title or imprisoned not more than
20 years, or both;
``(3) if death results, be fined under this title or
imprisoned for any number of years or for life, or both; and
``(4) in any other case, be fined under this title or
imprisoned not more than 1 year, or both.
``(b) Civil Action.--
``(1) In general.--Any party incurring damages incident to
an offense under this section may bring a civil action against
the perpetrator in an appropriate district court of the United
States and may recover damages and any other appropriate
relief, including reasonable attorney's fees.
``(2) Joint and several liability.--An individual who is
found liable under this subsection shall be jointly and
severally liable with each other person, if any, who is found
liable under this subsection for damages arising from the same
violation of this section.
``(3) Stay pending criminal action.--
``(A) Any civil action filed under this subsection
shall be stayed during the pendency of any criminal
action arising out of the same occurrence in which the
claimant is the victim.
``(B) In this subsection, the term `criminal
action' includes an investigation and prosecution that
is pending, until final adjudication in the trial
court.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant convicted of an offense under subsection (a), shall
order the defendant to reimburse any party, any State or local
government, or any private not-for-profit organization that
provides fire or rescue service incurring expenses incident to
any emergency response necessitated by such offense.
``(2) Liability.--A person ordered to make reimbursement
under this subsection shall be jointly and severally liable for
such expenses with each other person, if any, who is ordered to
make reimbursement under this subsection for the same expenses.
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated
as a civil judgment.
``(d) Definitions.--In this section:
``(1) Emergency response.--The term `emergency response'
means any deployment of personnel or equipment, order or advice
to evacuate, or issuance of a warning to the public or a
threatened person, organization, or establishment, by an agency
of the United States or a State charged with public safety
functions, including any agency charged with detecting,
preventing, or investigating crimes or with fire or rescue
functions, or by a private not-for-profit organization that
provides fire or rescue service.
``(2) State.--The term `State' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.''.
(b) Technical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1041. False communications to cause an emergency response.''.
TITLE III--INTERSTATE DOXXING PREVENTION
SEC. 301. DISCLOSURE OF PERSONAL INFORMATION WITH THE INTENT TO CAUSE
HARM.
(a) In General.--Chapter 41 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 881. Publication of personally identifiable information with the
intent to cause harm
``(a) Criminal Violation.--Whoever uses the mail or any facility or
means of interstate or foreign commerce, to knowingly publish a
person's personally identifiable information--
``(1) with the intent to threaten, intimidate, or harass
any person, incite or facilitate the commission of a crime of
violence against any person, or place any person in reasonable
fear of death or serious bodily injury; or
``(2) with the intent that the information will be used to
threaten, intimidate, or harass any person, incite or
facilitate the commission of a crime of violence against any
person, or place any person in reasonable fear of death or
serious bodily injury,
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(b) Civil Action.--
``(1) In general.--An individual who is a victim of an
offense under this section may bring a civil action against the
perpetrator in an appropriate district court of the United
States and may recover damages and any other appropriate
relief, including reasonable attorney's fees.
``(2) Joint and several liability.--An individual who is
found liable under this subsection shall be jointly and
severally liable with each other person, if any, who is found
liable under this subsection for damages arising from the same
violation of this section.
``(3) Stay pending criminal action.--
``(A) Any civil action filed under this subsection
shall be stayed during the pendency of any criminal
action arising out of the same occurrence in which the
claimant is the victim.
``(B) In this subsection, the term `criminal
action' includes an investigation and prosecution that
is pending, until final adjudication in the trial
court.
``(c) Definitions.--In this section:
``(1) Publish.--The term `publish' means to circulate,
deliver, distribute, disseminate, transmit, or otherwise make
available to another person.
``(2) Crime of violence.--The term `crime of violence' has
the meaning given the term in section 16.
``(3) Personally identifiable information.--The term
`personally identifiable information' means--
``(A) any information that can be used to
distinguish or trace an individual's identity, such as
name, prior legal name, alias, mother's maiden name,
social security number, date or place of birth,
address, phone number, or biometric data;
``(B) any information that is linked or linkable to
an individual, such as medical, financial, education,
consumer, or employment information, data, or records;
or
``(C) any other sensitive private information that
is linked or linkable to a specific identifiable
individual, such as gender identity, sexual
orientation, or any sexually intimate visual depiction.
``(4) Sexually intimate visual depiction.--The term
`sexually intimate 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 stored on undeveloped film and
videotape, data stored on computer disk or by any electronic
means that is capable of conversion into a visual image, and
data that is capable of conversion into a visual image that has
been transmitted by any means, whether or not stored in a
permanent format), that depicts--
``(A) the naked 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 (as defined in section 2763);
``(C) bestiality; or
``(D) sadistic or masochistic conduct.
``(d) Attempt.--An attempt to violate this section shall be
punishable in the same manner as a completed violation of this section.
``(e) Activities of Law Enforcement.--This section does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 41 title 18, United States Code, is amended by adding at the
end the following new item:
``881. Publication of personally identifiable information with the
intent to cause harm.''.
TITLE IV--CYBERCRIME STATISTICS
SEC. 401. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING ON
CYBERCRIME.
(a) National Strategy.--The Attorney General shall develop a
national strategy to reduce the incidence of cybercrimes against
individuals, coordinate investigations of cybercrimes against
individuals by Federal law enforcement agencies, and increase the
number of Federal prosecutions of cybercrimes against individuals.
(b) Classification of Cybercrimes Against Individuals for Purposes
of Crime Reports.--Pursuant to authority under section 534 of title 28,
United States Code, the Director of the Federal Bureau of Investigation
shall--
(1) design and create within the Uniform Crime Reports a
category for offenses that constitute cybercrimes against
individuals;
(2) to the extent feasible, within the category established
pursuant to paragraph (1), establish subcategories for each
type of cybercrime against an individual which is an offense
under Federal or State law;
(3) classify the category established pursuant to paragraph
(1) as a Part 1 crime in the Uniform Crime Reports; and
(4) classify each type of cybercrime against an individual
which is an offense under Federal or State law as a Group A
offense for the purpose of the National Incident-Based
Reporting System.
(c) Annual Summary.--The Attorney General shall publish an annual
summary of the information reported in the Uniform Crime Reports and
the National Incident-Based Reporting System relating to cybercrimes
against individuals.
(d) Definitions.--In this section:
(1) The term ``cybercrimes against individuals'' means
Federal, State, or local criminal offenses that involve the use
of a computer to cause personal harm to an individual, such as
the use of a computer to harass, threaten, stalk, extort,
coerce, cause fear, intimidate, without consent distribute
intimate images of, or violate the privacy of, an individual,
except that--
(A) use of a computer need not be an element of
such an offense; and
(B) such term does not include the use of a
computer to cause harm to a commercial entity,
government agency, or any non-natural persons.
(2) The term ``computer'' includes a computer network and
any interactive electronic device.
TITLE V--PRIORITIZING ONLINE THREAT ENFORCEMENT
SEC. 501. IMPROVED INVESTIGATIVE AND FORENSIC RESOURCES FOR ENFORCEMENT
OF LAWS RELATED TO CYBERCRIMES AGAINST INDIVIDUALS.
(a) In General.--Subject to the availability of appropriations to
carry out this subsection, the Attorney General, in consultation with
the Director of the Federal Bureau of Investigation, shall, with
respect to cybercrimes against individuals--
(1) ensure that there are at least 10 additional
operational agents of the Federal Bureau of Investigation
designated to support the Criminal Division of the Department
of Justice in the investigation and coordination of cybercrimes
against individuals;
(2) ensure that each office of a United States Attorney
designates at least 1 Assistant United States Attorney as
responsible for investigating and prosecuting cybercrimes
against individuals; and
(3) ensure the implementation of a regular and
comprehensive training program--
(A) the purpose of which is to train agents of the
Federal Bureau of Investigation in the investigation
and prosecution of such crimes and the enforcement of
laws related to cybercrimes against individuals; and
(B) that includes relevant forensic training
related to investigating and prosecuting cybercrimes
against individuals.
(b) Additional Funding for Resources.--
(1) Authorization.--In addition to amounts otherwise
authorized for resources to investigate and prosecute criminal
activity, there are authorized to be appropriated to carry out
this section $4,000,000 for each of fiscal years 2018 through
2022.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
(3) Use of additional funding.--Funds made available under
this subsection shall be used by the Director of the Federal
Bureau of Investigation and the Attorney General, for the
Federal Bureau of Investigation and the Criminal Division of
the Department of Justice, respectively, to--
(A) hire and train law enforcement officers to--
(i) investigate cybercrimes against person;
and
(ii) assist in the prosecution of such
crimes; and
(B) enable relevant units of the Department of
Justice, including units responsible for investigating
cybercrimes against individuals, to procure advanced
tools of forensic science and expert computer forensic
assistance, including from nongovernmental entities, to
investigate, prosecute, and study such crimes.
SEC. 502. ANNUAL REPORTS.
(a) Report of the Attorney General.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter, the
Attorney General shall submit a report to Congress on actions taken to
carry out this title. The initial report required under this subsection
shall be submitted by May 1, 2018. All subsequent annual reports shall
be submitted by May 1st of each fiscal year thereafter. The report
required under this subsection may be submitted as part of the annual
performance report of the Department of Justice, and shall include,
with respect to the authorizations under section 501, the following:
(1) The number of law enforcement officers hired and
trained.
(2) The number and type of investigations and prosecutions
resulting from law enforcement officers designated to
cybercrimes against individuals.
(3) The advanced tools of forensic science procured to
investigate, prosecute, and study cybercrimes against
individuals.
SEC. 503. DEFINITION OF CYBERCRIMES AGAINST INDIVIDUALS.
The term ``cybercrimes against individuals'' means Federal, State,
or local criminal offenses that involve the use of a computer to cause
personal harm to an individual, such as the use of a computer to
harass, threaten, stalk, extort, coerce, cause fear, intimidate,
without consent distribute intimate images of, or violate the privacy
of, an individual, except that--
(1) use of a computer need not be an element of such an
offense; and
(2) such term does not include the use of a computer to
cause harm to a commercial entity, government agency, or any
non-natural persons.
TITLE VI--CYBERCRIME ENFORCEMENT TRAINING ASSISTANCE
SEC. 601. LOCAL LAW ENFORCEMENT GRANTS.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award grants under this section to States and
units of local government for the prevention, enforcement, and
prosecution of cybercrimes against individuals.
(b) Application.--
(1) In general.--To request a grant under this section, the
chief executive officer of a State or unit of local government
shall submit an application to the Attorney General within 90
days after the date on which funds to carry out this section
are appropriated for a fiscal year, in such form as the
Attorney General may require. Such application shall include
the following:
(A) A certification that Federal funds made
available under this section will not be used to
supplant State or local funds, but will be used to
increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law
enforcement activities.
(B) An assurance that, not fewer than 30 days
before the application (or any amendment to the
application) was submitted to the Attorney General, the
application (or amendment) was submitted for review to
the governing body of the State or unit of local
government (or to an organization designated by that
governing body).
(C) An assurance that, before the application (or
any amendment to the application) was submitted to the
Attorney General--
(i) the application (or amendment) was made
public; and
(ii) an opportunity to comment on the
application (or amendment) was provided to
citizens and to neighborhood or community-based
organizations, to the extent applicable law or
established procedure makes such an opportunity
available.
(D) An assurance that, for each fiscal year covered
by an application, the applicant shall maintain and
report such data, records, and information
(programmatic and financial) as the Attorney General
may reasonably require.
(E) A certification, made in a form acceptable to
the Attorney General and executed by the chief
executive officer of the applicant (or by another
officer of the applicant, if qualified under
regulations promulgated by the Attorney General),
that--
(i) the programs to be funded by the grant
meet all the requirements of this section;
(ii) all the information contained in the
application is correct;
(iii) there has been appropriate
coordination with affected agencies; and
(iv) the applicant will comply with all
provisions of this section and all other
applicable Federal laws.
(F) A certification that the State or in the case
of a unit of local government, the State in which the
unit of local government is located, has in effect
criminal laws which prohibit cybercrimes against
individuals.
(G) A certification that any equipment described in
subsection (c)(7) purchased using grant funds awarded
under this section will be used primarily for
investigations and forensic analysis of evidence in
matters involving cybercrimes against individuals.
(c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
(1) training for State or local law enforcement personnel
relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to identify and
investigate cybercrimes against individuals;
(D) training such personnel to enforce and utilize
the laws that prohibit cybercrimes against individuals;
(E) training such personnel to utilize technology
to assist in the investigation of cybercrimes against
individuals and enforcement of laws that prohibit such
crimes; and
(F) the payment of overtime incurred as a result of
such training;
(2) training for State or local prosecutors, judges, and
judicial personnel, relating to cybercrimes against
individuals, including--
(A) training such personnel to identify,
investigate, prosecute, or adjudicate cybercrimes
against individuals;
(B) training such personnel to utilize laws that
prohibit cybercrimes against individuals;
(C) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals; and
(D) training such personnel to utilize technology
to assist in the prosecution or adjudication of acts of
cybercrimes against individuals, including the use of
technology to protect victims of such crimes;
(3) training for State or local emergency dispatch
personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to utilize technology
to assist in the identification of and response to
cybercrimes against individuals; and
(D) the payment of overtime incurred as a result of
such training;
(4) assistance to State or local law enforcement agencies
in enforcing laws that prohibit cybercrimes against
individuals, including expenses incurred in performing
enforcement operations, such as overtime payments;
(5) assistance to State or local law enforcement agencies
in educating the public in order to prevent, deter, and
identify violations of laws that prohibit cybercrimes against
individuals;
(6) assistance to State or local law enforcement agencies
to establish task forces that operate solely to conduct
investigations, forensic analyses of evidence, and prosecutions
in matters involving cybercrimes against individuals;
(7) assistance to State or local law enforcement and
prosecutors in acquiring computers, computer equipment, and
other equipment necessary to conduct investigations and
forensic analysis of evidence in matters involving cybercrimes
against individuals, including expenses incurred in the
training, maintenance, or acquisition of technical updates
necessary for the use of such equipment for the duration of a
reasonable period of use of such equipment;
(8) assistance in the facilitation and promotion of
sharing, with State and local law enforcement officers and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit cybercrimes
against individuals, including the use of multijurisdictional
task forces; or
(9) assistance to State and local law enforcement and
prosecutors in processing interstate extradition requests for
violations of laws involving cybercrimes against individuals,
including expenses incurred in the extradition of an offender
from one State to another.
(d) Report to the Secretary.--On the date that is one year after
the date on which a State or unit of local government receives a grant
under this section, and annually thereafter, the chief executive of
such State or unit of local government shall submit to the Attorney
General a report which contains--
(1) a summary of the activities carried out during the
previous year with any grant received by such State or unit of
local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(e) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (d).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2018 through 2022.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(g) Definitions.--In this section:
(1) The term ``cybercrimes against individuals'' means the
criminal offenses applicable in the relevant State or unit of
local government that involve the use of a computer to cause
personal harm to an individual, such as the use of a computer
to harass, threaten, stalk, extort, coerce, cause fear,
intimidate, without consent distribute intimate images of, or
violate the privacy of, an individual, except that--
(A) use of a computer need not be an element of
such an offense; and
(B) such term does not include the use of a
computer to cause harm to a commercial entity,
government agency, or any non-natural persons.
(2) The term ``computer'' includes a computer network and
an interactive electronic device.
SEC. 602. NATIONAL RESOURCE CENTER GRANT.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award a grant under this section to an eligible
entity for the purpose of the establishment and maintenance of a
National Resource Center on Cybercrimes Against Individuals to provide
resource information, training, and technical assistance to improve the
capacity of individuals, organizations, governmental entities, and
communities to prevent, enforce, and prosecute cybercrimes against
individuals.
(b) Application.--To request a grant under this section, an
eligible entity shall submit an application to the Attorney General not
later than 90 days after the date on which funds to carry out this
section are appropriated for fiscal year 2018 in such form as the
Attorney General may require. Such application shall include the
following:
(1) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
(2) A certification, made in a form acceptable to the
Attorney General, that--
(A) the programs funded by the grant meet all the
requirements of this section;
(B) all the information contained in the
application is correct; and
(C) the applicant will comply with all provisions
of this section and all other applicable Federal laws.
(c) Use of Funds.--The eligible entity awarded a grant under this
section shall use such amounts for the establishment and maintenance of
a National Resource Center on Cybercrimes Against Individuals, which
shall--
(1) offer a comprehensive array of technical assistance and
training resources to Federal, State, and local governmental
agencies, community-based organizations, and other
professionals and interested parties, related to cybercrimes
against individuals, including programs and research related to
victims;
(2) maintain a resource library which shall collect,
prepare, analyze, and disseminate information and statistics
related to--
(A) the incidence of cybercrimes against
individuals;
(B) the enforcement, and prosecution of laws
relating to cybercrimes against individuals; and
(C) the provision of supportive services and
resources for victims of cybercrimes against
individuals; and
(3) conduct research related to--
(A) the causes of cybercrimes against individuals;
(B) the effect of cybercrimes against individuals
on victims of such crimes; and
(C) model solutions to prevent or deter cybercrimes
against individuals or to enforce the laws relating to
cybercrimes against individuals.
(d) Duration of Grant.--
(1) In general.--The grant awarded under this section shall
be awarded for a period of 5 years.
(2) Renewal.--A grant under this section may be renewed for
additional 5-year periods if the Attorney General determines
that the funds made available to the recipient were used in a
manner described in subsection (c), and if the recipient
resubmits an application described in subsection (b) in such
form, and at such time as the Attorney General may reasonably
require.
(e) Subgrants.--The eligible entity awarded a grant under this
section may make subgrants to other nonprofit private organizations
with relevant subject matter expertise in order to establish and
maintain the National Resource Center on Cybercrimes Against
Individuals in accordance with subsection (c).
(f) Report to the Secretary.--On the date that is one year after
the date on which an eligible entity receives a grant under this
section, and annually thereafter for the duration of the grant period,
the entity shall submit to the Attorney General a report which
contains--
(1) a summary of the activities carried out under the grant
program during the previous year;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(g) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (d).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2018 through 2022.
(i) Definitions.--In this section:
(1) Cybercrimes against individuals.--The term
``cybercrimes against individuals'' has the meaning given such
term in section 601(g).
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit private organization that focuses on cybercrimes
against individuals and that--
(A) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(B) includes on the entity's advisory board
representatives who have a documented history of
working directly on issues of cybercrimes against
individuals and who are geographically and culturally
diverse.
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