,i #aadth ,,congress #b;d ,session ,h4 ,r4 #egdi ,,in ,,the ,,house ,,of ,,representatives ,july #ac1 #bjaf,ms4 ,clark of ,massachusetts 7for herself and ,mrs4 ,brooks of ,indiana7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to create offenses for the interstate coercion of sexual acts1 sexual contact1 or sexually explicit visual depictions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,interstate ,sextortion ,prevention ,act4 #b4 ,coercion of sexual acts1 sexual contact1 or sexually explicit visual depictions 7a7 ,in general ,part #a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new chapter3 #abd ,coercion of ,sexual ,acts1 ,sexual ,contact1 or ,sexually ,explicit ,visual ,depictions ,sec4 #bgea4 ,coercion of sexual acts4 #bgeb4 ,coercion of sexual contact4 #bgec4 ,coercion of sexually explicit visual depictions4 #bged4 ,coercion using sexually explicit visual depictions4 #bgee4 ,extortion using sexually explicit visual depictions4 #bgef4 ,offenses involving minors4 #bgeg4 ,offenses resulting in death or serious bodily injury4 #bgeh4 ,attempt and conspiracy4 #bgei4 ,repeat offenders4 #bgfj4 ,forfeitures4 #bgfa4 ,mandatory restitution4 #bgfb4 ,civil action4 #bgfc4 ,definitions4 #bgea4 ,coercion of sexual acts 7a7 ,in general ,whoever1 using the mail or any facility or means of interstate or foreign commerce1 knowingly coerces any person to engage in a sexual act with another1 including through fraud or threats to injure the person1 property1 or reputation of any person1 shall be fined under this title or imprisoned for any number of years or for life1 or both4 7b7 ,threats ,whoever1 with the intent to coerce any person to engage in a sexual act with another1 knowingly transmits any communication containing a threat to injure the person1 property1 or reputation of any person1 using the mail or any facility or means of interstate or foreign commerce1 shall be fined under this title or imprisoned not more than #e years1 or both4 #bgeb4 ,coercion of sexual contact 7a7 ,in general ,whoever1 using the mail or any facility or means of interstate or foreign commerce1 knowingly coerces any person to engage in sexual contact with another1 including through fraud or threats to injure the person1 property1 or reputation of any person1 shall be fined under this title or imprisoned for not more than #aj years1 or both4 7b7 ,threats ,whoever1 with the intent to coerce any person to engage in sexual contact with another1 knowingly transmits any communication containing a threat to injure the person1 property1 or reputation of any person1 using the mail or any facility or means of interstate or foreign commerce1 shall be fined under this title or imprisoned not more than #e years1 or both4 #bgec4 ,coercion of sexually explicit visual depictions 7a7 ,in general ,whoever1 using the mail or any facility or means of interstate or foreign commerce1 knowingly coerces another person to produce a sexually explicit visual depiction of any person1 including through fraud or threats to injure the person1 property1 or reputation of any person1 shall be fined under this title or imprisoned not more than #bj years1 or both4 7b7 ,threats ,whoever1 with the intent to cause another person to produce a sexually explicit visual depiction of any person1 knowingly transmits any communication containing a threat to injure the person1 property1 or reputation of any person1 using the mail or any facility or means of interstate or foreign commerce1 shall be fined under this title or imprisoned not more than #e years1 or both4 7c7 ,offenses involving minors ,notwithstanding any other provision of law1 in any case under this section involving a victim under the age of #ah where the sexually explicit visual depiction constitutes child pornography as defined in section #bbef7h71 the offender shall be punished as provided in section #bbea7;e74 7d7 ,definition ,in this section the term sexually explicit visual depiction shall not include any computer-generated sexually explicit visual depiction4 #bged4 ,coercion using sexually explicit visual depictions 7a7 ,in general ,whoever1 using the mail or any facility or means of interstate or foreign commerce1 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 addressee1 shall be fined under this title or imprisoned not more than #g years or both4 7b7 ,threats ,whoever1 with the intent to coerce another person to engage or refrain from engaging in conduct1 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 addressee1 using the mail or any facility or means of interstate or foreign commerce1 shall be fined under this title or imprisoned not more than #e years1 or both4 7c7 ,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 addressee4 #bgee4 ,extortion using sexually explicit visual depictions 7a7 ,in general ,whoever1 using the mail or any facility or means of interstate or foreign commerce1 knowingly extorts any money1 property1 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 addressee1 shall be fined under this title or imprisoned not more than #g years or both4 7b7 ,threats ,whoever1 with the intent to extort any money1 property1 or other thing of value from any person1 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 addressee1 using the mail or any facility or means of interstate or foreign commerce1 shall be fined under this title or imprisoned not more than #e years1 or both4 7c7 ,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 addressee4 #bgef4 ,offenses involving minors 7a7 ,offenses involving minors under #ah ,if the conduct that violates this chapter involves an individual1 whether real or fictional1 who has attained the age of #ab years but has not attained the age of #ah years1 the maximum term of imprisonment authorized for that offense shall be increased by #e years in addition to any penalty otherwise provided in this chapter4 7b7 ,offenses involving minors under #ab ,if the conduct that violates this chapter involves an individual1 whether real or fictional1 who has not attained the age of #ab years1 the maximum term of imprisonment authorized for that offense shall be twice that otherwise provided in this chapter4 #bgeg4 ,offenses resulting in death or serious bodily injury 7a7 ,offenses resulting in death ,a person who commits a violation of this chapter that results in the death of any person1 shall be fined under this title or imprisoned for any number of years or for life1 or both4 7b7 ,offenses resulting in serious bodily injury ,a person who commits a violation of this chapter that results in serious bodily injury to any person1 shall be fined under this title or imprisoned not more than #bj years1 or both4 #bgeh4 ,attempt and conspiracy ,whoever attempts or conspires to violate this chapter shall be punishable in the same manner as a completed violation of this chapter4 #bgei4 ,repeat offenders 7a7 ,maximum term of imprisonment ,the maximum term of imprisonment authorized for a violation of section #bgea7;a7 or #bgeb7;a7 after a prior sex offense conviction shall be twice the term of imprisonment otherwise provided by this chapter1 unless section #ceei7;e7 applies4 7b7 ,definitions ,in this section-- 7#a7 the term prior sex offense conviction means a conviction for an offense-- 7,a7 under chapter #aji;,a1 chapter #aaj1 chapter #aag or section #aeia1 #bgea7;a71 #bgeb7;a72 or 7,b7 under ,state law or the ,uniform ,code of ,military ,justice involving an offense described in subparagraph 7,a7 or would be such an offense if committed under circumstances supporting federal jurisdiction2 and 7#b7 the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 #bgfj4 ,forfeitures 7a7 ,in general ,the court1 in imposing sentence on any person convicted of a violation of this chapter1 shall order1 in addition to any other sentence imposed and irrespective of any provision of ,state law1 that such person shall forfeit to the ,united ,states-- 7#a7 such person's interest in any property1 real or personal1 that was used or intended to be used to commit or to facilitate the commission of such violation2 and 7#b7 any property1 real or personal1 constituting or derived from any proceeds that such person obtained1 directly or indirectly1 as a result of such violation4 7b7 ,property subject to forfeiture 7#a7 ,in general ,the following shall be subject to forfeiture to the ,united ,states and no property right shall exist in them3 7,a7 any property1 real or personal1 used or intended to be used to commit or to facilitate the commission of any violation of this chapter2 7,b7 any property1 real or personal1 that constitutes or is derived from proceeds traceable to any violation of this chapter2 and 7,c7 any sexually explicit visual depiction which was produced or used in violation of this chapter4 7#b7 ,applicability of chapter #df ,the provisions of chapter #df of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection4 7c7 ,transfer of forfeited assets 7#a7 ,in general ,the ,attorney ,general is authorized to transfer assets forfeited pursuant to this section1 or the proceeds derived from the sale thereof1 to satisfy victim restitution orders arising from violations of this chapter4 7#b7 ,use of non-forfeited assets ,transfers pursuant to paragraph 7#a7 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 assets4 #bgfa4 ,mandatory restitution 7a7 ,in general ,notwithstanding section #cffc or #cffc;,a1 and in addition to any other civil or criminal penalty authorized by law1 the court shall order restitution for any offense under this chapter4 7b7 ,scope and nature of order 7#a7 ,directions ,the order of restitution under this section shall direct the defendant to pay to the victim 7through the appropriate court mechanism7 the full amount of the victim's losses as determined by the court pursuant to paragraph 7#b74 7#b7 ,enforcement ,an order of restitution under this section shall be issued and enforced in accordance with section #cffd in the same manner as an order under section #cffc;,a4 7#c7 ,definition ,for purposes of this subsection1 the term full amount of the victim's losses includes any costs incurred by the victim for-- 7,a7 medical services relating to physical1 psychiatric1 or psychological care2 7,b7 physical and occupational therapy or rehabilitation2 7,c7 necessary transportation1 temporary housing1 and child care expenses2 7,d7 lost income2 7,e7 attorneys' fees1 plus any costs incurred in obtaining a civil protection order2 and 7,f7 any other losses suffered by the victim as a proximate result of the offense4 7#d7 ,order mandatory 7,a7 ,the issuance of a restitution order under this section is mandatory4 7,b7 ,a court may not decline to issue an order under this section because of-- 7i7 the economic circumstances of the defendant2 or 7ii7 the fact that a victim has1 or is entitled to1 receive compensation for his or her injuries from the proceeds of insurance or any other source4 7c7 ,transfer of crime victim's rights ,in the case of a victim who is under #ah years of age1 incompetent1 incapacitated1 or deceased1 the legal guardian of the victim or representative of the victim's estate1 another family member1 or any other person appointed as suitable by the court1 may assume the crime victim's rights under this chapter1 but in no event shall the defendant be named as such representative or guardian4 #bgfb4 ,civil action 7a7 ,in general ,an individual who is a victim of offenses under this chapter may bring a civil action against the perpetrator 7or whoever knowingly benefits1 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 chapter7 in an appropriate district court of the ,united ,states and may recover damages and reasonable attorney's fees4 7b7 ,stay pending criminal action 7#a7 ,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 victim4 7#b7 ,in this subsection1 the term criminal action includes an investigation and prosecution that is pending1 until final adjudication in the trial court4 7c7 ,statute of limitations ,no action may be maintained under this section unless it is commenced not later than the later of-- 7#a7 #aj years after the cause of action arose2 or 7#b7 #aj years after the victim reaches #ah years of age1 if the victim was a minor at the time of the alleged offense4 #bgfc4 ,definitions ,in this chapter3 7#a7 ,sexual act ,the term sexual act means-- 7,a7 any genital to genital1 oral to genital1 anal to genital1 or oral to anal contact1 not through the clothing2 7,b7 the penetration1 however slight1 of the anal or genital opening of any person by a hand or finger or by any object2 or 7,c7 the intentional touching1 not through the clothing1 of the genitalia of or by any person4 7#b7 ,sexual contact ,the term sexual contact means the intentional touching1 either directly or through the clothing1 of the genitalia1 anus1 groin1 breast1 inner thigh1 or buttocks of any person4 7#c7 ,produce ,the term produce means to create1 make1 manufacture1 photograph1 film1 videotape1 record1 or transmit4 7#d7 ,sexually explicit visual depiction ,the term sexually explicit visual depiction means any photograph1 film1 video1 or other recording or live transmission of a person1 whether produced by electronic1 mechanical1 or other means 7including depictions that are not stored in a permanent format71 that depicts-- 7,a7 the lascivious exhibition of the anus1 the post-pubescent female nipple1 the genitals1 or the pubic area of any person2 7,b7 any actual or simulated sexual contact or sexual act2 7,c7 bestiality2 or 7,d7 sadistic or masochistic conduct4 7#e7 ,victim ,the term victim means the individual harmed as a result of a commission of a crime under this chapter4 7#f7 ,minor ,the term minor means any person who has not attained the age of #ah years4 7#g7 ,publish ,the term publish means to circulate1 deliver1 distribute1 disseminate1 transmit1 or otherwise make available to another person4 7#h7 ,immediate family member ,the term immediate family member means the addressee's-- 7,a7 spouse1 parent1 brother1 sister1 child1 or person to whom the addressee stands in loco parentis2 or 7,b7 any other person living in the addressee's household and related to the addressee by blood or marriage4 7#i7 ,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 addressee1 as determined by the length of the relationship1 the type of relationship1 and the frequency of interaction between the persons involved in the relationship4 7#aj7 ,computer-generated sexually explicit visual depiction ,the term computer-generated sexually explicit visual depiction means a depiction that has been created1 adapted1 or modified through the use of any computer technology to appear to be a sexually explicit visual depiction4 7#aa7 ,indistinguishable ,the term indistinguishable1 means virtually indistinguishable1 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 addressee4 ,this definition does not apply to depictions that are drawings1 cartoons1 sculptures1 or paintings depicting any person4 7#ab7 ,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 persons1 objects1 or activities depicted4 7#ac7 ,serious bodily injury ,the term serious bodily injury means bodily injury that involves a substantial risk of death1 unconsciousness1 extreme physical pain1 protracted and obvious disfigurement1 or protracted loss or impairment of the function of a bodily member1 organ1 or mental faculty4 4 7b7 ,clerical amendment ,the table of chapters at the beginning of part #a of title #ah1 ,united ,states ,code1 is amended adding at the end the following new item3 ,chapter #abd--;,coercion of ,sexual ,acts1 ,sexual ,contact1 or ,sexually ,explicit ,visual ,depictions 4 7c7 ,directive to ,united ,states ,sentencing ,commission 7#a7 ,in general ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 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 #abd added to title #ah1 ,united ,states ,code1 by this ,act1 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 offenses4 7#b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7,a7 the mandate of the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 to promulgate guidelines that meet the purposes of sentencing as set forth in section #ceec7;a77#b7 of title #ah1 and in particular to ensure that sentencing courts properly consider the seriousness of the offense1 to promote respect for the law1 to provide just punishment for the offense1 to afford adequate deterrence to criminal conduct1 and to protect the public from further crimes of the defendant2 and 7,b7 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 depiction1 the acts engaged in1 and the potential harm resulting from the offense2 the number and age of the victims involved2 and the degree to which the victims have been harmed4 #c4 ,amendments to existing statutory offenses 7a7 ,section #hdc ,art4 #dc7;b77#b77;,c7 of title #aj1 ,united ,states ,code1 is amended by inserting 1 #bgea7;a71 or #bgeb7;a7 after section #aeia4 7b7 ,section #ajja7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting #bgea7;a71 or #bgeb7;a71 after section #aeia14 7c7 ,section #bbea7;e7 of title #ah1 ,united ,states ,code1 is amended by inserting section #bgea7;a71 section #bgeb7;a71 after section #aeia14 7d7 ,section #bbeb7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7#a7 by inserting section #bgea7;a71 section #bgeb7;a71 after section #aeia12 and 7#b7 in subsection 7#b7 by inserting section #bgea7;a71 section #bgeb7;a71 after under this chapter14 7e7 ,section #bbeb;,a7b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7#a7 by inserting section #bgea7;a71 section #bgeb7;a71 after section #aeia12 and 7#b7 in subsection 7#b7 by inserting section #bgea7;a71 section #bgeb7;a71 after under this chapter14 7f7 ,section #bbeb;,a7g7 of title #ah1 ,united ,states ,code1 is amended by inserting or section #bgea7;a7 or #bgeb7;a7 7involving a minor victim71 after #aag 7involving a minor victim714 7g7 ,section #bbee7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking or after #bdbb12 and 7#b7 inserting 1 #bgea7;a71 #bgeb7;a71 or #bgec7;a7 after #bdbc4 7h7 ,section #bbfj;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking or after #bdbc12 and 7#b7 by inserting #bgea7;a71 or #bgeb7;a71 after #bdbe14 7i7 ,section #bdbf7;b77#a77;,a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking or after chapter #aaj12 and 7#b7 by inserting 1 section #bgea7;a71 or section #bgeb7;a7 after section #aeia4 7j7 ,section #beaf7a77;c7 of title #ah1 ,united ,states ,code1 is amended by inserting sections #bgea1 #bgeb1 #bgec1 #bged1 and #bgee 7relating to coercion of sexual acts and related crimes71 after #bdbe 7relating to transportation for illegal sexual activity and related crimes714 7k7 ,section #cjad7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7#e7 as subsection 7#f72 7#b7 in subsection 7#d71 by striking or at the end2 and 7#c7 by inserting after subsection 7#d7 the following3 7#e7 section #bgea7;a71 #bgeb7;a71 or #bgec7;a7 7relating to coercion of sexual acts and related crimes72 or 4 7l7 ,section #cadb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking or after #bdbc12 and 7,b7 by inserting 1 #bgea7;a71 or #bgeb7;a7 after #bdbe2 and 7#b7 in subsection 7e77#c77;,e7-- 7,a7 by striking or after #bdbc12 and 7,b7 by inserting 1 #bgea7;a71 or #bgeb7;a7 after #bdbe4 7m7 ,section #caef7;a77#d77;,c7 of title #ah1 ,united ,states ,code1 is amended by inserting section #bgea7;a71 #bgeb7;a71 or after any felony under4 7n7 ,section #cbhb7;b7 of title #ah1 ,united ,states ,code is amended-- 7#a7 in subsection 7#a71 by inserting or section #bgea7;a7 after chapter #aji;,a2 and 7#b7 in subsection 7#b71 by inserting or section #bgea7;a7 after chapter #aji;,a4 7o7 ,section #cbii of title #ah1 ,united ,states ,code1 is amended by inserting 1 #bgea7;a71 or #bgeb7;a7 after section #aeia4 7p7 ,section #ceec7;b77#b77;,a7 of title #ah1 ,united ,states ,code1 is amended by inserting #bgea7;a71 #bgeb7;a71 or #bgec7;a71 after section #aeia14 7q7 ,section #ceei7;c77#b77;,f77i7 of title #ah1 ,united ,states ,code1 is amended by inserting coerced sexual act 7as described in section #bgea7;a772 after sexual abuse 7as described in sections #bbda and #bbdb74 7r7 ,section #ceei7;e77#b77;,a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking or after #bdbb7;b7 7relating to coercion and enticement of a minor into prostitution712 and 7#b7 by inserting 1 or #bgea7;a7 7relating to coercion of sexual acts72 after #bdbc7;a7 7relating to transportation of minors74 7s7 ,section #cehc7k7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking or after #bdbc12 7#b7 by inserting 1 #bgea7;a71 or #bgeb7;a7 after #bdbe2 7#c7 by striking or after section #abja1 the second place it occurs2 and 7#d7 by inserting #bgea7;a71 or #bgeb7;a71 after #aeia1 the second place it occurs4 7t7 ,section #c7;d77#b7 of the ,,dna ,analysis ,backlog ,elimination ,act of #bjjj 7#d ,u4,s4,c4 #adace;a7d77#b77 is amended by inserting or section #bgea7;a7 after chapter #aji;,a4 7u7 ,section #b7a7 of the ,,protect our ,children ,act of #bjjh 7#db ,u4,s4,c4 #agfja7a77 is amended-- 7#a7 by striking and after chapter #aaj12 and 7#b7 by inserting 1 and chapter #abd after chapter #aag4