Sec. 101. Coercion of sexual acts, sexual contact, or sexually intimate visual depictions
3,129 words·~14 min read·
/bill/115/hr/3067/ih/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part 1 of title 18, United States Code, is amended by adding at the end the following new chapter: 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. 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. 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.
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. 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.
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— 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 in any other case, be fined under this title or imprisoned not more than 20 years, or both. The circumstances referred to in subsection
(a)are— 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; that the person knows or has reason to know that such visual depiction will be— transported or transmitted using any means or facility of interstate or foreign commerce; transported or transmitted in or affecting interstate or foreign commerce; or mailed; 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; such visual depiction has actually been— transported or transmitted using any means or facility of interstate or foreign commerce; transported or transmitted in or affecting interstate or foreign commerce; or mailed; or 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. 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. 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). In this section, the term sexually intimate visual depiction shall not include any computer-generated sexually intimate visual depiction. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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). 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. In this section— the term prior sex offense conviction means a conviction for an offense— under chapter 109A, chapter 110, chapter 117 or section 1591, 2751(a), 2752(a), 2753(a)(1); or 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 the term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. 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— 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 any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation. The following shall be subject to forfeiture to the United States and no property right shall exist in them: any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter; any property, real or personal, that constitutes or is derived from proceeds traceable to any violation of this chapter; and any visual depiction that was produced, used, or intended for use in violation of this chapter. The provisions of chapter 46 of this title relating to civil forfeitures shall apply to any seizure or civil forfeiture under this subsection. 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. 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. 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. 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). 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. For purposes of this subsection, the term full amount of the victim’s losses includes any costs incurred by the victim for— medical services relating to physical, psychiatric, or psychological care; physical and occupational therapy or rehabilitation; necessary transportation, temporary housing, and child care expenses; lost income; attorneys’ fees, plus any costs incurred in obtaining a civil protection order; and any other losses suffered by the victim as a proximate result of the offense. The issuance of a restitution order under this section is mandatory. A court may not decline to issue an order under this section because of— the economic circumstances of the defendant; or 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. 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. 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. 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. 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. In this subsection, the term criminal action includes an investigation and prosecution that is pending, until final adjudication in the trial court. No action may be maintained under this section unless it is commenced not later than the later of— 10 years after the cause of action arose; or 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense. In this chapter: The term sexual act means— any genital to genital, oral to genital, anal to genital, or oral to anal contact, not through the clothing; the penetration, however slight, of the anal or genital opening of any person by a hand or finger or by any object; or the intentional touching, not through the clothing, of the genitalia of or by any person. The term coercion means— threats of serious harm to or physical restraint against any person; 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 the abuse or threatened abuse of law or the legal process. 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. The term produce means to create, make, manufacture, photograph, film, videotape, record, or transmit live a 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— the naked exhibition of the anus, the post-pubescent female nipple, the genitals, or the pubic area of any person; any actual or simulated sexual contact or sexual act; bestiality; or sadistic or masochistic conduct. The term victim means the individual harmed as a result of a commission of a crime under this chapter. The term minor means any person who has not attained the age of 18 years. 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. The term immediate family member means the addressee’s— spouse, parent, legal guardian, grandparent, sibling, child, grandchild, or person for whom the addressee serves as legal guardian; or any other person living in the addressee’s household and related to the addressee by blood or marriage. 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. 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. 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. 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. 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. . 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 . 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. In carrying out this section, the United States Sentencing Commission shall consider— 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 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.