James T. Woods Act
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Would make it a federal crime to threaten to distribute a sexual image of a minor in order to coerce that minor, or someone believed to be a minor, into producing or sending further sexually explicit images.
The bill targets a coercive tactic sometimes called sextortion, where an image already in hand is used as leverage to demand more explicit material, by amending existing child exploitation statutes to criminalize the threat itself, not just the underlying image.
What this bill would do
What it would do
The bill, as passed by the House, would amend two existing federal child exploitation statutes — 18 U.S.C. §§ 2252 and 2252A — to add a new criminal offense. It would make it a federal crime to knowingly distribute, offer, send, or provide, in interstate or foreign commerce, a threat to distribute a sexually explicit visual depiction of a minor (or of someone the defendant believes is a minor), when done with intent to coerce that minor, or believed minor, into creating or transmitting further sexually explicit depictions.
The amendments insert this new offense alongside existing prohibitions on producing, receiving, and distributing child sexual abuse material, and extend the same penalty structure already used for those existing offenses to the new threat-based offense. The bill does not otherwise change sentencing guidelines, reporting requirements, or courtroom protections for minors.
Key provisions
- 1Would criminalize knowingly distributing, offering, sending, or providing a threat to distribute a sexually explicit depiction of a minor, made with intent to coerce further such depictions
- 2Would apply the same criminal penalty provisions already used for existing child pornography distribution offenses to this new threat-based offense
- 3Would add a parallel threat-based offense under the child pornography statute covering visual depictions of minors engaging in sexually explicit conduct
- 4Would extend existing sentencing and penalty cross-references in Section 2252 to cover the new threat offense
Who would be affected
Federal prosecutors and law enforcement pursuing online exploitation and sextortion cases, individuals who threaten minors with sexual images to coerce further material, and minors targeted by such threats. Internet platforms and communications providers involved in transmitting such threats could also be implicated in related investigations.
Why it matters
Currently, prosecutors may struggle to charge someone who threatens to distribute a sexual image of a minor to extort further images, if no new image has yet been created. This bill would let federal authorities charge the threat itself as a standalone crime, closing a gap that sextortion offenders have reportedly exploited to coerce victims.
What would change
Changes to existing law
Amends 18 U.S.C. § 2252A (Sec. 2(a))
Adds a new paragraph criminalizing threats to distribute sexually explicit depictions of a minor made to coerce creation or transmission of further such depictions.
Amends 18 U.S.C. § 2252 (Sec. 2(b))
Adds a parallel threat-based offense and extends existing penalty and sentencing cross-references to cover it.
How implementation would work
The bill is self-executing: it amends the criminal code directly, so no agency rulemaking or grant program is required. Federal prosecutors would begin charging the new threat-based offense under the amended statutes upon enactment, using the same penalty structure already applied to related child exploitation offenses. Courts would apply existing sentencing frameworks tied to Sections 2252 and 2252A when adjudicating cases brought under the new provision.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 346.
Official CRS summary
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This bill expands the federal framework for combating the online exploitation of children. Among its provisions, the bill establishes new criminal offenses, expands reporting requirements, and facilitates the prosecution and sentencing of offenders.
TITLE I—SAFE ACT
Sentencing Accountability For Exploitation Act or the SAFE Act
This title directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to federal criminal offenses involving the production, receipt, transport, shipment, or distribution of child sexual abuse material to (1) account for the actual and potential harm from the offense and changes since the last amendments with respect to the typical offense behavior and modern technologies, and (2) better reflect the spectrum of offender culpability.
TITLE II—ENDING COERCION OF CHILDREN AND HARM ONLINE
Ending Coercion of Children and Harm Online Act or the ECCHO Act
This title establishes a federal framework to combat the online coercion of minors to commit harm. The title creates new criminal offenses, expands reporting of instances involving the online coercion of minors, facilitates the prosecution of offenders, and expands protections for minors who testify in court.
TITLE III—STOP SEXTORTION
Stop Sextortion Act
This title criminalizes threats to distribute child sexual abuse material to intimidate, coerce, extort, or cause substantial emotional distress. This practice is commonly referred to as sextortion. The title also increases criminal penalties for related offenses that involve the use of child sexual abuse material to intimidate, coerce, extort, or cause substantial emotional distress.
Legislative subjects
Crime and Law Enforcement; Crimes against children; Criminal investigation, prosecution, interrogation; Domestic violence and child abuse; Pornography; Sex offenses