I 
114TH CONGRESS 
2D SESSION 
H. R. 5749 
To amend title 18, United States Code, to create offenses for the interstate 
coercion of sexual acts, sexual contact, or sexually explicit visual depic-
tions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2016 
Ms. CLARK of Massachusetts (for herself and Mrs. BROOKS of Indiana) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 18, United States Code, to create offenses 
for the interstate coercion of sexual acts, sexual contact, 
or sexually explicit visual depictions, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Interstate Sextortion 
Prevention Act’’. 
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SEC. 2. COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR 
SEXUALLY EXPLICIT VISUAL DEPICTIONS. 
(a) IN GENERAL.—Part 1 of title 18, United States 
Code, is amended by adding at the end the following new 
chapter: 
‘‘CHAPTER 124—COERCION OF SEXUAL 
ACTS, SEXUAL CONTACT, OR SEXU-
ALLY EXPLICIT VISUAL DEPICTIONS 
‘‘Sec. 
‘‘2751. Coercion of sexual acts. 
‘‘2752. Coercion of sexual contact. 
‘‘2753. Coercion of sexually explicit visual depictions. 
‘‘2754. Coercion using sexually explicit visual depictions. 
‘‘2755. Extortion using sexually explicit visual depictions. 
‘‘2756. Offenses involving minors. 
‘‘2757. Offenses resulting in death or serious bodily injury. 
‘‘2758. Attempt and conspiracy. 
‘‘2759. Repeat offenders. 
‘‘2760. Forfeitures. 
‘‘2761. Mandatory restitution. 
‘‘2762. Civil action. 
‘‘2763. Definitions. 
‘‘§ 2751. Coercion of sexual acts 
‘‘(a) IN GENERAL.—Whoever, using the mail or any 
facility or means of interstate or foreign commerce, know-
ingly coerces any person to engage in a sexual act with 
another, including through fraud or threats to injure the 
person, property, or reputation of any person, shall be 
fined under this title or imprisoned for any number of 
years or for life, or both. 
‘‘(b) THREATS.—Whoever, with the intent to coerce 
any person to engage in a sexual act with another, know-
ingly transmits any communication containing a threat to 
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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 impris-
oned not more than 5 years, or both. 
‘‘§ 2752. Coercion of sexual contact 
‘‘(a) IN GENERAL.—Whoever, using the mail or any 
facility or means of interstate or foreign commerce, know-
ingly coerces any person to engage in sexual contact with 
another, including through fraud or threats to injure the 
person, property, or reputation of any person, shall be 
fined under this title or imprisoned for not more than 10 
years, or both. 
‘‘(b) THREATS.—Whoever, with the intent to coerce 
any person to engage in sexual contact with another, 
knowingly transmits any communication containing a 
threat to injure the person, property, or reputation of any 
person, using the mail or any facility or means of inter-
state or foreign commerce, shall be fined under this title 
or imprisoned not more than 5 years, or both. 
‘‘§ 2753. Coercion of sexually explicit visual depic-
tions 
‘‘(a) IN GENERAL.—Whoever, using the mail or any 
facility or means of interstate or foreign commerce, know-
ingly coerces another person to produce a sexually explicit 
visual depiction of any person, including through fraud or 
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threats to injure the person, property, or reputation of any 
person, shall be fined under this title or imprisoned not 
more than 20 years, or both. 
‘‘(b) THREATS.—Whoever, with the intent to cause 
another person to produce a sexually explicit visual depic-
tion of any person, knowingly transmits any communica-
tion containing a threat to injure the person, property, or 
reputation of any person, using the mail or any facility 
or means of interstate or foreign commerce, shall be fined 
under this title or imprisoned not more than 5 years, or 
both. 
‘‘(c) OFFENSES
INVOLVING
MINORS.—Notwith-
standing any other provision of law, in any case under this 
section involving a victim under the age of 18 where the 
sexually explicit visual depiction constitutes child pornog-
raphy as defined in section 2256(8), the offender shall be 
punished as provided in section 2251(e). 
‘‘(d) DEFINITION.—In this section the term ‘sexually 
explicit visual depiction’ shall not include any computer- 
generated sexually explicit visual depiction. 
‘‘§ 2754. Coercion using sexually explicit visual depic-
tions 
‘‘(a) IN GENERAL.—Whoever, using the mail or any 
facility or means of interstate or foreign commerce, know-
ingly coerces another person to engage or refrain from en-
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gaging in conduct through threats to publish any sexually 
explicit visual depiction of the addressee or of an imme-
diate family member or intimate partner of the addressee, 
shall be fined under this title or imprisoned not more than 
7 years or both. 
‘‘(b) THREATS.—Whoever, with the intent to coerce 
another person to engage or refrain from engaging in con-
duct, knowingly transmits any communication containing 
a threat to publish any sexually explicit visual depiction 
of the addressee or of an immediate family member or inti-
mate partner of the addressee, using the mail or any facil-
ity or means of interstate or foreign commerce, shall be 
fined under this title or imprisoned not more than 5 years, 
or both. 
‘‘(c) DEFINITION.—In this section the term ‘sexually 
explicit visual depiction’ includes any computer-generated 
sexually explicit visual depiction that is indistinguishable 
from an actual depiction of the addressee or of an imme-
diate family member or intimate partner of the addressee. 
‘‘§ 2755. Extortion using sexually explicit visual de-
pictions 
‘‘(a) IN GENERAL.—Whoever, using the mail or any 
facility or means of interstate or foreign commerce, know-
ingly extorts any money, property, or other thing of value 
from another person through threats to publish any sexu-
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ally explicit visual depiction of the addressee or of an im-
mediate family member or intimate partner of the ad-
dressee, 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 per-
son, knowingly transmits any communication containing 
a threat to publish any sexually explicit visual depiction 
of the addressee or of an immediate family member or inti-
mate partner of the addressee, using the mail or any facil-
ity or means of interstate or foreign commerce, shall be 
fined under this title or imprisoned not more than 5 years, 
or both. 
‘‘(c) DEFINITION.—In this section the term ‘sexually 
explicit visual depiction’ includes any computer-generated 
sexually explicit visual depiction that is indistinguishable 
from an actual depiction of the addressee or of an imme-
diate family member or intimate partner of the addressee. 
‘‘§ 2756. Offenses involving minors 
‘‘(a) OFFENSES INVOLVING MINORS UNDER 18.—If 
the conduct that violates this chapter involves an indi-
vidual, whether real or fictional, who has attained the age 
of 12 years but has not attained the age of 18 years, the 
maximum term of imprisonment authorized for that of-
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fense shall be increased by 5 years in addition to any pen-
alty otherwise provided in this chapter. 
‘‘(b) OFFENSES INVOLVING MINORS UNDER 12.—If 
the conduct that violates this chapter involves an indi-
vidual, whether real or fictional, who has not attained the 
age of 12 years, the maximum term of imprisonment au-
thorized for that offense shall be twice that otherwise pro-
vided in this chapter. 
‘‘§ 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 im-
prisoned for any number of years or for life, or both. 
‘‘(b) OFFENSES RESULTING IN SERIOUS BODILY IN-
JURY.—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. 
‘‘§ 2758. Attempt and conspiracy 
‘‘Whoever attempts or conspires to violate this chap-
ter shall be punishable in the same manner as a completed 
violation of this chapter. 
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‘‘§ 2759. Repeat offenders 
‘‘(a) MAXIMUM
TERM
OF
IMPRISONMENT.—The 
maximum term of imprisonment authorized for a violation 
of section 2751(a) or 2752(a) after a prior sex offense 
conviction shall be twice the term of imprisonment other-
wise provided by this chapter, unless section 3559(e) ap-
plies. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘prior sex offense conviction’ 
means a conviction for an offense— 
‘‘(A) under chapter 109A, chapter 110, 
chapter 117 or section 1591, 2751(a), 2752(a); 
or 
‘‘(B) under State law or the Uniform Code 
of Military Justice involving an offense de-
scribed 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. 
‘‘§ 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 irre-
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spective 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 viola-
tion; and 
‘‘(2) any property, real or personal, constituting 
or derived from any proceeds that such person ob-
tained, directly or indirectly, as a result of such vio-
lation. 
‘‘(b) PROPERTY SUBJECT TO FORFEITURE.— 
‘‘(1) IN GENERAL.—The following shall be sub-
ject to forfeiture to the United States and no prop-
erty right shall exist in them: 
‘‘(A) any property, real or personal, used 
or intended to be used to commit or to facilitate 
the commission of any violation of this chapter; 
‘‘(B) any property, real or personal, that 
constitutes or is derived from proceeds traceable 
to any violation of this chapter; and 
‘‘(C) any sexually explicit visual depiction 
which was produced or used in violation of this 
chapter. 
‘‘(2) APPLICABILITY OF CHAPTER 46.—The pro-
visions of chapter 46 of this title relating to civil for-
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feitures 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.—Trans-
fers pursuant to paragraph (1) shall not reduce or 
otherwise mitigate the obligation of a person con-
victed 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 trans-
ferred under this subsection through the use of non- 
forfeited assets. 
‘‘§ 2761. Mandatory restitution 
‘‘(a) IN GENERAL.—Notwithstanding section 3663 or 
3663A, and in addition to any other civil or criminal pen-
alty 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 
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to the victim (through the appropriate court mecha-
nism) the full amount of the victim’s losses as deter-
mined by the court pursuant to paragraph (2). 
‘‘(2) ENFORCEMENT.—An order of restitution 
under this section shall be issued and enforced in ac-
cordance with section 3664 in the same manner as 
an order under section 3663A. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, 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 in-
curred in obtaining a civil protection order; and 
‘‘(F) any other losses suffered by the vic-
tim as a proximate result of the offense. 
‘‘(4) ORDER MANDATORY.— 
‘‘(A) The issuance of a restitution order 
under this section is mandatory. 
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‘‘(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. 
‘‘§ 2762. Civil action 
‘‘(a) IN GENERAL.—An individual who is a victim of 
offenses under this chapter may bring a civil action 
against the perpetrator (or whoever knowingly benefits, fi-
nancially or by receiving anything of value from participa-
tion in a venture which that person knew or should have 
known has engaged in an act in violation of this chapter) 
in an appropriate district court of the United States and 
may recover damages and reasonable attorney’s fees. 
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‘‘(b) STAY PENDING CRIMINAL ACTION.— 
‘‘(1) Any civil action filed under this section 
shall be stayed during the pendency of any criminal 
action arising out of the same occurrence in which 
the claimant is the victim. 
‘‘(2) In this subsection, the term ‘criminal ac-
tion’ includes an investigation and prosecution that 
is pending, until final adjudication in the trial court. 
‘‘(c) STATUTE OF LIMITATIONS.—No action may be 
maintained under this section unless it is commenced not 
later than the later of— 
‘‘(1) 10 years after the cause of action arose; 
or 
‘‘(2) 10 years after the victim reaches 18 years 
of age, if the victim was a minor at the time of the 
alleged offense. 
‘‘§ 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; 
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‘‘(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 per-
son. 
‘‘(2) SEXUAL CONTACT.—The term ‘sexual con-
tact’ means the intentional touching, either directly 
or through the clothing, of the genitalia, anus, groin, 
breast, inner thigh, or buttocks of any person. 
‘‘(3) PRODUCE.—The term ‘produce’ means to 
create, make, manufacture, photograph, film, video-
tape, record, or transmit. 
‘‘(4) SEXUALLY EXPLICIT VISUAL DEPICTION.— 
The term ‘sexually explicit visual depiction’ means 
any photograph, film, video, or other recording or 
live transmission of a person, whether produced by 
electronic, mechanical, or other means (including de-
pictions that are not stored in a permanent format), 
that depicts— 
‘‘(A) the lascivious exhibition of the anus, 
the post-pubescent female nipple, the genitals, 
or the pubic area of any person; 
‘‘(B) any actual or simulated sexual con-
tact or sexual act; 
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‘‘(C) bestiality; or 
‘‘(D) sadistic or masochistic conduct. 
‘‘(5) VICTIM.—The term ‘victim’ means the in-
dividual harmed as a result of a commission of a 
crime under this chapter. 
‘‘(6) MINOR.—The term ‘minor’ means any per-
son who has not attained the age of 18 years. 
‘‘(7) PUBLISH.—The term ‘publish’ means to 
circulate, deliver, distribute, disseminate, transmit, 
or otherwise make available to another person. 
‘‘(8) IMMEDIATE FAMILY MEMBER.—The term 
‘immediate family member’ means the addressee’s— 
‘‘(A) spouse, parent, brother, sister, child, 
or person to whom the addressee stands in loco 
parentis; or 
‘‘(B) any other person living in the ad-
dressee’s household and related to the addressee 
by blood or marriage. 
‘‘(9) INTIMATE PARTNER.—The term ‘intimate 
partner’ means a person who is or has been in a so-
cial 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 in-
volved in the relationship. 
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‘‘(10) COMPUTER-GENERATED
SEXUALLY
EX-
PLICIT
VISUAL
DEPICTION.—The term ‘computer- 
generated sexually explicit visual depiction’ means a 
depiction that has been created, adapted, or modi-
fied through the use of any computer technology to 
appear to be a sexually explicit visual depiction. 
‘‘(11) INDISTINGUISHABLE.—The term ‘indis-
tinguishable’, means virtually indistinguishable, in 
that the computer-generated sexually explicit visual 
depiction is such that an ordinary person viewing 
the computer-generated depiction would conclude 
that it is an actual depiction of the addressee or of 
an immediate family member or intimate partner of 
the addressee. This definition does not apply to de-
pictions that are drawings, cartoons, sculptures, or 
paintings depicting any person. 
‘‘(12) ACTUAL DEPICTION.—The term ‘actual 
depiction’ means a depiction that has not been fab-
ricated or materially altered to change the appear-
ance or physical characteristics of the persons, ob-
jects, or activities depicted. 
‘‘(13) SERIOUS BODILY INJURY.—The term ‘se-
rious bodily injury’ means bodily injury that involves 
a substantial risk of death, unconsciousness, extreme 
physical pain, protracted and obvious disfigurement, 
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or protracted loss or impairment of the function of 
a bodily member, organ, or mental faculty.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of part 1 of title 18, United States Code, 
is amended adding at the end the following new item: 
‘‘CHAPTER 124—COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR 
SEXUALLY EXPLICIT VISUAL DEPICTIONS’’. 
(c) DIRECTIVE
TO UNITED STATES SENTENCING 
COMMISSION.— 
(1) IN
GENERAL.—Pursuant to its authority 
under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United 
States Sentencing Commission shall review and 
amend its guidelines and its policy statements appli-
cable to persons convicted of an offense defined in 
chapter 124 added to title 18, United States Code, 
by this Act, to ensure that the guidelines and policy 
statements are consistent with those amendments 
and reflect the intent of Congress that the guidelines 
reflect the seriousness and great harm caused by 
those offenses. 
(2) CONSIDERATIONS.—In carrying out this 
section, the United States Sentencing Commission 
shall consider— 
(A) the mandate of the United States Sen-
tencing Commission, pursuant to its authority 
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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 en-
sure that sentencing courts properly consider 
the seriousness of the offense, to promote re-
spect 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 pen-
alties 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 re-
sulting from the offense; the number and age of 
the victims involved; and the degree to which 
the victims have been harmed. 
SEC. 3. AMENDMENTS TO EXISTING STATUTORY OFFENSES. 
(a) Section 843 Art. 43(b)(2)(C) of title 10, United 
States Code, is amended by inserting ‘‘, 2751(a), or 
2752(a)’’ after ‘‘section 1591’’. 
(b) Section 1001(a) of title 18, United States Code, 
is amended by inserting ‘‘2751(a), or 2752(a),’’ after 
‘‘section 1591,’’. 
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(c) Section 2251(e) of title 18, United States Code, 
is amended by inserting ‘‘section 2751(a), section 
2752(a),’’ after ‘‘section 1591,’’. 
(d) Section 2252(b) of title 18, United States Code, 
is amended— 
(1) in subsection (1) by inserting ‘‘section 
2751(a), section 2752(a),’’ after ‘‘section 1591,’’; 
and 
(2) in subsection (2) by inserting ‘‘section 
2751(a), section 2752(a),’’ after ‘‘under this chap-
ter,’’. 
(e) Section 2252A(b) of title 18, United States Code, 
is amended— 
(1) in subsection (1) by inserting ‘‘section 
2751(a), section 2752(a),’’ after ‘‘section 1591,’’; 
and 
(2) in subsection (2) by inserting ‘‘section 
2751(a), section 2752(a),’’ after ‘‘under this chap-
ter,’’. 
(f) Section 2252A(g) of title 18, United States Code, 
is amended by inserting ‘‘or section 2751(a) or 2752(a) 
(involving a minor victim),’’ after ‘‘117 (involving a minor 
victim),’’. 
(g) Section 2255(a) of title 18, United States Code, 
is amended— 
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(1) by striking ‘‘or’’ after ‘‘2422,’’; and 
(2) inserting ‘‘, 2751(a), 2752(a), or 2753(a)’’ 
after ‘‘2423’’. 
(h) Section 2260A of title 18, United States Code, 
is amended— 
(1) by striking ‘‘or’’ after ‘‘2423,’’; and 
(2) by inserting ‘‘2751(a), or 2752(a),’’ after 
‘‘2425,’’. 
(i) Section 2426(b)(1)(A) of title 18, United States 
Code, is amended— 
(1) by striking ‘‘or’’ after ‘‘chapter 110,’’; and 
(2) by inserting ‘‘, section 2751(a), or section 
2752(a)’’ after ‘‘section 1591’’. 
(j) Section 2516(1)(c) of title 18, United States Code, 
is amended by inserting ‘‘sections 2751, 2752, 2753, 
2754, and 2755 (relating to coercion of sexual acts and 
related crimes),’’ after ‘‘2425 (relating to transportation 
for illegal sexual activity and related crimes),’’. 
(k) Section 3014(a) of title 18, United States Code, 
is amended— 
(1) by redesignating subsection (5) as sub-
section (6); 
(2) in subsection (4), by striking ‘‘or’’ at the 
end; and 
VerDate Sep 11 2014 
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H5749
SSpencer on DSK4SPTVN1PROD with BILLS