S. 3398 — Stop Sextortion Act

This section amends federal prohibitions on distributing visual depictions of sexually explicit conduct involving minors (18 U.S.C. §2252(a)(2)) or child pornography (18 U.S.C. §2252A(a)(2)(A)) to also prohibit threatening to distribute such material with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person. It further specifies that violators, or those who attempt or conspire to violate these provisions by making such threats where no such material existed, are subject to penalties under 18 U.S.C. §§2252(b)(2) and 2252A(b)(2), respectively (i.e., generally 5 to 20 years' imprisonment for first offenses involving actual material, reduced for non-existent material).

This section amends penalties under 18 U.S.C. §1466A for obscene visual representations of child sexual abuse by increasing by 10 years the maximum term of imprisonment provided in §2252A(b)(1) or (b)(2) if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person. This section further revises 18 U.S.C. §2260A by (1) changing the section heading to “Other offenses and penalties” (from “Penalties for registered sex offenders”), (2) designating the existing provision on penalties for registered sex offenders as paragraph (1), and (3) adding paragraph (2) to increase by 10 years the maximum term of imprisonment for offenses involving threats to injure reputation, sexual exploitation of children, activities relating to child sexual abuse material, or production of such material on federal property if involving the knowing use of child pornography with such intent; and makes a conforming clerical amendment to the table of sections for chapter 110 of title 18.

This section establishes a severability clause, providing that if any provision of the Act or its amendments is held unconstitutional as applied to any person or circumstance, the remainder of the Act and its amendments remain in effect.