S. 3704 — COP Act

This section establishes a new federal criminal offense under 18 U.S.C. 2252(a)(5) prohibiting the knowing distribution, offer, sending, or provision, in or affecting interstate or foreign commerce, of a threat to distribute a visual depiction of a minor (or person the defendant believes to be a minor) engaging in sexually explicit conduct, with intent that the minor (or believed minor) create or transmit a visual depiction of sexually explicit conduct. It makes parallel changes to 18 U.S.C. 2252A(a)(8), with the coerced depiction required to involve any minor engaging in sexually explicit conduct. (As background, §§2252 and 2252A criminalize the transportation, receipt, distribution, sale, and possession of child pornography, i.e., visual depictions of minors engaging in sexually explicit conduct; the amendments apply existing penalties of 5-20 years imprisonment for a first offense under §2252(b)(2) and §2252A(b)(2), plus forfeiture under §2252(c) and §2252A(d).)