S.Amdt. 702

SA 702. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill H.R. 2810, to authorize appropriations for fiscal
year 2018 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of division A, add the following:

TITLE XVII--ONLINE SAFETY

SEC. 1701. SHORT TITLE.

This title may be cited as the ``Online Safety
Modernization Act of 2017''.

Subtitle A--Interstate Sextortion Prevention

SEC. 1711. COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR
SEXUALLY INTIMATE VISUAL DEPICTIONS.

(a) In General.--Part I of title 18, United States Code, is
amended by adding at the end the following:

``CHAPTER 124--COERCION OF SEXUAL ACTS, SEXUAL CONTACT, OR SEXUALLY
INTIMATE VISUAL DEPICTIONS

``2751. Definitions.
``2752. Coercion of sexual acts.
``2753. Coercion of sexual contact.
``2754. Coerced production of sexually intimate visual depictions.
``2755. Coercion using sexually intimate visual depictions.
``2756. Extortion using sexually intimate visual depictions.
``2757. Offenses involving minors.
``2758. Offenses resulting in death or serious bodily injury.
``2759. Attempt.
``2760. Repeat offenders.
``2761. Forfeitures.
``2762. Mandatory restitution.
``2763. Civil action.

``Sec. 2751. Definitions

``In this chapter:
``(1) Actual depiction.--The term `actual depiction' means
a depiction that has not been fabricated or materially
altered to change the appearance or physical characteristics
of any individual, object, or activity depicted.
``(2) Coercion.--The term `coercion' means--
``(A) a threat of serious harm to or physical restraint
against any individual;
``(B) a 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 individual;
or
``(C) the abuse or threatened abuse of law or the legal
process.
``(3) Computer-generated sexually intimate visual
depiction.--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.
``(4) Criminal action.--The term `criminal action' includes
an investigation and prosecution that is pending, until final
adjudication in the trial court.
``(5) Immediate family member.--The term `immediate family
member', with respect to an addressee, means--
``(A) the spouse, parent, legal guardian, grandparent,
sibling, child, or grandchild of the addressee, or an
individual for whom the addressee serves as legal guardian;
or
``(B) any other individual living in the household of the
addressee and related to the addressee by blood or marriage.
``(6) Indistinguishable.--The term `indistinguishable',
with respect to a computer-generated sexually intimate visual
depiction--
``(A) 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 the computer-generated
depiction is an actual depiction of the addressee or of an
immediate family member or intimate partner of the addressee;
and
``(B) does not apply to a depiction that is a drawing,
cartoon, sculpture, or painting depicting any individual.
``(7) Intimate partner.--The term `intimate partner', with
respect to an addressee, means an individual 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 individuals involved in the
relationship.
``(8) Minor.--The term `minor' means any individual who has
not attained the age of 18 years.
``(9) Produce.--The term `produce' means to create, make,
manufacture, photograph, film, videotape, record, or transmit
live a sexually intimate visual depiction.
``(10) Publish.--The term `publish'--
``(A) means to circulate, deliver, distribute, disseminate,
transmit, or otherwise make available to another person; and
``(B) includes the hosting or display on the Internet.
``(11) Serious bodily injury.--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.
``(12) 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;
``(B) the penetration, however slight, of the anal or
genital opening of any individual 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 individual.
``(13) Sexual contact.--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.
``(14) Sexually intimate visual depiction.--The term
`sexually intimate visual depiction' means any photograph,
film, video, or other recording or live transmission of an
individual, 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--
``(A) the naked exhibition of the anus, the post-pubescent
female nipple, the genitals, or the pubic area of any
individual;
``(B) any actual or simulated sexual contact or sexual act;
``(C) bestiality; or
``(D) sadistic or masochistic conduct.
``(15) Victim.--The term `victim' means the individual
harmed as a result of a commission of a crime under this
chapter.

``Sec. 2752. Coercion of sexual acts

``(a) In General.--
``(1) Offense.--It shall be unlawful, using the mail or any
facility or means of interstate or foreign commerce, to
knowingly cause any individual to engage in a sexual act with
another individual through coercion, fraud, or a threat to
injure the person, property, or reputation of any person.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for any term of years
or for life, or both.
``(b) Threats.--
``(1) Offense.--It shall be unlawful, with the intent to
cause any individual to engage in a sexual act with another
individual, to knowingly transmit 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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 5
years, or both.

``Sec. 2753. Coercion of sexual contact

``(a) In General.--
``(1) Offense.--It shall be unlawful, using the mail or any
facility or means of interstate or foreign commerce, to
knowingly cause any individual to engage in sexual contact
with another individual through coercion, fraud, or a threat
to injure the person, property, or reputation of any person.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 10
years, or both.
``(b) Threats.--
``(1) Offense.--It shall be unlawful, with the intent to
cause any individual to engage in sexual contact with another
individual, to knowingly transmit 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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 5
years, or both.

``Sec. 2754. Coerced production of sexually intimate visual
depictions

``(a) Definition.--In this section, the term `sexually
intimate visual depiction' does not include any computer-
generated sexually intimate visual depiction.
``(b) General Prohibition.--
``(1) Offense.--It shall be unlawful, in a circumstance
described in subsection (c), to knowingly cause any person to
produce a sexually intimate visual depiction of any
individual through coercion, fraud, or a threat to injure the
person, property, or reputation of any person.
``(2) Penalty.--Any person who violates paragraph (1)
shall--
``(A) if a sexual act with another individual results, be
fined under this title, imprisoned for any term of years or
for life, or both; and
``(B) in any other case, be fined under this title,
imprisoned for not more than 20 years, or both.
``(c) Circumstances Described.--The circumstances described
in this subsection are that--
``(1) the person uses the mail or any facility or means of
interstate or foreign commerce to cause any person to produce
the sexually intimate visual depiction described in
subsection (a)(1);
``(2) the person knows or has reason to know that the
sexually intimate visual depiction described in subsection
(a)(1) will be--

[[Page S4592]]

``(A) transported or transmitted using any means or
facility of interstate or foreign commerce, including by
computer;
``(B) transported or transmitted in or affecting interstate
or foreign commerce; or
``(C) mailed;
``(3) the sexually intimate visual depiction described in
subsection (a)(1) is produced or transmitted using a material
that has been--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce, including by
computer;
``(B) transported or transmitted in or affecting interstate
or foreign commerce; or
``(C) mailed;
``(4) the sexually intimate visual depiction described in
subsection (a)(1) is--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting interstate
or foreign commerce; or
``(C) mailed; or
``(5) any part of the offense occurs--
``(A) in a territory or possession of the United States; or
``(B) within the special maritime and territorial
jurisdiction of the United States.
``(d) Threats.--
``(1) Offense.--It shall be unlawful, with the intent to
cause a person to produce a sexually intimate visual
depiction of any individual, to knowingly transmit 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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 5
years, or both.
``(e) Offenses Involving Minors.--Notwithstanding any other
provision of law, in any case under this section involving a
victim under the age of 18 in which 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).

``Sec. 2755. Coercion using sexually intimate visual
depictions

``(a) Definition.--In this section, the term `sexually
intimate visual depiction' includes any computer-generated
sexually intimate visual depiction of an individual that is
indistinguishable from an actual depiction of the individual.
``(b) General Prohibition.--
``(1) Offense.--It shall be unlawful, using the mail or any
facility or means of interstate or foreign commerce, to
knowingly cause any person to engage or refrain from engaging
in conduct by transmitting a communication containing a
threat to publish any sexually intimate visual depiction of--
``(A) the addressee; or
``(B) an immediate family member or intimate partner of the
addressee.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 7
years, or both.
``(c) Threats.--
``(1) Offense.--It shall be unlawful, with the intent to
cause a person to engage or refrain from engaging in conduct,
to knowingly transmit 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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 5
years, or both.

``Sec. 2756. Extortion using sexually intimate visual
depictions

``(a) Definition.--In this section, the term `sexually
intimate visual depiction' includes any computer-generated
sexually intimate visual depiction of an individual that is
indistinguishable from an actual depiction of the individual.
``(b) General Prohibition.--
``(1) Offense.--It shall be unlawful, using the mail or any
facility or means of interstate or foreign commerce, to
knowingly extort any money, property, or other thing of value
from another person by transmitting a communication
containing a threat to publish any sexually intimate visual
depiction of--
``(A) the addressee; or
``(B) an immediate family member or intimate partner of the
addressee.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 7
years, or both.
``(c) Threats.--
``(1) Offense.--It shall be unlawful, with the intent to
extort any money, property, or other thing of value from any
person, to knowingly transmit 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.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 5
years, or both.

``Sec. 2757. Offenses involving minors

``(a) Offenses Involving Minors Under 18.--If conduct that
violates this chapter involves a victim or intended victim
who has attained the age of 12 years and has not attained the
age of 18 years, or who the defendant believes has attained
the age of 12 years and has not attained the age of 18 years,
the maximum term of imprisonment authorized for that offense
shall be increased by 5 years.
``(b) Offenses Involving Minors Under 12.--If 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 under this chapter.

``Sec. 2758. 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
individual shall be fined under this title, imprisoned for
any term of years or for life, or both.
``(b) Offenses Resulting in Serious Bodily Injury.--A
person who commits a violation of this chapter that results
in serious bodily injury to any individual shall be fined
under this title, imprisoned for not more than 20 years, or
both.

``Sec. 2759. Attempt

``(a) In General.--An attempt to violate section
2752(a)(1), 2753(a)(1), 2754(b)(1), 2755(b)(1), or 2756(b)(1)
shall be punishable in the same manner as a completed
violation of that section.
``(b) Limitation.--For the purposes of sections 2752, 2753,
2754, 2755, and 2756, conduct consisting exclusively of a
violation of 2752(b)(1), 2753(b)(1), 2754(d)(1), 2755(c)(1),
or 2756(c)(1) shall not constitute an attempted violation of
section 2752(a)(1), 2753(a)(1), 2754(b)(1), 2755(b)(1), or
2756(b)(1), respectively.

``Sec. 2760. Repeat offenders

``(a) Definitions.--In this section--
``(1) the term `prior sex offense conviction' means a
conviction for an offense--
``(A) under--
``(i) chapter 109A, 110, or 117; or
``(ii) section 1591, 2752(a), 2753(a), or 2754(b)(1) (if
punishable under section 2754(b)(2)(A)); or
``(B) 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
``(2) the term `State' means any State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(b) Maximum Term of Imprisonment.--Except as provided in
section 3559(e), the maximum term of imprisonment authorized
for a violation of section 2752(a) or 2753(a), or a violation
of paragraph (1) of section 2754(a) that is punishable under
paragraph (2)(A) of that section, after a prior sex offense
conviction shall be twice the term of imprisonment otherwise
provided under this chapter.

``Sec. 2761. Forfeiture

``(a) Criminal Forfeiture.--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 the person
forfeit to the United States--
``(1) the 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 the violation; and
``(2) any property, real or personal, constituting or
derived from any proceeds that the person obtained, directly
or indirectly, as a result of the violation.
``(b) Civil Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States and no property 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.
``(C) Any visual depiction that was produced, used, or
intended for use in violation of this chapter.
``(2) Applicability of chapter 46.--The provisions of
chapter 46 relating to civil forfeitures shall apply to any
seizure or forfeiture under this subsection.
``(c) Transfer of Forfeited Assets.--
``(1) In general.--The Attorney General may transfer assets
forfeited under this section, or the proceeds derived from
the sale thereof, to satisfy a victim restitution order
arising from a violation of this chapter.
``(2) Use of non-forfeited assets.--A transfer under
paragraph (1) shall not reduce or otherwise mitigate the
obligation of a person convicted of a violation of this
chapter to--
``(A) satisfy the full amount of a restitution order
through the use of non-forfeited assets; or
``(B) reimburse the Attorney General for the value of
assets or proceeds transferred under this subsection through
the use of non-forfeited assets.

``Sec. 2762. Mandatory restitution

``(a) In General.--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.
``(b) Scope and Nature of Order.--
``(1) Definition.--In this subsection, the term `full
amount of the victim's losses' includes any costs incurred by
the victim for--

[[Page S4593]]

``(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) attorney's fees, in addition to any costs incurred in
obtaining a civil protection order; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(2) Directions.--An 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 in accordance
with paragraph (3).
``(3) Enforcement.--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.
``(4) Order mandatory.--
``(A) In general.--The issuance of a restitution order
under this section is mandatory.
``(B) Consideration of other circumstances prohibited.--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 a minor, 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
rights of the victim under this chapter, but the defendant
may not assume those rights.

``Sec. 2763. Civil action

``(a) In General.--An individual who is a victim of an
offense under this chapter may--
``(1) bring a civil action against the person who committed
the offense (or any person who knowingly benefits,
financially or by receiving anything of value, from
participation in a venture that the 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
``(2) recover damages and any other appropriate relief,
including reasonable attorney's fees.
``(b) Joint and Several Liability.--A person who is found
liable in an action under this section shall be jointly and
severally liable with each other person, if any, who is found
liable in an action under this section for damages arising
from the same violation of this chapter.
``(c) Stay Pending Criminal Action.--Any 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.
``(d) Statute of Limitations.--An action under this section
may not be commenced later than 10 years after the later of--
``(1) the date on which a legal disability ends; or
``(2) the later of--
``(A) the date on which the plaintiff discovers the
violation that forms the basis for the claim; or
``(B) the date on which the plaintiff discovers the injury
that forms the basis for the claim.''.
(b) Technical and Conforming Amendment.--The table of
chapters for part I of title 18, United States Code, is
amended by adding at the end the following:

``124. Coercion of sexual acts, sexual contact, or sexually intimate
visual depictions.......................................2751''.....

(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 policy statements
applicable to persons convicted of an offense under chapter
124 of title 18, United States Code, as added by subsection
(a), to ensure that the guidelines and policy statements are
consistent with that amendment and reflect the intent of
Congress that the guidelines reflect the seriousness and
great harm caused by the offenses under that chapter.
(2) Considerations.--In carrying out paragraph (1), the
United States Sentencing Commission shall consider--
(A) the mandate of the United States Sentencing Commission,
pursuant to its authority under section 994(p) of title 28,
United States Code--
(i) to promulgate guidelines that meet the purposes of
sentencing as set forth in section 3553(a)(2) of title 18,
United States Code; and
(ii) in particular, to--

(I) ensure that sentencing courts properly consider the
seriousness of the offense;
(II) promote respect for the law;
(III) provide just punishment for the offense;
(IV) afford adequate deterrence to criminal conduct; and
(V) protect the public from further crimes of the
defendant; and

(B) the intent of Congress that the penalties for
defendants convicted of an offense under chapter 124 of title
18, United States Code, as added by subsection (a), are
appropriately severe and account for--
(i) the nature of the visual depiction, the acts engaged
in, and the potential harm resulting from the offense;
(ii) the number and age of the victims involved; and
(iii) the degree to which the victims have been harmed.

SEC. 1712. AMENDMENTS TO EXISTING STATUTORY OFFENSES.

(a) Section 843(b)(2)(C) of title 10, United States Code
(article 43(b)(2)(C) of the Uniform Code of Military
Justice), is amended by inserting ``, 2752(a)(1), 2753(a)(1),
or 2754(b)(1) (if punishable under section 2754(b)(2)(A))''
after ``section 1591''.
(b) Section 1001(a) of title 18, United States Code, is
amended by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A)),'' after
``section 1591,''.
(c) Section 2251(e) of title 18, United States Code, is
amended by inserting ``section 2752(a)(1), section
2753(a)(1), section 2754(b)(1) (if punishable under section
2754(b)(2)(A)),'' after ``section 1591,''.
(d) Section 2252(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by inserting ``section 2752(a)(1),
section 2753(a)(1), section 2754(b)(1) (if punishable under
section 2754(b)(2)(A)),'' after ``section 1591,''; and
(2) in paragraph (2), by inserting ``section 2752(a)(1),
section 2753(a)(1), section 2754(b)(1) (if punishable under
section 2754(b)(2)(A)),'' after ``under this chapter,''.
(e) Section 2252A of title 18, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``section 2752(a)(1),
section 2753(a)(1), section 2754(b)(1) (if punishable under
section 2754(b)(2)(A)),'' after ``section 1591,''; and
(B) in paragraph (2), by inserting ``section 2752(a)(1),
section 2753(a)(1), section 2754(b)(1) (if punishable under
section 2754(b)(2)(A)),'' after ``under this chapter,''; and
(2) in subsection (g), by inserting ``section 2752(a)(1)
(if the victim is a minor), section 2753(a)(1) (if the victim
is a minor), section 2754(b)(1) (if punishable under section
2754(b)(2)(A)) and if the victim is a minor),'' after
``section 1591,''.
(f) Section 2255(a) of title 18, United States Code, is
amended--
(1) by striking ``or'' after ``2422,''; and
(2) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A))'' after ``2423''.
(g) Section 2260A of title 18, United States Code, is
amended--
(1) by striking ``or'' after ``2423,''; and
(2) by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A)),'' after
``2425,''.
(h) 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 2752(a)(1), section
2753(a)(1), or section 2754(b)(1) (if punishable under
section 2754(b)(2)(A))'' after ``section 1591''.
(i) Section 2516(1)(c) of title 18, United States Code, is
amended by inserting ``sections 2752, 2753, 2754, 2755, and
2756 (relating to coercion of sexual acts and related
crimes),'' after ``2425 (relating to transportation for
illegal sexual activity and related crimes),''.
(j) Section 3014(a) of title 18, United States Code, is
amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) section 2752(a)(1), 2753(a)(1), or 2754(b)(1)
(relating to coercion of sexual acts and related crimes);
or''.
(k) Section 3142 of title 18, United States Code, is
amended--
(1) in subsection (c), in the flush text following
subparagraph (B)--
(A) by striking ``or'' after ``2423,''; and
(B) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A))'' after ``2425'';
and
(2) in subsection (e)(3)(E)--
(A) by striking ``or'' after ``2423,''; and
(B) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A))'' after ``2425''.
(l) Section 3156(a)(4)(C) of title 18, United States Code,
is amended by inserting ``section 2752(a)(1), 2753(a)(1), or
2754(b)(1) (if punishable under section 2754(b)(2)(A)), or''
after ``any felony under''.
(m) Section 3282(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by inserting ``, section 2752(a)(1),
or section 2754(b)(1) (if punishable under section
2754(b)(2)(A))'' after ``chapter 109A''; and
(2) in paragraph (2), by inserting ``, section 2752(a)(1),
or section 2754(b)(1) (if punishable under section
2754(b)(2)(A))'' after ``chapter 109A''.
(n) Section 3299 of title 18, United States Code, is
amended--
(1) by striking ``except for section'' and inserting
``except for sections''; and
(2) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A))'' after ``section
1591''.
(o) Section 3553(b)(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1),''
after ``section 1591,''; and

[[Page S4594]]

(2) by striking ``In determining'' and inserting the
following:
``(B) Considerations.--In determining''.
(p) Section 3559 of title 18, United States Code, is
amended--
(1) in subsection (c)(2)(F)(i), by inserting ``coerced
sexual act (as described in sections 2752(a)(1) and
2754(b)(2)(A));'' after ``sexual abuse (as described in
sections 2241 and 2242);''; and
(2) in subsection (e)(2)(A)--
(A) by striking ``or'' after ``2422(b) (relating to
coercion and enticement of a minor into prostitution),''; and
(B) by inserting ``, or 2752(a)(1) or 2754(b)(1) (if
punishable under section 2754(b)(2)(A)) (relating to coercion
of sexual acts)'' after ``2423(a) (relating to transportation
of minors)''.
(q) Section 3583(k) of title 18, United States Code, is
amended--
(1) by striking ``or'' after ``2423,'';
(2) by inserting ``, 2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A))'' after ``2425'';
(3) by striking ``section 1201 or'' and inserting ``section
1201,''; and
(4) by inserting ``2752(a)(1), 2753(a)(1), or 2754(b)(1)
(if punishable under section 2754(b)(2)(A)),'' after
``1591,'' the second place that term appears.
(r) Section 2(1) of the PROTECT our Children Act of 2008
(42 U.S.C. 17601(1)) is amended by striking ``and chapter
117'' and inserting ``chapter 117, or chapter 124''.

Subtitle B--Interstate Swatting Hoax

SEC. 1721. FALSE COMMUNICATIONS TO CAUSE AN EMERGENCY
RESPONSE.

(a) In General.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 1041. False communications to cause an emergency
response

``(a) Definitions.--In this section:
``(1) Criminal action.--The term `criminal action' includes
an investigation and prosecution that is pending, until final
adjudication in the trial court.
``(2) Emergency response.--The term `emergency response'
means any deployment of personnel or equipment, order or
advice to evacuate, or issuance of a warning to the public or
a threatened person, organization, or establishment, by--
``(A) an agency of the United States, a State, or, or a
local government, charged with public safety functions,
including any agency charged with detecting, preventing, or
investigating crimes or with fire or rescue functions; or
``(B) a private not-for-profit organization that provides
fire or rescue service.
``(3) State.--The term `State' means each of the several
States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian tribe.
``(b) Criminal Violation.--
``(1) Offense.--It shall be unlawful, in the absence of
circumstances reasonably requiring an emergency response, to
use the mail or any facility or means of interstate or
foreign commerce to knowingly transmit false or misleading
information that would reasonably be expected to cause an
emergency response.
``(2) Penalty.--Any person who violates paragraph (1)
shall--
``(A) if an emergency response results, be fined under this
title, imprisoned for not more than 5 years, or both;
``(B) if serious bodily injury (as defined in section 1365)
results, be fined under this title, imprisoned for not more
than 20 years, or both;
``(C) if death results, be fined under this title,
imprisoned for any term of years or for life, or both; and
``(D) in any other case, be fined under this title,
imprisoned for not more than 1 year, or both.
``(c) Civil Action.--
``(1) In general.--Any person aggrieved by a violation of
subsection (b)(1) may--
``(A) bring a civil action against the person who committed
the violation in an appropriate district court of the United
States; and
``(B) recover damages and any other appropriate relief,
including reasonable attorney's fees.
``(2) Joint and several liability.--A person who is found
liable under this subsection shall be jointly and severally
liable with each other person, if any, who is found liable
under this subsection for damages arising from the same
violation of this section.
``(3) Stay pending criminal action.--Any civil action filed
under this subsection shall be stayed during the pendency of
any criminal action arising out of the same occurrence in
which the claimant is the victim.
``(d) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant convicted of an offense under subsection (b), shall
order the defendant to reimburse any agency or organization
described in subsection (a)(2) that incurs expenses incident
to any emergency response necessitated by the offense.
``(2) Liability.--A person ordered to make reimbursement
under this subsection shall be jointly and severally liable
for the expenses with each other person, if any, who is
ordered to make reimbursement under this subsection for the
same expenses.
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated
as a civil judgment.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18, United States Code, is
amended by adding at the end the following:

``1041. False communications to cause an emergency response.''.

Subtitle C--Interstate Doxxing Prevention

SEC. 1731. DISCLOSURE OF PERSONAL INFORMATION WITH THE INTENT
TO CAUSE HARM.

(a) In General.--Chapter 41 of title 18, United State Code,
is amended by adding at the end the following:

``Sec. 881. Publication of personally identifiable
information with the intent to cause harm

``(a) Definitions.--In this section:
``(1) Crime.--The term `crime' means any Federal or State
criminal offense.
``(2) Criminal action.--The term `criminal action' includes
an investigation and prosecution that is pending, until final
adjudication in the trial court.
``(3) Personally identifiable information.--The term
`personally identifiable information' means--
``(A) any information that can be used to distinguish or
trace the identity of an individual, such as name, prior
legal name, alias, mother's maiden name, social security
number, date or place of birth, address, phone number, or
biometric data;
``(B) any information that is linked or linkable to an
individual, such as medical, financial, education, consumer,
or employment information, data, or records; or
``(C) any other sensitive private information that is
linked or linkable to an individual, such as gender identity,
sexual orientation, or any sexually intimate visual
depiction.
``(4) Publish.--The term `publish' means to circulate,
deliver, distribute, disseminate, transmit, or otherwise make
available to another person.
``(5) Sexually intimate visual depiction.--The term
`sexually intimate visual depiction' means any photograph,
film, video, or other recording or live transmission of an
individual, 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--
``(A) the naked exhibition of the anus, the post-pubescent
female nipple, the genitals, or the pubic area of any
individual;
``(B) any actual or simulated sexual contact or sexual act
(as defined in section 2751);
``(C) bestiality; or
``(D) sadistic or masochistic conduct.
``(b) Criminal Violation.--
``(1) Offense.--It shall be unlawful to use the mail or any
facility or means of interstate or foreign commerce to
knowingly publish the personally identifiable information of
an individual--
``(A) with the intent to--
``(i) threaten, intimidate, or harass any individual;
``(ii) incite or facilitate the commission of a crime
against any individual; or
``(iii) place any individual in reasonable fear of death or
serious bodily injury; or
``(B) with the intent that the information will be used
to--
``(i) threaten, intimidate, or harass any individual;
``(ii) incite or facilitate the commission of a crime
against any individual; or
``(iii) place any individual in reasonable fear of death or
serious bodily injury.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 5
years, or both.
``(c) Civil Action.--
``(1) In general.--An individual who is a victim of an
offense under this section may--
``(A) bring a civil action against the person who commits
the offense in an appropriate district court of the United
States; and
``(B) recover damages and any other appropriate relief,
including reasonable attorney's fees.
``(2) Joint and several liability.--A person who is found
liable under this subsection shall be jointly and severally
liable with each other person, if any, who is found liable
under this subsection for damages arising from the same
violation of this section.
``(3) Stay pending criminal action.--Any civil action filed
under this subsection shall be stayed during the pendency of
any criminal action arising out of the same occurrence in
which the claimant is the victim.
``(d) Attempt.--An attempt to violate subsection (b)(1)
shall be punishable in the same manner as a completed
violation of that subsection.
``(e) Activities of Law Enforcement.--This section shall
not be construed to prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence
agency of the United States.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 41 title 18, United States Code, is
amended by adding at the end the following:

``881. Publication of personally identifiable information with the
intent to cause harm.''.
______