Stop Sextortion Act
Summary
The Stop Sextortion Act aims to amend Title 18 of the United States Code to criminalize intentional threats to distribute child sexual abuse material. It also seeks to provide appropriate penalties for using such material to extort or coerce victims. The bill focuses on updating existing laws to address the evolving methods of online exploitation and abuse.
Specifically, the Act targets threats to distribute visual depictions of child sexual abuse, even if the material does not exist. It increases penalties for offenses involving the use of child pornography with the intent to intimidate, coerce, extort, or cause substantial emotional distress.
This bill was introduced in the Senate and referred to the Committee on the Judiciary.
Expected Effects
The Stop Sextortion Act will likely lead to increased prosecution and punishment of individuals who threaten to distribute child sexual abuse material. This may deter such behavior and provide greater protection for potential victims. The enhanced penalties could also lead to longer prison sentences for offenders.
It will also update existing laws to account for modern forms of digital crime. This includes threats made online, even if the illicit material does not actually exist.
Potential Benefits
- Provides stronger legal protections for children against online exploitation.
- Deters potential offenders by increasing the severity of penalties.
- Updates existing laws to address modern forms of digital crime.
- Offers recourse for victims of sextortion, even if the threatened material does not exist.
- May reduce the prevalence of online child sexual abuse and exploitation.
Potential Disadvantages
- Could potentially lead to over-prosecution if the language is not carefully interpreted.
- May require additional resources for law enforcement and the judicial system.
- The increased penalties could disproportionately affect young offenders or those with limited understanding of the law.
- Potential for misuse of the law in cases of false accusations.
- The effectiveness of the law depends on robust enforcement and prosecution.
Constitutional Alignment
The Stop Sextortion Act aligns with the Constitution by seeking to protect vulnerable populations, particularly children, from harm. Congress has the power to enact laws necessary and proper for carrying into execution the enumerated powers, including the power to regulate interstate commerce (Article I, Section 8). The Act's focus on criminalizing threats and extortion related to child sexual abuse material falls under this purview.
However, the Act must be carefully scrutinized to ensure it does not infringe upon First Amendment rights related to freedom of speech. The severability clause in Section 4 provides a safeguard against potential unconstitutional applications of the law.
Furthermore, the Act's increased penalties must comply with the Eighth Amendment's prohibition against cruel and unusual punishment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).