HR6719-119

What This Bill Does

The James T. Woods Act is a multi-title child online safety and criminal-law bill. Title I, the SAFE Act, states congressional findings about the scale and complexity of online child sex offenses and directs the United States Sentencing Commission to review and amend federal sentencing guidelines for child sexual abuse material offenses. The guideline review must account for actual and potential harm to victims and the public, changes in typical offender conduct, use of online platforms, live streaming, child sex trafficking, production of child sexual abuse material, and limits on using acquitted conduct.

Title II, the ECCHO Act, creates a new federal offense in 18 U.S.C. 2261C for coercing a minor, using interstate or foreign commerce channels or federal territorial jurisdiction, to die by suicide, attempt suicide, kill or attempt to kill another person, harm animals, inflict serious or substantial bodily injury, or commit arson. Penalties reach any term of years or life for coercion involving suicide or homicide attempts, and up to 30 years for the other covered harms. The title also updates child-exploitation reporting and CyberTipline provisions so online coercion of children is included alongside sexual exploitation, kidnapping, and enticement crimes.

Title III, the Stop Sextortion Act, criminalizes threats to distribute child sexual abuse material or a visual depiction the defendant believes involves a minor when the threat is made with intent to intimidate, coerce, extort, or cause substantial emotional distress. The bill covers threats even when no such visual depiction exists and increases maximum penalties by 10 years for offenses involving knowing use of child sexual abuse material for intimidation, coercion, extortion, or substantial emotional distress. Severability provisions preserve the rest of the titles if a provision or application is held unconstitutional.

Who Benefits and How

Department of Justice child-exploitation prosecutors benefit from clearer charging provisions for threats, attempts, conspiracies, and coercion schemes. Minors targeted by sextortion benefit because threats to distribute child sexual abuse material become explicit federal offenses. Children coerced into self-harm or violence benefit because the new section 2261C reaches coercion into suicide, homicide, severe injury, animal harm, or arson. NCMEC CyberTipline analysts benefit from statutory updates that name online coercion as reportable conduct. Federal judges and probation officers benefit from updated sentencing-guideline direction for modern online child exploitation. Families of child victims benefit if penalties better reflect intimidation, extortion, and emotional distress harms.

Who Bears the Burden and How

The United States Sentencing Commission must review and amend child sexual abuse material guidelines and policy statements. Department of Justice prosecutors must charge and prove the new threat and coercion offenses. Defendants who threaten to distribute child sexual abuse material face new charges and higher maximum penalties. Online coercers who manipulate minors into self-harm, violence, or arson face new federal criminal liability. Federal courts must handle new offenses, attempts, conspiracies, and penalty enhancements. Electronic communication service providers may face broader CyberTipline reporting expectations. Federal defenders and defense attorneys must litigate the new offenses and enhanced penalties.

Key Provisions

• Requires the Sentencing Commission to update guidelines for child sexual abuse material offenses.
• Creates a federal offense for coercing a minor into suicide, attempted suicide, homicide, serious injury, animal harm, or arson.
• Requires penalties of any term of years or life for coercion involving suicide or homicide and up to 30 years for other covered harms.
• Expands CyberTipline and child-exploitation reporting statutes to include online coercion of children.
• Creates federal liability for threats to distribute child sexual abuse material or depictions believed to involve minors.
• Applies threat penalties even when no visual depiction exists.
• Tightens maximum penalties by 10 years for covered CSAM intimidation, coercion, extortion, or emotional-distress offenses.
• Adds severability clauses for the ECCHO Act and Stop Sextortion Act titles.