New Federal Crime Targets Online Predators: Threatening to Distribute CSAM Now Carries Major Penalties

The new Combating Online Predators Act (or COP Act) is laser-focused on closing a specific, terrifying loophole in federal law regarding child exploitation. Essentially, it creates a brand-new federal crime for anyone who uses threats to distribute child sexual abuse material (CSAM) as a tool to coerce a minor into creating more explicit content.

The New Offense: Coercion by Threat

This isn't about general harassment; the bill targets a very specific, predatory tactic. Under this new section, it is a federal crime to knowingly send a threat to distribute CSAM if you do it with the specific intent to force the minor (or someone you believe is a minor) to create or send a new visual depiction of themselves engaging in sexually explicit conduct. Think of it as a legal shield against blackmail. If a predator has exploitative images and threatens to post or send them unless the victim sends another photo or video, that act of threatening is now a serious federal offense.

The legislation is clear that the threat must involve a visual depiction of an actual minor, or someone the offender reasonably believes is a minor, engaging in sexually explicit conduct. The key here is the use of interstate or foreign commerce—meaning any digital communication, since the internet and phones cross state lines constantly. This provision, found in SEC. 2, ensures that these online threats fall squarely under federal jurisdiction.

Plugging the Legal Gap

Why is this necessary? Because previously, while the creation and distribution of CSAM were heavily criminalized, the threat itself—used as a weapon of coercion—didn't always carry the same weight or specific charges required to address the immediate harm and ongoing abuse. The COP Act fixes this by integrating the new crime directly into two existing, powerful federal statutes: 18 U.S.C. 2252A and 18 U.S.C. 2252, which deal with the sexual exploitation of minors and child pornography, respectively.

This integration is the policy equivalent of a power-up. By adding the new crime to these existing laws, the bill immediately subjects offenders to the severe penalties and forfeiture provisions already established for child exploitation cases. This means the consequences for making such a threat are now on par with the consequences for distributing the material itself. For law enforcement, this is a crucial tool, allowing them to intervene and prosecute based on the threat of coercion, rather than having to wait for the predator to follow through or for new material to be created.