PolicyBrief
S. 3398
119th CongressDec 9th 2025
Stop Sextortion Act
IN COMMITTEE

This bill criminalizes threatening to distribute child sexual abuse material, even if it doesn't exist, and increases penalties for using such material to intimidate or coerce.

Charles "Chuck" Grassley
R

Charles "Chuck" Grassley

Senator

IA

LEGISLATION

Stop Sextortion Act Criminalizes Threats of Child Abuse Material, Even When Fake

The “Stop Sextortion Act” is aiming to close a major loophole in federal law regarding online abuse. Essentially, this bill makes it a serious federal crime to threaten to distribute child sexual abuse material (CSAM)—often called child pornography—even if the visual material doesn't actually exist. This is a big deal because it targets the psychological harm and extortion tactics central to sextortion schemes.

When a Threat is Treated Like the Real Thing

Under current federal law, the maximum penalties are reserved for those who actually possess or distribute CSAM. This bill amends existing criminal statutes (18 U.S.C. 2252 and 2252A) to create a new offense: threatening to distribute CSAM with the intent to intimidate, coerce, extort, or cause substantial emotional distress. The key provision here is that a person who violates this new law faces the exact same severe criminal penalties as someone who possesses or distributes the actual material, regardless of whether the visual depiction they threatened to use was real or completely fabricated (Sec. 2).

Think of it this way: Previously, if a predator threatened a victim with a fake image to extort money or further abuse, prosecutors might have struggled to apply the most severe CSAM penalties. This bill removes that ambiguity. It says the act of threatening to use this material for coercion is as harmful as the act of distribution itself. For busy people, this means law enforcement gains a powerful new tool to prosecute online predators who rely on psychological manipulation and fear, even if they never created or obtained the material they threatened to share.

Adding 10 Years for Using CSAM to Intimidate

Beyond criminalizing threats, the Act also significantly increases the penalties for existing crimes when they involve using CSAM to hurt or extort someone. Specifically, it amends several sections of Title 18, including 18 U.S.C. 1466A and 2260A. If an offense involves the knowing use of child pornography with the intent to intimidate, coerce, extort, or cause substantial emotional distress, the maximum prison term for that offense is increased by 10 years (Sec. 3).

This provision is about stacking the deck against abusers. If someone is already facing charges for a related crime—say, obscenity or sexual exploitation—and they used CSAM as a tool to terrorize the victim, they are now looking at a decade added to their potential sentence. This sends a clear signal that using this material as a weapon of coercion carries a significantly higher price tag.