PolicyBrief
S. 3704
119th CongressJan 27th 2026
Combating Online Predators Act
IN COMMITTEE

This act establishes a federal crime for threatening to distribute child sexual abuse material to coerce a minor into creating more such material.

Ashley Moody
R

Ashley Moody

Senator

FL

LEGISLATION

New Federal Crime Targets Online Extortion: Combating Online Predators Act Sets Strict Penalties for Coercing Minors

The Combating Online Predators Act (COP Act) creates a specific federal crime to stop a modern form of digital blackmail known as 'sextortion.' Under this bill, it becomes a federal offense to threaten to leak existing child sexual abuse material to force a minor—or someone the offender believes is a minor—into creating or sending even more explicit content. By amending 18 U.S.C. 2252 and 2252A, the law closes a gap where predators use a victim’s existing private images as leverage to demand more, ensuring that the act of making the threat itself is punishable by law.

Closing the Coercion Loophole

Currently, federal law heavily penalizes the distribution of illegal material, but this bill zooms in on the 'threat' as a tool of control. For example, if an online predator gains access to a sensitive photo of a teenager and tells that teen, 'Send me a video or I’ll post this on your school’s social media page,' they are now committing a specific federal crime under Section 2. This applies to any threat sent through 'interstate or foreign commerce,' which in today’s world essentially means any message sent via a smartphone, gaming console, or laptop. By explicitly criminalizing the threat made with the 'intent to coerce,' the bill gives federal investigators the green light to step in the moment the blackmail begins, rather than waiting for new material to be produced or shared.

Matching Penalties to the Crime

This isn't just a slap on the wrist; the bill integrates this new crime into the heavy-hitting penalty structures already used for child pornography and exploitation. By updating subsections (b) and (c) of the existing statutes, the COP Act ensures that anyone convicted of these threats faces the same stiff prison sentences and mandatory asset forfeitures as those caught distributing the material itself. For a family dealing with an online harasser, this means federal law enforcement has the same level of 'teeth' to go after a blackmailer as they do a high-level distributor. The bill is designed with Low Vagueness, meaning the definitions of what constitutes a threat and what qualifies as prohibited visual depictions are pulled directly from established legal standards, leaving little room for predators to wiggle out on technicalities.