Before You Text

Sexting & Bullying Prevention, Education & Intervention Course

1. H.R.1761
Protecting Against Child Exploitation Act of 2017
115th Congress (2017-2018)
29

Purpose: To criminalize the knowing consent of the visual depiction or live transmission, of a minor engaged in sexually explicit conduct, and for other purposes.

Requires prompt reporting of sexual abuse to law enforcement authorities

  • 1st Offense - Fined and jail 15 to 30 years
  • 2nd Offense - Fined and jail 25 to 50 years
  • 3rd Offense - Fined and jail 35 years to life

*A parent or legal guardian who permits a minor to engage in, or to assist in, sexual conduct with pictures will be charged as above.

Pending Amendment - Minors will not be required to register as sex offenders. As of right now, they do.

2. H.R.3067
Online Safety Modernization Act of 201730

Purpose: Using mail, computers, interstate, or currency to cause, threaten or attempt (below) within U.S. jurisdiction.

Overview of Charges

Coerced Production of Sexually Intimate Visual Depictions

English Translation:

  • Force anyone to take, make, send a sexually intimate pic by fraud, threat of injury, property, reputation or person.
  • Threaten the above; you get fined and jailed for 5 years, even if they don’t do it!

Sentencing - Your Prize!

  • Fined and jail up to 20 years
  • Involve a minor 12-18 yrs. old add 5 years to max penalty
  • Involve a minor under 12 double max penalty

Coercion Using Sexually Intimate Visual Depictions

English Translation:

  • Forces anyone to do, or not do something, by threatening to publish any sexually intimate pic of them, family or partner.
  • Threaten the above; you get fined and jailed for 5 years, even if they don’t do it!

Sentencing - Your Prize!

  • Fined and jail up to 7 years
  • Involve a minor 12-18 yrs. old add 5 years to max penalty
  • Involve a minor under 12 double max penalty

Results in Death Or Serious Bodily Injury

English Translation:

  • A person commits any of the above crimes, and someone dies or commits suicide.

Sentencing - Your Prize!

  • Fined and jail up to life

Resulting in Serious Bodily Injury

English Translation:

  • A person commits any of the above crimes, and it results in serious bodily injury (includes attempted suicide).

Sentencing - Your Prize!

  • Fined and jail up to 20 years

Note: Federal prison sentences are always served out of State.

Additionally

Forfeitures - Any property that was used or intended to be used to commit the crime.

Mandatory Restitution - Medical services, psychiatric, physical/occupational therapy, necessary transportation, temporary housing, child care expenses, lost income, attorneys’ fees. Any other losses suffered by the victim as a proximate result of the offense.

Civil Action - A victim may bring a civil action against them to recover damages.

Statute of Limitations - 10 years after the crime or 10 years after the victim reaches 18.

Offenses Involving Minors - Other child pornography laws/charges may be applied.

We KNOW, hard to read. Recap, they closed the loopholes and increased the penalties.

3. H.R.4472
ENOUGH Act: Ending Nonconsensual Online User Graphic Harassment Act of 2017 115th Congress (2017-2018)31

Purpose: To provide that it is unlawful to knowingly distribute a private, visual depiction of an individual’s intimate parts or of an individual engaging in sexually explicit conduct, with reckless disregard for the individual’s lack of consent to the distribution, and for other purposes. (Blah, Blah, Blah) In English, as it applies to you - Any pictures sent to 1 person is in the context of a relationship—IT IS PRIVATE. Sharing with anyone, EVER, is inappropriate and illegal! The First Offense for Revenge Porn is punishable by a fine and 5 years in jail.

References

29H.R.1761 Protecting Against Child Exploitation Act - https://www.congress.gov/bill/115th-congress/house-bill/1761/text

30H.R.3067 - Online Safety Modernization Act of 2017 - https://www.congress.gov/bill/115th-congress/house-bill/3067

31ENOUGH Act: Ending Nonconsensual Online User Graphic Harassment Act of 2017 - https://www.congress.gov/bill/115th-congress/house-bill/4472