II 

115TH CONGRESS 

1ST SESSION S. 1296 

To amend the Uniform Code of Military Justice to prohibit the wrongful 

broadcast or distribution of intimate visual images. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2017 

Mrs. MCCASKILL (for herself, Mr. HELLER, and Mrs. ERNST) introduced the 

following bill; which was read twice and referred to the Committee on 

Armed Services 

A BILL 

To amend the Uniform Code of Military Justice to prohibit 

the wrongful broadcast or distribution of intimate visual 

images. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting the Rights 

5 of IndiViduals Against Technological Exploitation Act’’ or 

6 the ‘‘PRIVATE Act’’. 


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•S 1296 IS

1 SEC. 2. PROHIBITION ON WRONGFUL BROADCAST OR DIS2 TRIBUTION OF INTIMATE VISUAL IMAGES. 

3 (a) PROHIBITION.—Subchapter X of chapter 47 of 

4 title 10, United States Code, is amended by inserting after 

5 section 917 (article 117 of the Uniform Code of Military 

6 Justice) the following new section (article): 

7 ‘‘§ 917a. Art. 117a. Wrongful broadcast or distribution 

8 of intimate visual images 

9 ‘‘(a) PROHIBITION.—Any person subject to this chap10 ter who— 

11 ‘‘(1) knowingly and wrongfully broadcasts or 

12 distributes an intimate visual image of a private 

13 area of another person who— 

14 ‘‘(A) is at least 18 years of age at the time 

15 the intimate visual image was created; 

16 ‘‘(B) is identifiable from the image itself or 

17 from information displayed in connection with 

18 the image; and 

19 ‘‘(C) does not explicitly consent to the 

20 broadcast or distribution of the intimate visual 

21 image; 

22 ‘‘(2) knows or reasonably should have known 

23 that the intimate visual image was made under cir24 cumstances in which the person depicted in the inti25 mate visual image retained a reasonable expectation 


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•S 1296 IS

1 of privacy regarding any broadcast or distribution of 

2 the intimate visual image; and 

3 ‘‘(3) knows or reasonably should have known 

4 that the broadcast or distribution of the intimate 

5 visual image is likely— 

6 ‘‘(A) to cause harm, harassment, intimida7 tion, emotional distress, or financial loss for the 

8 person depicted in the intimate visual image; or 

9 ‘‘(B) to harm substantially the depicted 

10 person with respect to that person’s health, 

11 safety, business, calling, career, financial condi12 tion, reputation, or personal relationships, 

13 is guilty of wrongful distribution of intimate visual images 

14 and shall by punished as a court-martial may direct. 

15 ‘‘(b) DEFINITIONS.—In this section (article): 

16 ‘‘(1) BROADCAST.—The term ‘broadcast’ means 

17 to electronically transmit a visual image with the in18 tent that it be viewed by a person or persons. 

19 ‘‘(2) DISTRIBUTE.—The term ‘distribute’ 

20 means to deliver to the actual or constructive posses21 sion of another person, including transmission by 

22 mail or electronic means. 

23 ‘‘(3) INTIMATE VISUAL IMAGE.—The term ‘inti24 mate visual image’ means a photograph, video, film, 


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•S 1296 IS

1 or recording made by any means that depicts a pri2 vate area of a person. 

3 ‘‘(4) PRIVATE AREA.—The term ‘private area’ 

4 means the naked or underwear-clad genitalia, anus, 

5 buttocks, or female areola or nipple. 

6 ‘‘(5) REASONABLE EXPECTATION OF PRI7 VACY.—The term ‘reasonable expectation of privacy’ 

8 refers to circumstances in which a reasonable person 

9 would believe that an intimate visual image of the 

10 person would not be broadcast or distributed to an11 other person.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of subchapter X of chapter 47 of title 

14 10, United States Code (the Uniform Code of Military 

15 Justice), is amended by inserting after the item relating 

16 to section 917 (article 117) the following new item: 

‘‘917a. 117a. Wrongful broadcast or distribution of intimate visual images.’’. 

Æ 


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