II 

115TH CONGRESS 

1ST SESSION S. 1346 

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

distribution of private sexual images and to prohibit harassment, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2017 

Ms. WARREN (for herself and Mr. SULLIVAN) 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 nonconsensual distribution of private sexual images 

and to prohibit harassment, and for other purposes. 

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 Service5 members Online Act of 2017’’. 


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1 SEC. 2. PROHIBITION ON NONCONSENSUAL DISTRIBUTION 

2 OF PRIVATE SEXUAL IMAGES. 

3 (a) PROHIBITION.—Section 920c of title 10, United 

4 States Code (article 120c of the Uniform Code of Military 

5 Justice), is amended— 

6 (1) by redesignating subsection (d) as sub7 section (e); and 

8 (2) by inserting after subsection (c) the fol9 lowing new subsection (d): 

10 ‘‘(d) NONCONSENSUAL DISTRIBUTION OF PRIVATE

11 SEXUAL IMAGES.— 

12 ‘‘(1) IN GENERAL.—Any person subject to this 

13 chapter who— 

14 ‘‘(A) knowingly broadcasts or distributes a 

15 visual image of another person who— 

16 ‘‘(i) is at least 18 years of age; 

17 ‘‘(ii) is identifiable from the image 

18 itself or from information displayed in con19 nection with the image; 

20 ‘‘(iii) is engaged in a sexual act or ex21 poses a private area; and 

22 ‘‘(iv) had a reasonable expectation of 

23 privacy in the conduct depicted on the 

24 image; 

25 ‘‘(B) knows that the image was to remain 

26 private; 


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1 ‘‘(C) knows that the person depicted in the 

2 image has not consented to the broadcast or 

3 distribution; and 

4 ‘‘(D) broadcasts or distributes the image 

5 with the intent to harm, harass, intimidate, or 

6 coerce the person depicted in the image; 

7 is guilty of an offense under this subsection and shall be 

8 punished as a court-martial may direct. 

9 ‘‘(2) CONSTRUCTION OF CERTAIN BROADCAST

10 OR DISTRIBUTION.—The broadcast or distribution 

11 by a person of a visual image of the person to one 

12 other particular person shall not, by itself, constitute 

13 consent for the broadcast or distribution of the vis14 ual image by that particular person to any other 

15 person or persons for purposes of this subsection.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall apply to offenses committed on or 

18 after the date of the enactment of this Act. 

19 SEC. 3. PROHIBITION ON HARASSMENT. 

20 (a) PUNITIVE ARTICLE.— 

21 (1) IN GENERAL.—Subchapter X of chapter 47 

22 of title 10, United States Code (the Uniform Code 

23 of Military Justice), is amended by inserting after 

24 section 917 (article 117) the following new section 

25 (article): 


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1 ‘‘§ 917a. Art. 117a. Harassment 

2 ‘‘(a) IN GENERAL.—Any person subject to this chap3 ter who— 

4 ‘‘(1) intentionally engages in a course of con5 duct, including broadcast or transmission by elec6 tronic means, with the intent to cause harm through 

7 directing harassing communications at one or more 

8 specific other persons; and 

9 ‘‘(2) causes harm to the other person or per10 sons, or to the military unit of the other person or 

11 persons, by the harassing communication; 

12 is guilty of an offense under this section and shall be pun13 ished as a court-martial may direct. 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘course of conduct’ means a pat16 tern of conduct consisting of two or more acts di17 rected to a specific person or persons and evidencing 

18 a continuity of purpose. 

19 ‘‘(2) The term ‘harassing communication’ 

20 means a communication that— 

21 ‘‘(A) seriously intimidates or harasses an22 other person or persons; 

23 ‘‘(B) would cause a reasonable person to 

24 suffer substantial emotional distress; and 

25 ‘‘(C) serves no military purpose.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of subchapter X of chapter 47 

3 of such title is amended by inserting after the item 

4 relating to section 917 (article 117) the following 

5 new item: 

‘‘917a. 117a. Harassment.’’. 

6 (b) COORDINATION WITH UCMJ REFORM.— 

7 (1) IN GENERAL.—Effective as of the effective 

8 date of the amendments made by division E of the 

9 National Defense Authorization Act for Fiscal Year 

10 2017 (Public Law 114–328), as provided in section 

11 5542(a) of that Act, and immediately after the com12 ing into effect of such amendments, subchapter X of 

13 chapter 47 of title 10, United States Code (the Uni14 form Code of Military Justice), is further amend15 ed— 

16 (A) by transferring section 917a (article 

17 117a), as added by subsection (a), to appear 

18 after section 915 (article 115), as amended by 

19 section 5427 of the National Defense Author20 ization Act for Fiscal Year 2017; and 

21 (B) by redesignating such section (article), 

22 as so transferred, as section 915a (article 

23 115a). 

24 (2) CLERICAL AMENDMENTS.—Effective as of 

25 the effective date provided in paragraph (1), the 


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1 table of sections at the beginning of subchapter X of 

2 chapter 47 of such title, as amended by section 5452 

3 of the National Defense Authorization Act for Fiscal 

4 Year 2017, is further amended— 

5 (A) by inserting after the item relating to 

6 section 915 (article 115) the following new 

7 item: 

‘‘915a. 115a. Harassment.’’; 

8 and 

9 (B) by striking the item relating to section 

10 917a (article 117a). 

Æ 


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