I 

118TH CONGRESS 

2D SESSION H. R. 8387 

To amend title 18, United States Code, to prohibit the disclosure of intimate 

images, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2024 

Ms. MACE introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit the 

disclosure of intimate images, 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 ‘‘Victimizer Account5 ability for Nonconsensual Images and Spiteful Humilia6 tion Act’’ or the ‘‘VANISH Act’’. 

7 SEC. 2. VISUAL DEPICTION PRIVACY. 

8 (a) IN GENERAL.—Chapter 88 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 1802. Prohibition of disclosure of intimate images 

2 ‘‘(a) OFFENSE.—Except as provided in subsection 

3 (b), whoever— 

4 ‘‘(1) recklessly discloses, in or affecting inter5 state or foreign commerce or using any means, chan6 nel, facility, or instrumentality of interstate or for7 eign commerce, an intimate visual depiction of an in8 dividual, without the consent of the individual; 

9 ‘‘(2) knowingly threatens to commit an offense 

10 described in paragraph (1); or 

11 ‘‘(3) conspires to commit an offense described 

12 in paragraph (1), 

13 shall be fined under this title, imprisoned not more than 

14 5 years, or both. 

15 ‘‘(b) CONSENT.—For purposes of subsection (a)— 

16 ‘‘(1) the fact that the depicted individual con17 sented to the creation of the intimate visual depic18 tion shall not establish that the person consented to 

19 its disclosure; 

20 ‘‘(2) the fact that the depicted individual is a 

21 public figure shall not establish that the depicted in22 dividual consented to the disclosure of the intimate 

23 visual depiction; and 

24 ‘‘(3) the fact that the depicted individual dis25 closed the intimate visual depiction to someone else 

26 shall not establish that the depicted individual conVerDate Sep 11 2014 02:07 Jun 25, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8387.IH H8387

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1 sented to the further disclosure of the intimate vis2 ual depiction by the person alleged to have violated 

3 subsection (a). 

4 ‘‘(c) EXCEPTIONS.— 

5 ‘‘(1) IN GENERAL.—This section shall not apply 

6 with respect to— 

7 ‘‘(A) an intimate visual depiction that is 

8 commercial pornographic content, unless that 

9 content was produced by force, fraud, misrepre10 sentation, or coercion of the depicted individual; 

11 ‘‘(B) a disclosure made in good faith— 

12 ‘‘(i) to a law enforcement officer or 

13 agency; 

14 ‘‘(ii) as part of a legal proceeding; 

15 ‘‘(iii) as part of medical education, di16 agnosis, or treatment; or 

17 ‘‘(iv) in the reporting or investigation 

18 of— 

19 ‘‘(I) unlawful content; or 

20 ‘‘(II) unsolicited or unwelcome 

21 conduct; 

22 ‘‘(C) matter of public concern or public in23 terest; or 

24 ‘‘(D) a disclosure reasonably intended to 

25 assist the identifiable individual. 


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1 ‘‘(2) SERVICE PROVIDERS.—This section shall 

2 not apply to any provider of a communications serv3 ice with regard to content provided by another infor4 mation content provider unless the provider of the 

5 communications service intentionally solicits, or 

6 knowingly and predominantly distributes, content 

7 that the provider of the communications service 

8 knows is in violation of this section. 

9 ‘‘(3) CLARIFICATION.—The fact that an inti10 mate visual depiction depicts a public figure does not 

11 constitute an exception under paragraph (1)(C). 

12 ‘‘(d) EXTRATERRITORIALITY.—There is 

13 extraterritorial Federal jurisdiction over an offense under 

14 this section if the alleged offender or the depicted indi15 vidual is a national of the United States (as such term 

16 is defined in section 101 of the Immigration and Nation17 ality Act (8 U.S.C. 1101)). 

18 ‘‘(e) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘consent’ means an affirmative, 

20 conscious, competent, and voluntary authorization 

21 made by the individual free from force, fraud, mis22 representation, or coercion. 

23 ‘‘(2) The term ‘depicted individual’ means an 

24 individual whose body appears in whole or in part in 

25 an intimate visual depiction and who is identifiable 


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1 by virtue of the person’s face, likeness, or other dis2 tinguishing characteristic, such as a unique birth3 mark or other recognizable feature, or from informa4 tion displayed in connection with the visual depic5 tion. 

6 ‘‘(3) The term ‘disclose’ means to transfer, pub7 lish, distribute, or make accessible. 

8 ‘‘(4) The term ‘intimate visual depiction’— 

9 ‘‘(A) means a visual depiction, as that 

10 term is defined in section 2256(5), that de11 picts— 

12 ‘‘(i) the uncovered genitals, pubic 

13 area, anus, or female nipple of an identifi14 able individual; or 

15 ‘‘(ii) the display or transfer of bodily 

16 sexual fluids— 

17 ‘‘(I) on to any part of the body 

18 of an identifiable individual; or 

19 ‘‘(II) from the body of an identi20 fiable individual; or 

21 ‘‘(iii) an identifiable individual engag22 ing in sexually explicit conduct; and 

23 ‘‘(B) includes any visual depictions de24 scribed in subparagraph (A) produced while the 


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1 identifiable individual was in a public place only 

2 if the individual did not— 

3 ‘‘(i) voluntarily display the content de4 picted; or 

5 ‘‘(ii) consent to the sexual conduct de6 picted. 

7 ‘‘(5) The term ‘sexually explicit conduct’ has 

8 the meaning given the term in subparagraph (A) of 

9 section 2256(2). 

10 ‘‘(6) The term ‘communications service’ 

11 means— 

12 ‘‘(A) a service provided by a person that is 

13 a common carrier, as that term is defined in 

14 section 3 of the Communications Act of 1934 

15 (47 U.S.C. 153), insofar as the person is acting 

16 as a common carrier; 

17 ‘‘(B) an electronic communication service, 

18 as that term is defined in section 2510; 

19 ‘‘(C) an information service, as that term 

20 is defined in section 3 of the Communications 

21 Act of 1934 (47 U.S.C. 153); and 

22 ‘‘(D) an interactive computer service, as 

23 that term is defined in section 230(f) of the 

24 Communications Act of 1934 (47 U.S.C. 

25 230(f)). 


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1 ‘‘(7) The term ‘information content provider’ 

2 has the meaning given such term i section 230(f) fo 

3 the Communications Act of 1934 (47 U.S.C. 

4 230(f)).’’. 

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

6 for chapter 88 of title 18, United States Code, is amended 

7 by adding at the end the following: 

‘‘1802. Prohibition of disclosure of intimate images.’’. 

Æ 


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