II 

115TH CONGRESS 

1ST SESSION S. 2162 

To amend title 18, United States Code, 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. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 28, 2017 

Ms. HARRIS (for herself, Mr. BURR, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ending Nonconsensual 

3 Online User Graphic Harassment Act of 2017’’ or the 

4 ‘‘ENOUGH Act’’. 

5 SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VIS6 UAL DEPICTIONS. 

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

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 1802. Certain activities relating to intimate visual 

11 depictions 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) COMMUNICATIONS SERVICE.—The term 

14 ‘communications service’ means— 

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

16 a common carrier, as that term is defined in 

17 section 3 of the Communications Act of 1934 

18 (47 U.S.C. 153), insofar as the person is acting 

19 as a common carrier; 

20 ‘‘(B) an electronic communication service, 

21 as that term is defined in section 2510; 

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

23 is defined in section 3 of the Communications 

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

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

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


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

2 230(f)). 

3 ‘‘(2) DISTRIBUTE.—The term ‘distribute’ in4 cludes enabling access, such as by sharing a private 

5 reference. 

6 ‘‘(3) INFORMATION CONTENT PROVIDER.—The 

7 term ‘information content provider’ has the meaning 

8 given that term in section 230(f) of the Communica9 tions Act of 1934 (47 U.S.C. 230(f)). 

10 ‘‘(4) INTIMATE VISUAL DEPICTION.—The term 

11 ‘intimate visual depiction’ means any visual depic12 tion (as that term is defined in section 2256(5))— 

13 ‘‘(A) of an individual who is reasonably 

14 identifiable from the visual depiction itself or 

15 information displayed in connection with the 

16 visual depiction; 

17 ‘‘(B) in which— 

18 ‘‘(i) the individual is engaging in sex19 ually explicit conduct; or 

20 ‘‘(ii) the naked genitals or post-pubes21 cent female nipple of the individual are 

22 visible; 

23 ‘‘(C) in which the content described in sub24 paragraph (B) is not simulated; and 


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1 ‘‘(D) in original or modified format, such 

2 as with a filter or text overlay. 

3 ‘‘(5) SEXUALLY EXPLICIT CONDUCT.—The term 

4 ‘sexually explicit conduct’ has the meaning given 

5 that term in section 2256(2)(A). 

6 ‘‘(b) OFFENSE.—Except as provided in subsection 

7 (d), it shall be unlawful to knowingly use any means or 

8 facility of interstate or foreign commerce to distribute an 

9 intimate visual depiction of an individual— 

10 ‘‘(1) with knowledge of or reckless disregard 

11 for— 

12 ‘‘(A) the lack of consent of the individual 

13 to the distribution; 

14 ‘‘(B) the reasonable expectation of the in15 dividual that the depiction would remain pri16 vate; and 

17 ‘‘(C) harm that the distribution could 

18 cause to the individual; and 

19 ‘‘(2) without an objectively reasonable belief 

20 that such distribution touches upon a matter of pub21 lic concern. 

22 ‘‘(c) PENALTY.—Any person who violates subsection 

23 (b) shall be fined under this title, imprisoned not more 

24 than 5 years, or both. 

25 ‘‘(d) EXCEPTIONS.— 


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1 ‘‘(1) LAW ENFORCEMENT AND OTHER LEGAL

2 PROCEEDINGS.—This section— 

3 ‘‘(A) does not prohibit any lawful law en4 forcement, correctional, or intelligence activity; 

5 ‘‘(B) shall not apply in the case of an indi6 vidual reporting unlawful activity in good faith; 

7 and 

8 ‘‘(C) shall not apply in the case of a docu9 ment production or filing associated with a legal 

10 proceeding. 

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

12 not apply to any provider of a communications serv13 ice with regard to content provided by another infor14 mation content provider unless the provider of the 

15 communications service intentionally solicits, or 

16 knowingly and predominantly distributes, content 

17 that the provider of the communications service has 

18 actual knowledge is in violation of this section. 

19 ‘‘(e) THREATS AND EXTORTION.—Any person who 

20 intentionally threatens to commit an offense under sub21 section (b), regardless of whether the threat is an act of 

22 extortion, shall be punished as provided in subsection (c). 

23 ‘‘(f) VENUE AND EXTRATERRITORIALITY.—A pros24 ecution under this section may be brought in a district 

25 where the defendant or the depicted individual resides or 


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1 in a district where the intimate visual depictions are dis2 tributed or made available. There is extraterritorial Fed3 eral jurisdiction over an offense under this section if the 

4 defendant or the depicted individual is a citizen or perma5 nent resident of the United States.’’. 

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

7 of chapter 88 of title 18, United States Code, is amended 

8 by inserting after the item relating to section 1801 the 

9 following: 

‘‘1802. Certain activities relating to intimate visual depictions.’’. 

Æ 


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