IIB 

115TH CONGRESS 

1ST SESSION H. R. 2052 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Received; read twice and referred to the Committee on Armed Services 

AN ACT 

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, 


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HR 2052 RFS

1 SECTION 1. SHORT TITLE. 

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

3 of IndiViduals Against Technological Exploitation Act’’ or 

4 the ‘‘PRIVATE Act’’. 

5 SEC. 2. PROHIBITION ON WRONGFUL BROADCAST OR DIS6 TRIBUTION OF INTIMATE VISUAL IMAGES. 

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

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

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

10 Justice) the following new section (article): 

11 ‘‘§ 917a. Art. 117a. Wrongful broadcast or distribution 

12 of intimate visual images 

13 ‘‘(a) PROHIBITION.—Any person subject to this chap14 ter who— 

15 ‘‘(1) knowingly and wrongfully broadcasts or 

16 distributes an intimate visual image of a private 

17 area of another person who— 

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

19 the intimate visual image was created; 

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

21 from information displayed in connection with 

22 the image; and 

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

24 broadcast or distribution of the intimate visual 

25 image; 


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

2 that the intimate visual image was made under cir3 cumstances in which the person depicted in the inti4 mate visual image retained a reasonable expectation 

5 of privacy regarding any broadcast or distribution of 

6 the intimate visual image; and 

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

8 that the broadcast or distribution of the intimate 

9 visual image is likely— 

10 ‘‘(A) to cause harm, harassment, intimida11 tion, emotional distress, or financial loss for the 

12 person depicted in the intimate visual image; or 

13 ‘‘(B) to harm substantially the depicted 

14 person with respect to that person’s health, 

15 safety, business, calling, career, financial condi16 tion, reputation, or personal relationships, 

17 is guilty of wrongful distribution of intimate visual images 

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

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

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

21 to electronically transmit a visual image with the in22 tent that it be viewed by a person or persons. 

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

24 means to deliver to the actual or constructive possesVerDate Sep 11 2014 00:19 May 26, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2052.RFS H2052

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1 sion of another person, including transmission by 

2 mail or electronic means. 

3 ‘‘(3) INTIMATE VISUAL IMAGE.—The term ‘inti4 mate visual image’ means a photograph, video, film, 

5 or recording made by any means that depicts a pri6 vate area of a person. 

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

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

9 buttocks, or female areola or nipple. 

10 ‘‘(5) REASONABLE EXPECTATION OF PRI11 VACY.—The term ‘reasonable expectation of privacy’ 

12 refers to circumstances in which a reasonable person 

13 would believe that an intimate visual image of a pri14 vate area of the person would not be broadcast or 

15 distributed to another person.’’. 

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

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

18 10, United States Code (the Uniform Code of Military 

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

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

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

Passed the House of Representatives May 24, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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