ENOUGH Act

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. Short title This Act may be cited as the Ending Nonconsensual Online User Graphic Harassment Act of 2017 ENOUGH Act 2. Certain activities relating to intimate visual depictions (a) In general Chapter 88 1802. Certain activities relating to intimate visual depictions (a) Definitions In this section: (1) Communications service The term communications service (A) a service provided by a person that is a common carrier, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 (B) an electronic communication service, as that term is defined in section 2510; (C) an information service, as that term is defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 (D) an interactive computer service, as that term is defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) (2) Distribute The term distribute (3) Information content provider The term information content provider 47 U.S.C. 230(f) (4) Intimate visual depiction The term intimate visual depiction (A) of an individual who is reasonably identifiable from the visual depiction itself or information displayed in connection with the visual depiction; (B) in which— (i) the individual is engaging in sexually explicit conduct; or (ii) the naked genitals or post-pubescent female nipple of the individual are visible; (C) in which the content described in subparagraph (B) is not simulated; and (D) in original or modified format, such as with a filter or text overlay. (5) Sexually explicit conduct The term sexually explicit conduct (b) Offense Except as provided in subsection (d), it shall be unlawful to knowingly use any means or facility of interstate or foreign commerce to distribute an intimate visual depiction of an individual— (1) with knowledge of or reckless disregard for— (A) the lack of consent of the individual to the distribution; (B) the reasonable expectation of the individual that the depiction would remain private; and (C) harm that the distribution could cause to the individual; and (2) without an objectively reasonable belief that such distribution touches upon a matter of public concern. (c) Penalty Any person who violates subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Exceptions (1) Law enforcement and other legal proceedings This section— (A) does not prohibit any lawful law enforcement, correctional, or intelligence activity; (B) shall not apply in the case of an individual reporting unlawful activity in good faith; and (C) shall not apply in the case of a document production or filing associated with a legal proceeding. (2) Service providers This section shall not apply to any provider of a communications service with regard to content provided by another information content provider unless the provider of the communications service intentionally solicits, or knowingly and predominantly distributes, content that the provider of the communications service has actual knowledge is in violation of this section. (e) Threats and extortion Any person who intentionally threatens to commit an offense under subsection (b), regardless of whether the threat is an act of extortion, shall be punished as provided in subsection (c). (f) Venue and extraterritoriality A prosecution under this section may be brought in a district where the defendant or the depicted individual resides or in a district where the intimate visual depictions are distributed or made available. There is extraterritorial Federal jurisdiction over an offense under this section if the defendant or the depicted individual is a citizen or permanent resident of the United States. . (b) Clerical amendment The table of sections of chapter 88 section 1801 1802. Certain activities relating to intimate visual depictions. .

Summary: Ending Nonconsensual Online User Graphic Harassment Act of 2017 or the ENOUGH Act This bill amends the federal criminal code to make it a crime to knowingly distribute (or intentionally threaten to distribute) an intimate visual depiction of an individual with knowledge of or reckless disregard for the individual's lack of consent, reasonable expectation of privacy, and potential harm; and without a reasonable belief that such distribution touches a matter of public concern. It imposes criminal penalties&#8212;a fine, a prison term of up to five years, or both&#8212;on a violator.