PRIVATE Act

To amend the Uniform Code of Military Justice to prohibit the wrongful broadcast or distribution of intimate visual images. 1. Short title This Act may be cited as the Protecting the Rights of IndiViduals Against Technological Exploitation Act PRIVATE Act 2. Prohibition on wrongful broadcast or distribution of intimate visual images (a) Prohibition Subchapter X of chapter 47 section 917 917a. Art. 117a. Wrongful broadcast or distribution of intimate visual images (a) Prohibition Any person subject to this chapter who— (1) knowingly and wrongfully broadcasts or distributes an intimate visual image of a private area of another person who— (A) is at least 18 years of age at the time the intimate visual image was created; (B) is identifiable from the image itself or from information displayed in connection with the image; and (C) does not explicitly consent to the broadcast or distribution of the intimate visual image; (2) knows or reasonably should have known that the intimate visual image was made under circumstances in which the person depicted in the intimate visual image retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image; and (3) knows or reasonably should have known that the broadcast or distribution of the intimate visual image is likely— (A) to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image; or (B) to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships, is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct. (b) Definitions In this section (article): (1) Broadcast The term broadcast (2) Distribute The term distribute (3) Intimate visual image The term intimate visual image (4) Private area The term private area (5) Reasonable expectation of privacy The term reasonable expectation of privacy . (b) Clerical amendment The table of sections at the beginning of subchapter X of chapter 47 917a. 117a. Wrongful broadcast or distribution of intimate visual images. .

Summary: Protecting the Rights of IndiViduals Against Technological Exploitation Act or the PRIVATE Act This bill amends the Uniform Code of Military Justice to prohibit a person from knowingly and wrongfully broadcasting or distributing an intimate visual image of a private area of another individual who is at least 18 years old, who is identifiable from the image or from information displayed in connection with the image, and who does not explicitly consent, if the person knows or reasonably should have known that: the image was made under circumstances in which the individual depicted retained a reasonable expectation of privacy regarding any broadcast or distribution of such image; and the broadcast or distribution of the intimate visual image is likely to cause harm, harassment, intimidation, emotional distress, or financial loss for the individual depicted or to harm substantially the depicted individual's health, safety, business, calling, career, financial condition, reputation, or personal relationships. The perpetrator of such offense is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct.