‘‘§ 2252D. Intimate digital depictions 
‘‘(a) OFFENSE.—Whoever, in or affecting interstate 
or foreign commerce, discloses or threatens to disclose an 
intimate digital depiction— 
‘‘(1) with the intent to harass, annoy, threaten, 
alarm, or cause substantial harm to the finances or 
reputation of the depicted individual; or 
‘‘(2) with actual knowledge that, or reckless dis-
regard for whether, such disclosure or threatened 
disclosure 
will 
cause 
physical, 
emotional, 
reputational, or economic harm to the depicted indi-
vidual, 
shall be punished as provided under subsection (b). 
‘‘(b) PENALTY.—Any person who commits an offense 
under subsection (a) shall be— 
‘‘(1) fined under this title, imprisoned for not 
more than 2 years, or both; or 
‘‘(2) fined under this title, imprisoned for not 
more than 10 years, or both, in the case of a viola-
tion in which the creation, reproduction, or distribu-
tion of the intimate digital depiction could be rea-
sonably expected to— 
‘‘(A) affect the conduct of any administra-
tive, legislative, or judicial proceeding of a Fed-
eral, State, local, or Tribal government agency, 
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including the administration of an election or 
the conduct of foreign relations; or 
‘‘(B) facilitate violence. 
‘‘(c) DISCLAIMERS.—It shall not be a defense to an 
action under this section that there is a disclaimer stating 
that the intimate digital depiction of the depicted indi-
vidual was unauthorized or that the depicted individual 
did not participate in the creation or development of the 
material. 
‘‘(d) LIMITATIONS.—For purposes of this section, a 
provider of an interactive computer service shall not be 
held liable on account of— 
‘‘(1) any action voluntarily taken in good faith 
to restrict access to or availability of intimate digital 
depictions; or 
‘‘(2) any action taken to enable or make avail-
able to information content providers or other per-
sons the technical means to restrict access to inti-
mate digital depictions. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CONSENT.—The term ‘consent’ has the 
meaning given such term in section 1309 of the Vio-
lence Against Women Act Reauthorization Act of 
2022. 
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‘‘(2) DEPICTED
INDIVIDUAL.—The term ‘de-
picted individual’ means an individual who, as a re-
sult of digitization or by means of digital manipula-
tion, appears in whole or in part in an intimate dig-
ital depiction and who is identifiable by virtue of the 
person’s face, likeness, or other distinguishing char-
acteristic, such as a unique birthmark or other rec-
ognizable feature, or from information displayed in 
connection with the digital depiction. 
‘‘(3) DIGITAL
DEPICTION.—The term ‘digital 
depiction’ means a realistic visual depiction, as that 
term is defined in section 2256(5), of an individual 
that has been created or altered using digital manip-
ulation. 
‘‘(4) DISCLOSE.—The term ‘disclose’ has the 
meaning given such term in section 1309 of the Vio-
lence Against Women Act Reauthorization Act of 
2022. 
‘‘(5) INTIMATE DIGITAL DEPICTION.—The term 
‘intimate digital depiction’ means a digital depiction 
of an individual that has been created or altered 
using digital manipulation and that depicts— 
‘‘(A) the uncovered genitals, pubic area, 
anus, or postpubescent female nipple of an 
identifiable individual; 
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‘‘(B) the display or transfer of bodily sex-
ual fluids— 
‘‘(i) onto any part of the body of an 
identifiable individual; or 
‘‘(ii) from the body of an identifiable 
individual; or 
‘‘(C) an identifiable individual engaging in 
sexually explicit conduct. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given the 
term in subparagraphs (A) and (B) of section 
2256(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 110 of title 18, United States Code is amended 
by inserting after the item relating to section 2252C the 
following new item: 
‘‘2252D. Intimate digital depictions.’’. 
Æ 
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