SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ending Nonconsensual 
Online User Graphic Harassment Act of 2017’’ or the 
‘‘ENOUGH Act’’. 
SEC. 2. CERTAIN ACTIVITIES RELATING TO INTIMATE VIS-
UAL DEPICTIONS. 
(a) IN GENERAL.—Chapter 88 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1802. Certain activities relating to intimate visual 
depictions 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMMUNICATIONS
SERVICE.—The term 
‘communications service’ means— 
‘‘(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), insofar as the person is acting 
as a common carrier; 
‘‘(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); and 
‘‘(D) an interactive computer service, as 
that term is defined in section 230(f) of the 
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Communications Act of 1934 (47 U.S.C. 
230(f)). 
‘‘(2) DISTRIBUTE.—The term ‘distribute’ in-
cludes enabling access, such as by sharing a private 
reference. 
‘‘(3) INFORMATION CONTENT PROVIDER.—The 
term ‘information content provider’ has the meaning 
given that term in section 230(f) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f)). 
‘‘(4) INTIMATE VISUAL DEPICTION.—The term 
‘intimate visual depiction’ means any visual depic-
tion (as that term is defined in section 2256(5))— 
‘‘(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 sex-
ually explicit conduct; or 
‘‘(ii) the naked genitals or post-pubes-
cent female nipple of the individual are 
visible; 
‘‘(C) in which the content described in sub-
paragraph (B) is not simulated; and 
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‘‘(D) in original or modified format, such 
as with a filter or text overlay. 
‘‘(5) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given 
that term in section 2256(2)(A). 
‘‘(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 in-
dividual that the depiction would remain pri-
vate; 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 pub-
lic 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.— 
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‘‘(1) LAW ENFORCEMENT AND OTHER LEGAL 
PROCEEDINGS.—This section— 
‘‘(A) does not prohibit any lawful law en-
forcement, correctional, or intelligence activity; 
‘‘(B) shall not apply in the case of an indi-
vidual reporting unlawful activity in good faith; 
and 
‘‘(C) shall not apply in the case of a docu-
ment production or filing associated with a legal 
proceeding. 
‘‘(2) SERVICE PROVIDERS.—This section shall 
not apply to any provider of a communications serv-
ice with regard to content provided by another infor-
mation 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 sub-
section (b), regardless of whether the threat is an act of 
extortion, shall be punished as provided in subsection (c). 
‘‘(f) VENUE AND EXTRATERRITORIALITY.—A pros-
ecution under this section may be brought in a district 
where the defendant or the depicted individual resides or 
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in a district where the intimate visual depictions are dis-
tributed or made available. There is extraterritorial Fed-
eral jurisdiction over an offense under this section if the 
defendant or the depicted individual is a citizen or perma-
nent resident of the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of chapter 88 of title 18, United States Code, is amended 
by inserting after the item relating to section 1801 the 
following: 
‘‘1802. Certain activities relating to intimate visual depictions.’’. 
Æ 
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