‘‘(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 
Communications Act of 1934 (47 U.S.C. 
230(f)). 
‘‘(2) 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)). 
‘‘(3) 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 has obtained 18 
years of age and is engaging in sexually 
explicit conduct; or 
‘‘(ii) the naked genitals, anus, pubic 
area or post-pubescent female nipple of the 
individual are visible; 
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‘‘(C) in which the content described in sub-
paragraph (B) is not simulated; and 
‘‘(D) in original or modified format. 
‘‘(4) 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; and 
‘‘(B) the reasonable expectation of the in-
dividual that the depiction would remain pri-
vate; 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 2 years, for each individual victim depicted, or both. 
‘‘(d) EXCEPTIONS.— 
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‘‘(1) LAW ENFORCEMENT, LAWFUL REPORTING, 
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 acting in good faith to report unlawful 
activity or in pursuance of a legal or profes-
sional or other lawful obligation; 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 ac-
tually knows is in violation of this section. 
‘‘(e) THREATS.—Any person who intentionally 
threatens to commit an offense under subsection (b) 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. There is extraterritorial Federal jurisdiction over 
an offense under this section if the defendant or the de-
picted individual is a citizen or permanent 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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