SEC. 2. MODIFICATIONS TO OFFENSE OF WRONGFUL 
BROADCAST OR DISTRIBUTION OF INTIMATE 
VISUAL IMAGES UNDER THE UNIFORM CODE 
OF MILITARY JUSTICE. 
Section 917a of title 10, united states code (article 
117a of the uniform code of military justice) is amended 
to read as follows: 
‘‘§ 917a. Art. 117a. Wrongful broadcast, distribution, 
or publication of intimate visual images 
‘‘(a) PROHIBITION.—Any person subject to this chap-
ter— 
‘‘(1) who knowingly broadcasts, distributes, or 
uses a communication service to publish an authen-
tic intimate visual depiction of an identifiable indi-
vidual who is not a minor if— 
‘‘(A) the intimate visual depiction was ob-
tained or created under circumstances in which 
the person knew or reasonably should have 
known the identifiable individual had a reason-
able expectation of privacy; 
‘‘(B) the authentic intimate visual depic-
tion was broadcast, distributed, or published 
without the consent of the identifiable indi-
vidual; 
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‘‘(C) what is depicted was not voluntarily 
exposed by the identifiable individual in a public 
or commercial setting; 
‘‘(D) what is depicted is not a matter of 
public concern; and 
‘‘(E) the broadcast, distribution, or publi-
cation of the intimate visual depiction— 
‘‘(i) is intended to cause harm; or 
‘‘(ii) causes harm, including psycho-
logical, financial, or reputational harm, to 
the identifiable individual; 
‘‘(2) who knowingly broadcasts, distributes, or 
uses a communication service to publish an authen-
tic intimate visual depiction of an identifiable indi-
vidual who is a minor with intent to— 
‘‘(A) abuse, humiliate, harass, or degrade 
the minor; or 
‘‘(B) arouse or gratify the sexual desire of 
any person; 
‘‘(3) who knowingly broadcasts, distributes, or 
uses a communication service to publish a digital 
forgery of an identifiable individual who is not a 
minor if— 
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‘‘(A) the digital forgery was broadcast, dis-
tributed, or published without the consent of 
the identifiable individual; 
‘‘(B) what is depicted was not voluntarily 
exposed by the identifiable individual in a public 
or commercial setting; 
‘‘(C) what is depicted is not a matter of 
public concern; and 
‘‘(D) the broadcast, distribution, or publi-
cation of the digital forgery— 
‘‘(i) is intended to cause harm; or 
‘‘(ii) causes harm, including psycho-
logical, financial, or reputational harm, to 
the identifiable individual; or 
‘‘(4) who knowingly broadcasts, distributes, or 
uses a communication service to publish a digital 
forgery of an identifiable individual who is a minor 
with intent to— 
‘‘(A) abuse, humiliate, harass, or degrade 
the minor; or 
‘‘(B) arouse or gratify the sexual desire of 
any person, 
is guilty of wrongful distribution of intimate visual 
images or visual images of sexually explicit conduct 
and shall be punished as a court-martial may direct. 
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‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply 
to— 
‘‘(1) a lawfully authorized investigative, protec-
tive, or intelligence activity of— 
‘‘(A) a law enforcement agency of the 
United States, a State, or a political subdivision 
of a State; or 
‘‘(B) an intelligence agency of the United 
States; 
‘‘(2) a disclosure made reasonably and in good 
faith— 
‘‘(A) to a law enforcement officer or agen-
cy; 
‘‘(B) as part of a document production or 
filing associated with a legal proceeding; 
‘‘(C) as part of medical education, diag-
nosis, or treatment or for a legitimate medical, 
scientific, or educational purpose; 
‘‘(D) in the reporting of unlawful content 
or unsolicited or unwelcome conduct or in pur-
suance of a legal, professional, or other lawful 
obligation; or 
‘‘(E) to seek support or help with respect 
to the receipt of an unsolicited intimate visual 
depiction; 
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‘‘(3) a disclosure reasonably intended to assist 
the identifiable individual; or 
‘‘(4) a person who possesses or publishes an in-
timate visual depiction of himself or herself engaged 
in nudity or sexually explicit conduct. 
‘‘(c) CONSENT.—For the purposes of subsection 
(a)— 
‘‘(1) the fact that the depicted individual con-
sented to the creation of the intimate visual depic-
tion shall not establish that the person consented to 
its disclosure; and 
‘‘(2) the fact that the depicted individual dis-
closed the intimate visual depiction to another per-
son shall not establish that the depicted individual 
consented to the further disclosure of the intimate 
visual depiction. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONSENT.—The term ‘consent’ means an 
affirmative, conscious, and voluntary authorization 
made by an individual free from force, fraud, duress, 
misrepresentation, or coercion. 
‘‘(2) DIGITAL FORGERY.—The term ‘digital for-
gery’ means any intimate visual depiction of an iden-
tifiable individual created through the use of soft-
ware, machine learning, artificial intelligence, or any 
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other computer-generated or technological means, in-
cluding by adapting, modifying, manipulating, or al-
tering an authentic visual depiction, that, when 
viewed as a whole by a reasonable person, is indis-
tinguishable from an authentic visual depiction of 
the individual. 
‘‘(3) IDENTIFIABLE
INDIVIDUAL.—The term 
‘identifiable individual’ means an individual— 
‘‘(A) who appears in whole or in part in an 
intimate visual depiction; and 
‘‘(B) whose face, likeness, or other distin-
guishing characteristic (including a unique 
birthmark or other recognizable feature) is dis-
played in connection with such intimate visual 
depiction. 
‘‘(4) VISUAL DEPICTION.—The term ‘visual de-
piction’ includes undeveloped film and videotape, 
data stored on computer disk or by electronic means 
which is capable of conversion into a visual image, 
and data which is capable of conversion into a visual 
image that has been transmitted by any means, 
whether or not stored in a permanent format. 
‘‘(5) INTIMATE VISUAL DEPICTION.—The term 
‘intimate visual depiction’— 
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‘‘(A) means a visual depiction that de-
picts— 
‘‘(i) the uncovered genitals, pubic 
area, anus, or female nipple of an identifi-
able individual; or 
‘‘(ii) the display or transfer of bodily 
sexual fluids— 
‘‘(I) on to any part of the body 
of an identifiable individual; 
‘‘(II) from the body of an identi-
fiable individual; or 
‘‘(iii) an identifiable individual engag-
ing in sexually explicit conduct; and 
‘‘(B) includes any visual depictions de-
scribed in subparagraph (A) produced while the 
identifiable individual was in a public place only 
if the individual did not— 
‘‘(i) voluntarily display the content de-
picted; or 
‘‘(ii) consent to the sexual conduct de-
picted. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ means actual or simu-
lated— 
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‘‘(A) sexual intercourse, including genital- 
genital, oral-genital, anal-genital, or oral-anal, 
whether between persons of the same or oppo-
site sex; 
‘‘(B) bestiality; 
‘‘(C) masturbation; 
‘‘(D) sadistic or masochistic abuse; or 
‘‘(E) lascivious exhibition of the genitals or 
pubic area of any person. 
‘‘(7) MINOR.—The term ‘minor’ means any in-
dividual under the age of 18 years. 
‘‘(8) BROADCAST.—The term ‘broadcast’ means 
to electronically transmit a visual image with the in-
tent that it be viewed by a person or persons. 
‘‘(9) 
DISTRIBUTE.—The 
term 
‘distribute’ 
means to deliver to the actual or constructive posses-
sion of another person, including transmission by 
mail or electronic means. 
‘‘(10) COMMUNICATIONS
SERVICE.—The term 
‘communications service’ means— 
‘‘(A) a service provided by a person that is 
a common carrier; 
‘‘(B) an electronic communication service; 
‘‘(C) an information service; or 
‘‘(D) an interactive computer service. 
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‘‘(11) COMMON CARRIER.—The term ‘common 
carrier’ means any person engaged as a common 
carrier for hire, in interstate or foreign communica-
tion by wire or radio or interstate or foreign radio 
transmission of energy, but a person engaged in 
radio broadcasting shall not, insofar as such person 
is so engaged, be deemed a common carrier. 
‘‘(12) ELECTRONIC
COMMUNICATION
SERV-
ICE.—The term ‘electronic communication service’ 
means any service which provides to users thereof 
the ability to send or receive wire or electronic com-
munications. 
‘‘(13) INFORMATION SERVICE.—The term ‘in-
formation service’ means the offering of a capability 
for generating, acquiring, storing, transforming, 
processing, retrieving, utilizing, or making available 
information via telecommunications, and includes 
electronic publishing, but does not include any use 
of any such capability for the management, control, 
or operation of a telecommunications system or the 
management of a telecommunications service. 
‘‘(14) INTERACTIVE COMPUTER SERVICE.—The 
term ‘interactive computer service’ means any infor-
mation service, system, or access software provider 
that provides or enables computer access by multiple 
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users to a computer server, including specifically a 
service or system that provides access to the Inter-
net and such systems operated or services offered by 
libraries or educational institutions.’’. 
Æ 
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