I 
118TH CONGRESS 
2D SESSION 
H. R. 8387 
To amend title 18, United States Code, to prohibit the disclosure of intimate 
images, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2024 
Ms. MACE introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 18, United States Code, to prohibit the 
disclosure of intimate images, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Victimizer Account-
ability for Nonconsensual Images and Spiteful Humilia-
tion Act’’ or the ‘‘VANISH Act’’. 
SEC. 2. VISUAL DEPICTION PRIVACY. 
(a) IN GENERAL.—Chapter 88 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 1802. Prohibition of disclosure of intimate images 
‘‘(a) OFFENSE.—Except as provided in subsection 
(b), whoever— 
‘‘(1) recklessly discloses, in or affecting inter-
state or foreign commerce or using any means, chan-
nel, facility, or instrumentality of interstate or for-
eign commerce, an intimate visual depiction of an in-
dividual, without the consent of the individual; 
‘‘(2) knowingly threatens to commit an offense 
described in paragraph (1); or 
‘‘(3) conspires to commit an offense described 
in paragraph (1), 
shall be fined under this title, imprisoned not more than 
5 years, or both. 
‘‘(b) CONSENT.—For 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; 
‘‘(2) the fact that the depicted individual is a 
public figure shall not establish that the depicted in-
dividual consented to the disclosure of the intimate 
visual depiction; and 
‘‘(3) the fact that the depicted individual dis-
closed the intimate visual depiction to someone else 
shall not establish that the depicted individual con-
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sented to the further disclosure of the intimate vis-
ual depiction by the person alleged to have violated 
subsection (a). 
‘‘(c) EXCEPTIONS.— 
‘‘(1) IN GENERAL.—This section shall not apply 
with respect to— 
‘‘(A) an intimate visual depiction that is 
commercial pornographic content, unless that 
content was produced by force, fraud, misrepre-
sentation, or coercion of the depicted individual; 
‘‘(B) a disclosure made in good faith— 
‘‘(i) to a law enforcement officer or 
agency; 
‘‘(ii) as part of a legal proceeding; 
‘‘(iii) as part of medical education, di-
agnosis, or treatment; or 
‘‘(iv) in the reporting or investigation 
of— 
‘‘(I) unlawful content; or 
‘‘(II) unsolicited or unwelcome 
conduct; 
‘‘(C) matter of public concern or public in-
terest; or 
‘‘(D) a disclosure reasonably intended to 
assist the identifiable individual. 
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‘‘(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 
knows is in violation of this section. 
‘‘(3) CLARIFICATION.—The fact that an inti-
mate visual depiction depicts a public figure does not 
constitute an exception under paragraph (1)(C). 
‘‘(d) 
EXTRATERRITORIALITY.—There 
is 
extraterritorial Federal jurisdiction over an offense under 
this section if the alleged offender or the depicted indi-
vidual is a national of the United States (as such term 
is defined in section 101 of the Immigration and Nation-
ality Act (8 U.S.C. 1101)). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘consent’ means an affirmative, 
conscious, competent, and voluntary authorization 
made by the individual free from force, fraud, mis-
representation, or coercion. 
‘‘(2) The term ‘depicted individual’ means an 
individual whose body appears in whole or in part in 
an intimate visual depiction and who is identifiable 
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by virtue of the person’s face, likeness, or other dis-
tinguishing characteristic, such as a unique birth-
mark or other recognizable feature, or from informa-
tion displayed in connection with the visual depic-
tion. 
‘‘(3) The term ‘disclose’ means to transfer, pub-
lish, distribute, or make accessible. 
‘‘(4) The term ‘intimate visual depiction’— 
‘‘(A) means a visual depiction, as that 
term is defined in section 2256(5), 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; or 
‘‘(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 
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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. 
‘‘(5) The term ‘sexually explicit conduct’ has 
the meaning given the term in subparagraph (A) of 
section 2256(2). 
‘‘(6) 
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 
Communications Act of 1934 (47 U.S.C. 
230(f)). 
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