Title: PRIVATE Act
Policy area: Armed Forces and National Security

Summary:
Protecting the Rights of IndiViduals Against Technological Exploitation Act or the PRIVATE Act
This bill amends the Uniform Code of Military Justice to prohibit a person from knowingly and wrongfully broadcasting or distributing an intimate visual image of a private area of another individual who is at least 18 years old, who is identifiable from the image or from information displayed in connection with the image, and who does not explicitly consent, if the person knows or reasonably should have known that:
The perpetrator of such offense is guilty of wrongful distribution of intimate visual images and shall by punished as a court-martial may direct.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1296 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1296

To amend the Uniform Code of Military Justice to prohibit the wrongful 
          broadcast or distribution of intimate visual images.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2017

Mrs. McCaskill (for herself, Mr. Heller, and Mrs. Ernst) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend the Uniform Code of Military Justice to prohibit the wrongful 
          broadcast or distribution of intimate visual images.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting the Rights of IndiViduals 
Against Technological Exploitation Act'' or the ``PRIVATE Act''.

SEC. 2. PROHIBITION ON WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE 
              VISUAL IMAGES.

    (a) Prohibition.--Subchapter X of chapter 47 of title 10, United 
States Code, is amended by inserting after section 917 (article 117 of 
the Uniform Code of Military Justice) the following new section 
(article):
``Sec. 917a. Art. 117a. Wrongful broadcast or distribution of intimate 
              visual images
    ``(a) Prohibition.--Any person subject to this chapter who--
            ``(1) knowingly and wrongfully broadcasts or distributes an 
        intimate visual image of a private area of another person who--
                    ``(A) is at least 18 years of age at the time the 
                intimate visual image was created;
                    ``(B) is identifiable from the image itself or from 
                information displayed in connection with the image; and
                    ``(C) does not explicitly consent to the broadcast 
                or distribution of the intimate visual image;
            ``(2) knows or reasonably should have known that the 
        intimate visual image was made under circumstances in which the 
        person depicted in the intimate visual image retained a 
        reasonable expectation of privacy regarding any broadcast or 
        distribution of the intimate visual image; and
            ``(3) knows or reasonably should have known that the 
        broadcast or distribution of the intimate visual image is 
        likely--
                    ``(A) to cause harm, harassment, intimidation, 
                emotional distress, or financial loss for the person 
                depicted in the intimate visual image; or
                    ``(B) to harm substantially the depicted person 
                with respect to that person's health, safety, business, 
                calling, career, financial condition, reputation, or 
                personal relationships,
is guilty of wrongful distribution of intimate visual images and shall 
by punished as a court-martial may direct.
    ``(b) Definitions.--In this section (article):
            ``(1) Broadcast.--The term `broadcast' means to 
        electronically transmit a visual image with the intent that it 
        be viewed by a person or persons.
            ``(2) Distribute.--The term `distribute' means to deliver 
        to the actual or constructive possession of another person, 
        including transmission by mail or electronic means.
            ``(3) Intimate visual image.--The term `intimate visual 
        image' means a photograph, video, film, or recording made by 
        any means that depicts a private area of a person.
            ``(4) Private area.--The term `private area' means the 
        naked or underwear-clad genitalia, anus, buttocks, or female 
        areola or nipple.
            ``(5) Reasonable expectation of privacy.--The term 
        `reasonable expectation of privacy' refers to circumstances in 
        which a reasonable person would believe that an intimate visual 
        image of the person would not be broadcast or distributed to 
        another person.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter X of chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice), is amended by inserting after the item 
relating to section 917 (article 117) the following new item:

``917a. 117a. Wrongful broadcast or distribution of intimate visual 
                            images.''.
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