H.R. 2052House115th Congress (2017-2019)Passed House

PRIVATE Act

Introduced April 6, 2017

AI-Generated Summary

Updated April 15, 2026 at 2:55 PM UTC

The PRIVATE Act adds a new offense to the Uniform Code of Military Justice that makes it a crime for service members to knowingly and wrongfully share intimate images of another adult without consent. It targets any broadcast or distribution of photos or videos of private body parts when the person depicted had a reasonable expectation of privacy and the sharing would likely cause harm. Violations are punishable by court‑martial.

Key Provisions

  • Creates Article 117a, prohibiting service members from knowingly broadcasting or distributing an intimate visual image of another person who is at least 18, identifiable, and did not consent.
  • Defines “broadcast” as electronic transmission intended for viewing, and “distribute” as delivering the image by any means, including mail.
  • Specifies “intimate visual image” as any photo, video, or recording showing a private area (genitals, anus, buttocks, or female areola/nipple).
  • Requires that the offender knew or should have known the person had a reasonable expectation of privacy and that the sharing would likely cause emotional, financial, or reputational harm.
  • Sets the penalty to be determined by a court‑martial.

Legislative Activity

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12 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Armed Services.

May 25, 2017

View full timeline
HouseIntro Referral

Introduced in House

April 6, 2017

HouseIntro Referral

Referred to the House Committee on Armed Services.

April 6, 2017

HouseCommittee

Referred to the Subcommittee on Military Personnel.

April 24, 2017

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H3057-3058)

May 2, 2017

HouseFloor

Ms. McSally moved to suspend the rules and pass the bill.

May 23, 2017 • 4:07 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4477-4480)

May 23, 2017 • 4:07 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 2052.

May 23, 2017 • 4:07 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

May 23, 2017 • 4:29 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4527)

May 24, 2017 • 1:47 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 277).(text: CR 5/23/2017 H4477-4478)

May 24, 2017 • 1:54 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 277). (text: CR 5/23/2017 H4477-4478)

May 24, 2017 • 1:54 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 24, 2017 • 1:54 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Armed Services.

May 25, 2017

Floor Debate

17 members

What members said about H.R. 2052 on the floor

4 Republicans13 Democrats
Lois Frankel
Rep. Lois FrankelD-FL-21 · May 2, 2017

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on the topic of my Special Order. Mr.…

Ann M. Kuster
Rep. Ann M. KusterD-NH-2 · May 2, 2017

Mr. Speaker, I am pleased to be here tonight for this Special Order on the Marines photo sharing scandal. I am pleased to be with you but disturbed about the underlying incident. I don't think there…

Don Bacon
Rep. Don BaconR-NE-2 · Apr 27, 2017

Mr. Speaker, I rise today to speak about Sexual Assault Awareness Month and the need to support those who have been victimized by this terrible crime. According to the National Sexual Violence…

Martha McSally
Rep. Martha McSallyR-AZ-2 · May 2, 2017

Mr. Speaker, I want to thank my colleague. And yes, I just came over from a hearing on the Armed Services Committee; first panel with some victims, and second panel with the superintendents of the…

Norma J. Torres
Rep. Norma J. TorresD-CA-35 · May 2, 2017

Mr. Speaker, I thank Congresswoman Frankel and Congresswoman Jackie Speier of the Democratic Women's Working Group for hosting tonight's Special Order and for their constant advocacy on behalf of the…

Show 8 more
Jackie Speier
Rep. Jackie SpeierD-CA-14 · May 23, 2017

Mr. Speaker, I yield myself such time as I may consume. Four years ago, I stood on the House floor and condemned the online bullying of U.S. Marine Corps servicewomen on Facebook. These web pages…

Barbara Lee
Rep. Barbara LeeD-CA-13 · May 2, 2017

Mr. Speaker, let me thank Congresswoman Frankel for being such an exemplary chair, and also our vice chair, Brenda Lawrence. You have put together quite a team and really are raising the issues that…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 2, 2017

Mr. Speaker, I thank Congresswoman Frankel, our chair, our leader, and all of my colleagues that appeared today. What a powerful force of women who are standing by our Marines. Now, let me be very…

Brenda L. Lawrence
Rep. Brenda L. LawrenceD-MI-14 · May 2, 2017

Mr. Speaker, I thank Congresswoman Frankel for her leadership on the Women's Caucus. The Women's Caucus is a bipartisan women's committee. I was honored when I was given the opportunity to serve on…

Don Bacon
Rep. Don BaconR-NE-2 · May 2, 2017

Mr. Speaker, I rise today in support of this bipartisan effort to protect victims of nonconsensual sharing of intimate media in the Armed Forces and to hold those who engage in this dishonorable…

Martha McSally
Rep. Martha McSallyR-AZ-2 · May 23, 2017

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2052) to amend the Uniform Code of Military Justice to prohibit the wrongful broadcast or distribution of intimate visual images. Mr.…

Linda T. Sánchez
Rep. Linda T. SánchezD-CA-38 · May 24, 2017

Mr. Speaker, I rise to a question of the privileges of the House and offer a resolution previously noticed. I do, Mr. Speaker. Mr. Speaker, under clause 1 of rule IX, questions of the privileges of…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Jun 7, 2017

Mr. Speaker, due to the birth of my first child I was unable to be present for votes taken May 18 through 19, 22, and 24 through 25, as well as for some votes on May 23. Had I been present, I would…

Show 9 more
Ann M. Kuster
Rep. Ann M. KusterD-NH-2 · May 23, 2017

Mr. Speaker, I thank Representative McSally and Representative Jackie Speier for bringing us to the floor today. I speak on behalf of H.R. 2052, the PRIVATE Act. I was deeply disturbed by the Marine…

Madeleine Z. Bordallo
Rep. Madeleine Z. BordalloD-GU · May 23, 2017

Mr. Speaker, today I rise to urge my colleagues to support H.R. 2052, the Protecting the Rights of IndiViduals Against Technological Exploitation Act, also known as the PRIVATE Act. This act will…

Lois Frankel
Rep. Lois FrankelD-FL-21 · May 23, 2017

Mr. Speaker, I thank my great colleague from California and I thank my colleagues on both sides of the aisle for their leadership on a subject of urgency. Mr. Speaker, in the strongest terms…

Susan A. Davis
Rep. Susan A. DavisD-CA-53 · May 23, 2017

Mr. Speaker, I thank my colleague for bringing this forward. The Marines United website was a disgusting breach of trust, and I immediately called for the perpetrators to be prosecuted. I appreciate…

Niki Tsongas
Rep. Niki TsongasD-MA-3 · May 23, 2017

Mr. Speaker, earlier this year, many of us heard of the Marines United Facebook page for the first time. On this page, women marines found that their intimate photos were posted without their…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 23, 2017

Will the gentlewoman yield? I want to add my support for this legislation, and I thank the gentlewoman from California and the gentlewoman from Arizona for their longstanding service. We have been…

Susan W. Brooks
Rep. Susan W. BrooksR-IN-5 · May 24, 2017

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``yea'' on rollcall No. 274. Stated against:

Kyrsten Sinema
Rep. Kyrsten SinemaD-AZ-9 · May 24, 2017

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``nay'' on rollcall No. 274.

Ken Buck
Rep. Ken BuckR-CO-4 · May 24, 2017

Mr. Speaker, I have a motion at the desk.

Bill Text

3 versions available

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Latest
Referred in SenateIssued May 25, 2017

IIB

115th CONGRESS

1st Session

H. R. 2052

IN THE SENATE OF THE UNITED STATES

May 25, 2017

Received; read twice and referred to the Committee on Armed Services

AN ACT

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

1.

Short title

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

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):

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 a private area 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.

.

Passed the House of Representatives May 24, 2017.

Karen L. Haas,

Clerk.