S. 1296 – Reading Mode

115th CONGRESS

1st Session

S. 1296

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.

Short title

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

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 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.