Sec. 532. Punitive article on wrongful broadcast or distribution of intimate visual images or visual images of sexually explicit conduct under the Uniform Code of Military Justice
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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): Any person subject to this chapter who— knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who— is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created; is identifiable from the intimate visual image or visual image of sexually explicit conduct itself, or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct; and knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely— to cause harm, harassment, intimidation, emotional distress, or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or 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 or visual images of sexually explicit conduct and shall be punished as a court-martial may direct.
In this section (article): The term broadcast means to electronically transmit a visual image with the intent that it be viewed by a person or persons. The term distribute means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means. The term intimate visual image means a visual image that depicts a private area of a person. The term private area means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple.
The term reasonable expectation of privacy refers to circumstances in which a reasonable person would believe that an intimate visual image of the person, or a visual image of sexually explicit conduct involving the person, would not be broadcast or distributed to another person. The term sexually explicit conduct means actual or simulated genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation, or sadistic or masochistic abuse.
The term visual image means the following: Any developed or undeveloped photograph, picture, film or video. Any digital or computer image, picture, film, or video made by any means, including those transmitted by any means, including streaming media, even if not stored in a permanent format. Any digital or electronic data capable of conversion into a visual image. . 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. .