Bills Sec. 802 — Criminal prohibition on intentional…

Section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 ) is amended— by redesignating subsection

(h)as subsection (i); and by inserting after subsection

(g)the following: In this subsection: The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual. The term identifiable individual means an individual— who appears in whole or in part in an intimate visual depiction; and whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction. The term interactive computer service has the meaning given the term in section 230. The term intimate visual depiction has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 ( 15 U.S.C. 6851 ). The term minor means any individual under the age of 18 years. Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if— the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy; what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; what is depicted is not a matter of public concern; and publication of the intimate visual depiction— is intended to cause harm; or causes harm, including psychological, financial, or reputational harm, to the identifiable individual. Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is a minor with intent to— abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person. Subparagraphs

(A)and

(B)shall not apply to— a lawfully authorized investigative, protective, or intelligence activity of— a law enforcement agency of the United States, a State, or a political subdivision of a State; or an intelligence agency of the United States; a disclosure made reasonably and in good faith— to a law enforcement officer or agency; as part of a document production or filing associated with a legal proceeding; as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose; in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or to seek support or help with respect to the receipt of an unsolicited intimate visual depiction; a disclosure reasonably intended to assist the identifiable individual; or a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code). Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is not a minor if— the digital forgery was published without the consent of the identifiable individual; what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; what is depicted is not a matter of public concern; and publication of the digital forgery— is intended to cause harm; or causes harm, including psychological, financial, or reputational harm, to the identifiable individual. Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is a minor with intent to— abuse, humiliate, harass, or degrade the minor; or arouse or gratify the sexual desire of any person. Subparagraphs

(A)and

(B)shall not apply to— a lawfully authorized investigative, protective, or intelligence activity of— a law enforcement agency of the United States, a State, or a political subdivision of a State; or an intelligence agency of the United States; a disclosure made reasonably and in good faith— to a law enforcement officer or agency; as part of a document production or filing associated with a legal proceeding; as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose; in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or to seek support or help with respect to the receipt of an unsolicited intimate visual depiction; a disclosure reasonably intended to assist the identifiable individual; or a person who possesses or publishes a digital forgery of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code). Any person who violates paragraph (2)(A) or (3)(A) shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. Any person who violates paragraph (2)(B) or (3)(B) shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. For purposes of paragraphs

(2)and (3)— the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction; and the fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph

(2)or (3), respectively. Any person who intentionally threatens to commit an offense under paragraph

(2)for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in paragraph (4). Any person who intentionally threatens to commit an offense under paragraph (3)(A) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 18 months, or both. Any person who intentionally threatens to commit an offense under paragraph (3)(B) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 30 months, or both. The court, in imposing a sentence on any person convicted of a violation of paragraph

(2)or (3), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States— any material distributed in violation of that paragraph; the person’s interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation. Section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections

(a)and (d), shall apply to the criminal forfeiture of property under subparagraph (A). The court shall order restitution for an offense under paragraph

(2)or

(3)in the same manner as under section 2264 of title 18, United States Code. Nothing in this subsection shall be construed to limit the application of any other relevant law, including section 2252 of title 18, United States Code. . Section 223(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 223(e)(1) ) is amended by striking or

(d)and inserting , (d), or

(h). Subsection

(i)of section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 ), as so redesignated by subsection (a), is amended by inserting before Definitions .— For purposes of this section .

Sec. 802. Criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions