Sec. 569F. ANALYSIS OF PROHIBITION ON BROADCAST AND DISTRIBUTION OF DIGITALLY MANIPULATED INTIMATE IMAGES UNDER THE UNIFORM CODE OF MILITARY JUSTICE

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## SEC. 569F ANALYSIS OF PROHIBITION ON BROADCAST AND DISTRIBUTION OF DIGITALLY MANIPULATED INTIMATE IMAGES UNDER THE UNIFORM CODE OF MILITARY JUSTICE ###

(a)Analysis Required The Secretary of Defense, in coordination with the Joint Service Committee on Military Justice, shall— ####

(1)analyze the feasibility and advisability of, and potential approaches to, modifying the offense of indecent viewing, visual recording, or broadcasting under section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice) to clarify its applicability to the broadcasting and distribution of digitally manipulated intimate images; ####

(2)analyze the feasibility and advisability of, and potential approaches to, modifying the offense of wrongful broadcast or distribution of intimate visual images under section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice)— #####

(A)to clarify its applicability to the nonconsensual distribution of digital forgeries (commonly known as “deepfakes”); and #####

(B)to include such other changes as are indicated in the amendment proposed by section 552 of the H.R. 3838, as engrossed in the House of Representatives on September 10, 2025; and ####

(3)not later than December 31, 2026, submit a report on the results of the analyses required under paragraphs

(1)and

(2)to the Committees on Armed Services of the Senate and the House of Representatives. ###

(b)Considerations In conducting the analysis required under subsection (a), the Secretary of Defense shall consider— ####

(1)the advisability of modifying section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice)— #####

(A)to prohibit the broadcasting or distribution of an intimate digital depiction of another person that the offender knew or reasonably should have known was made without the other person’s consent and under circumstances in which that person has a reasonable expectation of privacy; and #####

(B)to define the term “intimate digital depiction” (as used in subparagraph (A)) as a digital depiction of an individual that has been created or altered using digital manipulation and that depicts— ######

(i)the private area of an identifiable individual; or ######

(ii)an identifiable individual engaging in sexually explicit conduct (as defined in section 917a(b) of title 10, United States Code (article 117a(b)(4) of the Uniform Code of Military Justice)); ####

(2)such other approaches to the modification of such section 920c (article 120c) as the Secretary considers appropriate to address digitally manipulated intimate images; and ####

(3)the advisability of modifying section 917a of title 10, United States Code (article 117a of the Uniform Code of Military Justice) in the manner described in subsection (a)(2) and such other approaches to the modification of such section (article) as the Secretary considers appropriate. ## Subtitle H Career Transition