Intimate Privacy Protection Act

Discussion Draft
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DISCUSSION DRAFT
114TH CONGRESS
2D SESSION
H. R. ll
To amend title 18, United States Code, to provide that it is unlawful to

knowingly distribute a private, visual depiction of a persons intimate
parts or of a person engaging in sexually explicit conduct, with reckless
disregard for the persons lack of consent to the distribution, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES

Ms. SPEIER introduced the following bill; which was referred to the Committee
on llllllllllllll
A BILL
To amend title 18, United States Code, to provide that
it is unlawful to knowingly distribute a private, visual
depiction of a persons intimate parts or of a person
engaging in sexually explicit conduct, with reckless disregard for the persons lack of consent to the distribution, and for other purposes.
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

3
SECTION 1. SHORT TITLE.
This Act may be cited as the Intimate Privacy Pro-
5 tection Act of 2016.

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Discussion Draft
2
1
SEC. 2. CERTAIN ACTIVITIES RELATING TO VISUAL DEPIC-
TIONS OF THE INTIMATE PARTS OF AN INDI-
VIDUAL OR OF AN INDIVIDUAL ENGAGED IN
SEXUALLY EXPLICIT CONDUCT.
(a) IN GENERAL.Chapter 88 of title 18, United
6 States Code, is amended by adding at the end the fol7 lowing:

8 1802. Certain activities relating to visual depic9
tions of the intimate parts of an indi-
10
vidual or of an individual engaged in sex-
11
ually explicit conduct
12
(a) IN GENERAL.Whoever knowingly uses the
13 mail, any interactive computer service or electronic com14 munication service or electronic communication system of
15 interstate commerce, or any other facility of interstate or
16 foreign commerce to distribute a visual depiction of a per17 son who is identifiable from the image itself or information
18 displayed in connection with the image and who is engag19 ing in sexually explicit conduct, or of the naked genitals
20 or post-pubescent female nipple of a person, with reckless
21 disregard for the persons lack of consent to the distribu22 tion, shall be fined under this title or imprisoned not more
23 than 5 years, or both.
24
(b) EXCEPTIONS.
25
(1) LAW
26
PROCEEDINGS.This
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ENFORCEMENT AND OTHER LEGAL
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3
1
(A) does not prohibit any lawful law en-
forcement, correctional, or intelligence activity;
(B) shall not apply in the case of an individual reporting unlawful activity; and
(C) shall not apply to a subpoena or court
5
6
order for use in a legal proceeding.
(2) VOLUNTARY
POSURE.This
piction of a voluntary exposure of an individuals
10
own naked genitals or post-pubescent female nipple
11
or an individuals voluntary engagement in sexually
12
explicit conduct if such exposure takes place in pub-
13
lic or in a lawful commercial setting.
section does not apply to a visual de-
(3) CERTAIN
14
CATEGORIES OF VISUAL DEPIC-
15
TIONS EXCEPTED.This
16
the case of a visual depiction, the disclosure of which
17
is in the bona fide public interest.
section shall not apply in
(4) TELECOMMUNICATIONS
18
AND
INTERNET
19
SERVICE PROVIDERS.This
20
to any provider of an interactive computer service as
21
defined in section 230(f)(2) of the Communications
22
Act of 1934 (47 U.S.C. 230 (f)(2)) with regard to
23
content provided by another information content
24
provider, as defined in section 230(f)(3) of the Com-
25
munications Act of 1934 (47 U.S.C. 230(f)(3)) un-
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4
1
less such provider of an interactive computer service
intentionally promotes or solicits content that it
knows to be in violation of this section.
(c) DEFINITIONS.In this section:
(1) Except as otherwise provided, any term
used in this section has the meaning given that term
in section 1801.
(2) The term visual depiction means any pho-
tograph, film, or video, whether produced by electronic, mechanical, or other means.
10
(3) The term sexually explicit conduct has
11
12
the
meaning
given
that
term
in
section
13
2256(2)(A)..
14
(b) CLERICAL AMENDMENT.The table of sections
15 of chapter 88 of title 18, United States Code, is amended

16 by inserting after the item relating to section 1801 the
17 following:
1802. Certain activities relating to visual depictions of the intimate parts of
an individual or of an individual engaged in sexually explicit
conduct..
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Discussion Draft

To amend title 18, United States Code, to provide that it is unlawful to

IN THE HOUSE OF REPRESENTATIVES

2 tives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Intimate Privacy Pro-

5 tection Act of 2016.

VerDate Nov 24 2008

16:02 Jun 09, 2016

SEC. 2. CERTAIN ACTIVITIES RELATING TO VISUAL DEPIC-

TIONS OF THE INTIMATE PARTS OF AN INDI-

VIDUAL OR OF AN INDIVIDUAL ENGAGED IN

SEXUALLY EXPLICIT CONDUCT.

(a) IN GENERAL.Chapter 88 of title 18, United

6 States Code, is amended by adding at the end the fol7 lowing:

tions of the intimate parts of an indi-

vidual or of an individual engaged in sex-

ually explicit conduct

(a) IN GENERAL.Whoever knowingly uses the

VerDate Nov 24 2008

16:02 Jun 09, 2016

ENFORCEMENT AND OTHER LEGAL

(A) does not prohibit any lawful law en-

forcement, correctional, or intelligence activity;

(C) shall not apply to a subpoena or court

order for use in a legal proceeding.

piction of a voluntary exposure of an individuals

own naked genitals or post-pubescent female nipple

or an individuals voluntary engagement in sexually

explicit conduct if such exposure takes place in pub-

lic or in a lawful commercial setting.

section does not apply to a visual de-

CATEGORIES OF VISUAL DEPIC-

the case of a visual depiction, the disclosure of which

is in the bona fide public interest.

section shall not apply in

to any provider of an interactive computer service as

defined in section 230(f)(2) of the Communications

Act of 1934 (47 U.S.C. 230 (f)(2)) with regard to

content provided by another information content

provider, as defined in section 230(f)(3) of the Com-

munications Act of 1934 (47 U.S.C. 230(f)(3)) un-

VerDate Nov 24 2008

PUBLIC OR COMMERCIAL EX-

16:02 Jun 09, 2016

section shall not apply

less such provider of an interactive computer service

intentionally promotes or solicits content that it

knows to be in violation of this section.

(c) DEFINITIONS.In this section:

(1) Except as otherwise provided, any term

used in this section has the meaning given that term

(2) The term visual depiction means any pho-

tograph, film, or video, whether produced by electronic, mechanical, or other means.

(3) The term sexually explicit conduct has

(b) CLERICAL AMENDMENT.The table of sections

15 of chapter 88 of title 18, United States Code, is amended

VerDate Nov 24 2008

16:02 Jun 09, 2016